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The legal relationship terms are explained as follows:
Legal relationship is a special relationship of rights and obligations formed by the law in the process of adjusting people's behavior. In other words, legal relationship refers to the relationship of rights and obligations that are regulated by legal norms.
Legal relations are social relations that arise on the premise of law, and without the provisions of the law, it is impossible to form a corresponding legal relationship. A legal relationship is a social relationship guaranteed by the coercive power of the state, and when the legal relationship is damaged, the state will use the coercive force to correct or restore it.
The legal relationship is composed of three elements, namely, the subject of the legal relationship, the object of the legal relationship and the content of the legal relationship.
The proposition that legal relations are a kind of social relations established according to legal norms illustrates at least three problems: First, legal norms are the premise for the emergence of legal relations. If there is no corresponding legal norm, it is impossible to create a legal relationship.
Second, legal relations do not obscure the social relations themselves that are regulated or protected by legal norms.
Social relations are a huge system, some of which are regulated by law (such as political relations, economic relations, administrative relations, etc.), and some are not regulated by law or should not be adjusted by law (such as friendship relations, love relations, internal relations of political parties and associations), and some are protected by law, and these protected social relations do not belong to the legal relations themselves (for example, the relations protected by the criminal law are not equal to criminal legal relations).
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What are the basic principles that should be followed by lawyer witnessing under the law of lawyer witnessing: 1) Voluntary principle: that is, witnessing the matters applied by the client according to the client's application.
2) The principle of directness: that is, only the specific legal acts and legal events that occurred within the scope of the lawyer's own vision can be proved. 3) Principle of fairness:
That is, it truly reflects the customer's intention and objectively confirms the legal act that is taking place. 4) The principle of recusal: that is, a lawyer shall not handle the witnessing business that has an interest in himself, his or her spouse, or his or her spouse's close relatives.
5) Adhere to the principle of taking facts as the basis and the law as the criterion. 6) The principle of keeping customer confidentiality. Scope of Lawyer's Witness Practice:
1) The signing and performance of various economic contracts; 2) Legal documents such as the articles of association, resolutions of the board of directors, and share transfer agreements; 3) Inheritance, gift, transfer and other civil acts; 4) Other witness matters entrusted by the parties. 5) All other matters that laws, regulations, or administrative rules do not prohibit lawyers from witnessing may witness. What is a lawyer's certificateThe definition of a lawyer's certificate refers to a legal document produced by a lawyer at the request of a client to prove the authenticity and legality of the legal facts or legal acts he has seen in person in accordance with the law.
The significance of lawyer's testimony lies in the fact that it can not only prompt the parties to take the legal acts seriously and seriously, but also increase their sense of responsibility, so as to ensure the legitimacy and stability of the legal relationship established by the two parties, and is conducive to enforcement. If a dispute arises afterwards, the witness lawyer can provide the people's court with authentic and reliable evidence. The content of the lawyer's testimony The scope of the lawyer's testimony generally includes:
Objective legal facts, undisputed facts, legal acts, legal documents. The basic content of a lawyer's testimony specifically includes:1
When two or more parties carry out specific legal acts, the witness lawyer who accepts the appointment must be present at the scene to witness and supervise the legal acts of the parties; 2.Review whether the materials provided by the parties are true and credible, and whether the content of the relevant documents is legal; 3.In reviewing the qualifications of the parties and their persons, if they are legal persons, it shall be ascertained whether they have legal person qualifications.
If the entrusting person entrusts the signing of the contract, it shall be ascertained whether there is an identity certificate of the legal representative or representative and a power of attorney of the legal representative (or representative). After review, the witness lawyer finds that the materials provided by the parties are incomplete, and should request the parties to supplement them, and if they have doubts about the matters to be witnessed, they should notify the parties to make explanations. Where the requirements for witnessing are still not met after supplementation and explanation, it is not appropriate for the lawyer to make a witness certificate.
I hope that through the above content, you can have a deeper understanding of the relevant content of the legal provisions witnessed by lawyers. If your situation is more complicated, we also provide consulting services for lawyers, and you are welcome to provide legal advice.
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The terminology of legal counsel is explained as follows:
refers to specialized personnel who answer legal inquiries and provide legal assistance.
Legal counsel is also known as corporate lawyer, including external legal counsel of the enterprise, that is, the law firm accepts the entrustment of the enterprise to appoint a lawyer to serve as the legal counsel of the enterprise, and the internal legal counsel of the enterprise, that is, the legal professional management personnel of the enterprise hired by the enterprise.
No matter what form of corporate legal counsel, they are mainly engaged in corporate legal consultation, legal counsel, project negotiation, prevention of legal risks, implementation of national laws and regulations, legal opinions on major business decisions of enterprises in accordance with the law, participation in the drafting and review of important rules and regulations of enterprises, contract review and signing, litigation and non-litigation banquet sails and other legal affairs.
Article 29 of the Lawyers Law of the People's Republic of China: Where lawyers serve as legal advisers, they shall provide opinions to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation, or arbitration activities, handle other legal matters entrusted to them, and preserve the lawful rights and interests of the client. Article 28 of the "Lawyers Law of the People's Republic of China" provides that lawyers may engage in the following business: accept the entrustment of natural persons, legal persons, or other organizations to serve as legal advisers.
With the continuous improvement of China's legal system and the improvement of the overall legal awareness of social hail, more and more enterprises are aware of the importance of law, so many enterprises have also hired legal counsel to reduce the legal risks of their own operations.
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I will be glad to answer for you, a formal interpretation, also commonly known as a statutory interpretation, refers to a legally binding interpretation of a law made by a specific state authority, ** or other person with the power of interpretation. Formal interpretation is sometimes referred to as the right to interpret. Depending on the interpretation of the state organs; Statutory interpretations can be divided into three types: legislative, judicial, and administrative.
Informal interpretation, also commonly known as academic interpretation, generally refers to a non-legally binding interpretation of a legal provision by scholars or other individuals and organizations. Legal interpretation refers to the explanations made by certain state organs, organizations or individuals on the meaning, content, concepts, terminology and conditions of application of current legal norms and legal provisions in accordance with relevant legal provisions, policies, concepts of fairness and justice, legal theories and practices in order to apply and comply with the law. Law refers to the normative system formulated or approved by the state and guaranteed by the coercive power of the state, reflecting the will of the ruling class, the content of which is determined by the material living conditions of the ruling class, and it confirms, protects and develops the social relations and social order in favor of the ruling class by stipulating the rights and obligations of people in their mutual relations. It refers to a unified whole that has passed all the existing legal norms and is formed by the classification and combination of different legal departments.
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