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What kind of house is being renovated, and what is your relationship with the house?
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Legal basis: Article 945 of the Civil Code of the People's Republic of China Where an owner decorates or decorates a house, he or she shall inform the property service provider in advance, comply with the reasonable precautions prompted by the property service provider, and cooperate with him in conducting necessary on-site inspections.
Where the owner transfers or leases the exclusive part of the property, establishes the right of residence, or changes the use of the common part in accordance with law, the property management service provider shall be promptly informed of the relevant circumstances.
Article 70 of the Construction Law of the People's Republic of China Anyone who violates the provisions of this Law and involves the unauthorized construction of the decoration project involving the change of the main body of the building or the load-bearing structure shall be ordered to make corrections and be fined; if the loss is caused, it shall be liable for compensation; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Residential Interior Decoration and Decoration Management Measures" Article 5 Residential Interior Decoration and Decoration Activities are prohibited from the following acts:
A) without the original design unit or the design unit with the corresponding qualification level to put forward the design plan, change the main body of the building and load-bearing structure;
2) Changing rooms or balconies without waterproof requirements into bathrooms and kitchens;
3) Expand the size of the original doors and windows on the load-bearing wall, and remove the brick and concrete walls connecting the balconies;
4) Damage the original energy-saving facilities of the house and reduce the energy-saving effect;
5) Other behaviors that affect the safety of building structure and use.
The main body of the building in these measures refers to the structural structure of the building entity, including roofs, floors, beams, columns, supports, walls, connecting joints and foundations. The load-bearing structure referred to in these measures refers to the main structural components and its connecting joints that are directly transmitted to the foundation with its own weight and various external forces systematically, including load-bearing walls, poles, columns, frame columns, piers, floor slabs, beams, roof trusses, suspension cables, etc.
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Common residential renovation violations.
1. Decoration without the approval of the property company (there is no decoration construction permit issued by the property company.)
2. Unauthorized alteration of housing structures, pipelines, pipelines and other facilities and equipment;
3. Changing the function of the house without authorization;
4. Unauthorized use of open flames and smoking;
5. Decoration materials and garbage channels are stacked;
6. Decoration materials passenger elevator;
7. Illegal construction (sealed balcony, anti-theft net, glass sun room).
8. Exceeding the decoration period;
9. Not decorating on time;
10. Not equipped with necessary fire-fighting equipment;
11. Necessary fire-fighting equipment for decoration personnel;
12. Decoration garbage is dumped indiscriminately (decoration garbage must be bagged and packed neatly stacked in the garbage room, and the owner cleans up the decoration garbage unit by himself, and it is strictly forbidden to pile the decoration garbage in the public area);
Decoration materials do not comply with environmental protection regulations and release polluting odors;
14. Decoration personnel destroy the public facilities and equipment of the community;
15. There are no protective measures in front of the decoration unit, and the entry and exit of personnel and materials affects the overall environmental health of the community;
16. Construction is not carried out according to the content of the decoration declaration, and there is a phenomenon of less application and more construction.
1. According to the relevant provisions of Article 39 of the Administrative Measures for Residential Interior Decoration and Decoration (Order No. 110 of the Ministry of Construction), the construction of buildings and structures in residential interior decoration activities, or the unauthorized change of residential facades, doors and windows on non-load-bearing exterior walls and other illegal acts shall be punished by the municipal and county planning administrative departments.
2. According to the relevant provisions of Article 40 of the Administrative Measures for Residential Interior Decoration, the decoration project involving the change of the main body of the building or the load-bearing structure in the residential interior decoration activities, and the illegal act of unauthorized construction without a design plan shall be punished by the municipal and county construction administrative departments.
3, in violation of the "residential interior decoration management measures" by the real estate administrative departments to investigate and deal with illegal acts, such as the room and or balcony without waterproof requirements to the bathroom, kitchen, or remove the bricks and concrete walls connected to the balcony, by the municipal and county real estate administrative departments to punish.
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Legal basis for unauthorized renovation of the house:
1. For residential interior decoration without authorization, the administrative department will be ordered to correct it in accordance with the provisions of the "Residential Interior Decoration Management Measures", and impose a fine of 500 yuan to 1000 yuan.
2. For non-residential decoration and unauthorized decoration, the competent department of housing decoration at or above the county level shall order it to go through the formalities quietly, and impose a fine of more than 1,000 yuan and less than 10,000 yuan on the responsible person.
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The tort liability for unauthorized decoration of the rented house needs to be borne. Tort liability refers to the civil legal consequences that the civil subject should bear due to the tortious act of the actual servant Liang Lashi. Tort liability is an obligation that any person bears to others, that is, not to infringe upon the legitimate rights and interests of others because of his own wrong (fault) behavior, otherwise it can constitute a tort and be liable to the injured party.
Infringements are basically illegal acts.
1. What is tort liability?
Tort liability refers to the civil legal consequences that a civil subject should bear as a result of committing a tortious act.
Tort liability is an obligation that any person bears to others, that is, not to infringe upon the legitimate rights and interests of others because of his own wrong (fault) behavior, otherwise it can constitute a tort and be liable to the injured party. Infringements are basically illegal acts.
2. What are the provisions on liability for motor vehicle tort liability?
The liability for motor vehicle tort liability stipulates that if someone has committed a tort, then the party bears the main tort liability. Tort liability refers to the civil legal consequences that a civil subject should bear as a result of committing a tortious act.
Tort liability is an obligation that any person bears to others, that is, not to infringe upon the legitimate rights and interests of others because of his own wrong (fault) behavior, otherwise it can constitute a tort and be liable to the injured party. Infringements are basically illegal acts.
3. What is the determination of infringement in copyright?
1. Illegality. The act that caused the damage must be illegal in nature for the perpetrator to be liable for compensation. Otherwise, even if there is a fact of damage, the perpetrator cannot be held liable for compensation.
Regardless of whether the activities carried out by the actor infringe upon the interests of the copyright owner or whether the activities carried out by the actor pose a major threat to the interests of the copyright, they will inevitably harm the interests of the copyright owner in the future, and all constitute copyright infringement.
2. Facts of damage. It usually refers to the act carried out by the infringer that objectively causes harm to the injured party. If the infringer's act has caused damage to the copyright owner and there is no statutory reason for liability, the infringer shall bear legal liability.
However, if the infringer commits the infringement without causing actual damage to the copyright owner, should he be liable for infringement? If a person unlawfully copies a work in large quantities without the permission of the copyright owner, but does not divide it, is this an infringement of copyright? Another example is a publisher who publishes without the author's permission but pays the author remuneration.
I think these are infringements because they are not authorized by the author and without legal permission, and the infringer has exercised rights that should have been controlled by the copyright owner or hindered the exercise of the copyright owner's rights.
3. Causality. That is, only when there is a causal relationship between the tortious act committed by the infringer and the consequences of the damage, the infringer will be liable. If the perpetrator has committed the tort and illegal act, but the victim's damage is not related to it, he cannot be held liable for compensation.
4. Subjective fault. In the case of copyright infringement, the subjective fault shall be liable when the fault liability applies. Fault is a state of mind in which the perpetrator determines his or her actions. Fault comes in both intentional and negligent forms.
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The legal person responsibilities of the decoration company are as follows: 1. The legal person shall bear personal legal responsibility and civil legal liability; 2. If a legal person violates the contract or fails to perform other obligations, it shall bear civil liability; 3. If the business activities engaged in in the name of a legal person cause economic losses to others, the legal person shall also bear civil liability.
Article 62 of the Civil Code: Where a legal representative causes harm to others as a result of performing his or her duties, the legal person shall bear civil liability. After a legal person bears civil liability for individual travel, it may recover compensation from the legal representative who is at fault in accordance with the provisions of the law or the articles of association of the legal person.
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