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The debts owed by the other party due to gambling losses, that is, the so-called "gambling debts", are not legal and valid creditor-debtor relationships, and are certainly not protected by law. Because gambling is a blatant illegal civil act, the debts arising from it are not only invalid and cannot be supported by resorting to law, but also the court must confiscate the property and illegal gains of illegal activities in accordance with the relevant provisions of the General Principles of the Civil Law; Borrowing money from another person for gambling or paying off gambling debts is also not a joint debt of the husband and wife, and should be repaid with his personal property in the event of divorce. Joint debts of husband and wife refer to debts incurred by both husband and wife or one of them for the purpose of maintaining their common life or engaging in business activities for the purpose of living together during the existence of the marital relationship.
The personal debts of husband and wife refer to the debts incurred by one spouse alone, mainly including debts incurred by one party without the consent of the other party to finance relatives and friends who have no dependency relationship with him, debts incurred by one party to raise funds to engage in business activities without the consent of the other party, debts incurred by one party to engage in business activities without the income being used for living together, and debts incurred by one party for personal illegal acts or squandering to satisfy selfish desires. The debts incurred by gambling are the personal debts of one of the gambling members, and of course not shared by the other party.
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First of all, it depends on whether the funds for the purchase of the house are personal property before marriage or joint property after marriage, if it is after marriage, then there should be a part of the man, and you are a real estate that has not actually been obtained, the court can first rule to one party to use, and then divide it after the actual acquisition.
Repeated gambling is a statutory divorce situation, and divorce will definitely be supported. Moreover, when dividing the joint property of the husband and wife, it may be divided less or no share.
Of course, child support will continue to be paid until the child reaches the age of 18.
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It is recommended not to divorce, divorce is a loss, because the woman's property is considered joint property, it is recommended that the woman do a fair job, prove that some property belongs to herself, and then divorce.
Gambling debts are the same as upstairs.
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1.The house depends on how the name of the title deed is written. It also depends on whether it belongs to one of the party's pre-marital assets.
2.If the gambling debt is not used for the husband and wife to live together, then it is a personal debt of one party. The other party is not obligated to repay.
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The sublease of the house shall be approved by the lessor, otherwise it shall be invalid.
1. Determination of the nature of your lease contract. At first, you say that you have sublet the right to use the shop from the first operator, but then you say that you have signed a lease with the landlord. It feels a bit messy.
Whether it is a sublease contract or a general lease contract needs to be further determined. If the actual parties to the lease contract are you and the landlord, the contract should be a general lease contract. If the other party is the first operator, it should be a sublease contract.
2. Determination of the validity of the sublease contract. According to Article 28 of the Measures for the Administration of Urban Housing Leasing, the sublease contract must be agreed in writing by the original lessor! If the contract is a sublease contract, then only the landlord's consent is not in writing, then the validity of the contract needs to be further determined!
Due to the violation of the mandatory provisions of the "Measures for the Administration of Urban Housing Leasing", in accordance with Article 52 of the Contract Law, the contract that violates the national law and the mandatory provisions of the administrative regulations is invalid. The Measures for the Administration of Urban Housing Leasing were issued by the Ministry of Construction and are administrative regulations. As a result, the sublease may be deemed invalid!
3. On the issue of transfer fee. In a sublease contract, the law does not prohibit the first lessee from receiving a certain reasonable fee from the sublease contract.
4. Whether to renew the lease upon expiration. Generally speaking, after the expiration of the lease term, the original lessee has the right of first refusal under the same conditions. However, there is no problem for the lessor to adjust the rent according to the market after the expiration of the lease.
5. Regarding the nature of the rent of 50,000 yuan you said. Is the $50,000 an agreed one-year rent or 3 or 5 years or something else? This is related to the determination of the lease term of your contract.
1. As analyzed above, the sublease contract can be requested to be invalid. If it is found to be invalid, it can claim a refund of the so-called "transfer fee" from the first operator;
2. During the operation of the store, if the decoration is made with the consent of the lessor, if it cannot be dismantled or separated, the other party can be requested to give a certain compensation!
i] This post was last published on 2008-4-1805:52pm[i]].
Very serious, scholarly demeanor.
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If I resign now, can I pay the garnished wages?
If you're asking about 4,000 for a full year, the four thousand isn't the wages of the withholding, so you can't.
Can I apply for wage compensation?
Everyone has the right to make a claim, but whether or not they are supported is another matter.
Can I apply for compensation for one year's wages under Article 82 of the Labor Law?
Article 82 of the Labor Law states that the party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration.
If there is no objection to the arbitral award, the parties must perform it.
In addition, according to Article 82 of the Labor Contract Law, it is 11 months.
If I can't, can I apply for one month's salary?
It depends on your reason.
On what grounds should you sue?
You can't sue, you need to arbitrate first, and it's all based on the fact that you're in an employment relationship, not an employment relationship.
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If I resign now, can I claim the withheld wages, and can I apply for wage compensation?
40,000 per year, you have to provide evidence, otherwise it will be calculated according to the minimum wage.
Can I apply for compensation for one year's wages under Article 82 of the Labor Law?
OK. If I can't, can I apply for one month's salary? On what grounds should you sue?
You should apply for arbitration, or file a complaint with the labor inspectorate, rather than filing a lawsuit directly.
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Your question is very simple, you are asking in the wrong place, how can a professional lawyer have the time to answer professional legal questions here, that is a fee, do you understand, if you want to find an answer, you have to go, a law firm to consult, do you understand?
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It is reasonable to refuse, because the principle of reciprocity of rights and obligations, and he should not enjoy rights if he does not fulfill his obligations.
However, it cannot be a legal reason for you to refuse to support the elderly. Because the Marriage Law stipulates that parents have the obligation to raise and educate their children, and children have the obligation to support and support their parents; When the parents fail to fulfill the obligation to support the child, the child who is a minor or cannot live independently has the right to demand the payment of child support from the parents; In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
The law stipulates the obligations and the right to make requests for both, and there is no provision for the right to exempt from obligations. That is to say, when your parents did not fulfill their obligations, you had the right to request (you gave up the right to request and could not become a waiver), and now your parents have the right to request you to fulfill your maintenance obligations, which is supported by law.
Attachment: Marriage Law of the People's Republic of China
Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.
When the parents fail to fulfill the obligation to support the child, the child who is a minor or cannot live independently has the right to demand the payment of child support from the parents;
In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
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The law is also tolerant. In the law, there is indeed an obligation. And in the sense of reason, the refusal is also in the sense of reason.
If the other party is not satisfied, you need to prove that you have fulfilled your obligation to support him, and if he does not support him, you can not support him. However, most judges will persuade those who have the spare resources to support them in order to promote traditional virtues. However, the meaning of the relationship also needs to be reciprocal, and the rights and responsibilities complement each other, and it is reasonable that the other party has not fulfilled its responsibilities and cannot enjoy the rights.
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Me too, in the middle of the night half a month ago, he called ** to say ......Now several of our classmates are studying together, he's okay, and he didn't continue to say anything, but he will help me, but he's very good to everyone Actually, I like him too, alas, I'm as miserable as the landlord, ah......However, I feel like it's better to wait a little longer, hehe, when Valentine's Day arrives, everything should be clear.
Heartfelt beauty and snowflake pear are mixed with sugar.