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The use of the building as the means of payment for sand is a mutual agreement between you and is binding on both of you. If you provide the developer with sand that meets the contract, but the developer cannot deliver the house to you due to his own reasons, the developer is in breach of contract, and you can sue the developer to demand that the other party pay you for the sand.
Doing business is risky, according to your description, if the developer has run away and you can't find him, in fact, you may win the lawsuit but not get the money if you sue the court. So if you plan to sue, it is recommended that you first find the developer's hiding place.
Resolving disputes through litigation is statute of limitations (that is, from the date when your rights are infringed or you know that your rights have been infringed, after a certain period of time, the court will not accept your case, and the purpose of this provision is to urge the right holder to exercise his rights in a timely manner), specific to your situation, as a contract dispute, the statute of limitations is two years, calculated from the date of infringement of your rights, of course, if you have asked the other party for sand payment during these two years, then the two-year time will be recalculated.
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Go to court to sue, and the other party breaches the contract.
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You save the house ticket, the house price has risen again this year, you wait.
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The developer ran away with the money, and called the police...
The criminal court can sue him for fraud.
Be sure to pay attention to the statute of limitations! It seems like a year.
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Not a crime.
But since it is locked up, it must be related to the person who committed the crime.
Otherwise, it wouldn't have been closed for so long.
i.e. it's okay according to your words.
But, according to the behavior of the police, your friend should be in trouble.
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1. Your friend has sinned. Your friend's boss is suspected of producing and selling counterfeit and shoddy products, and your friend is a financial officer and is a joint offender with the boss, but your friend is not the main offender.
2. You must go through the trial of the court and accept the punishment before you can be released from prison. The exact number of years to be sentenced depends on the reasons for the procuratorate's prosecution and the court's verdict.
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A double penalty system is implemented for crimes committed by units. Article 140: Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or passes off a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 RMB, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention and/or a fine of not less than 50 percent but not more than two times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property. Article 149:Where the production or sale of products listed in Articles 141 to 148 of this section does not constitute a crime provided for in those articles, but the sales amount is 50,000 yuan or more, it is to be convicted and punished in accordance with the provisions of Article 140 of this section.
Where the production or sale of the products listed in Articles 141 to 148 of this section constitutes a crime provided for in each of those articles, and at the same time constitutes a crime provided for in Article 140 of this Section, it shall be convicted and punished in accordance with the provisions of the heavier punishment. Article 150: Where a unit commits the crimes provided for in articles 140 through 148 of this section, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of those articles. On June 18, 1999, the 1069th meeting of the Adjudication Committee of the Supreme People's Court adopted the "Interpretation on Issues Concerning the Specific Application of Law in the Trial of Cases of Crimes Committed by Units", which clearly pointed out:
'Companies, enterprises, and public institutions' as provided for in Article 30 of the Criminal Law includes both state-owned and collectively-owned companies, enterprises, and public institutions, as well as lawfully established joint ventures, cooperative enterprises, and sole proprietorship or private companies, enterprises, and public institutions with legal personality." According to this provision, as long as a private company, enterprise, or public institution has the status of a legal person, it can become the subject of a crime committed by a unit. Of course, the judicial interpretation cited above also stipulates:
Where a company, enterprise, or public institution established by an individual to carry out illegal or criminal activities commits a crime, or where a company, enterprise, or public institution has the commission of a crime as its main activity after its establishment, it is not to be punished as a unit crime. ”
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The person in charge of the finance department knew that it was illegal to produce counterfeit goods. If it is not a key person, find a way to "release on bail pending trial".
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It is already possible to report the case, but this is not a declaration of disappearance in the legal sense.
The Civil Code provides that under normal circumstances, i.e., not in the case of an accident or war, an interested person may apply for disappearance if his whereabouts have been unknown for two years. Your spouse, i.e. your mother, is the first in order.
In addition, if the marriage relationship has no surviving value, your mother can also take the initiative to apply for divorce in the people's court, which meets the conditions for acceptance by the people's court.
Article 108 of the Code of Civil Procedure: The following conditions must be met for a prosecution:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
Article 32 of the Marriage Law: If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Hope it helps.
The above is just a legal and technical problem, and the emotional problem has to be solved by the three of you yourself, or I hope that your family is happy and harmonious.
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Go to a lawyer and ask what is the use here.
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1. You can report the case.
2. The reason is disappearance.
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The police station reported the case.
He sent someone to look for it.
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If your father takes money from home and runs away, and calls ** in a few days to say that he wants to divorce your mother, this will not constitute a case, and even if the case is reported, the police station will not accept it.
This situation is a typical marital dispute, and your mother can sue your father in court with relevant evidence.
You can find out with your dad why he ran away and then decide what to do.
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1.Can grandma have full control over the property.
Your grandmother does not have full authority to dispose of the property unless all three of your grandfather's children have renounced their right to inherit your grandfather's estate.
2.Grandma said that writing a will to give me the house is not legally valid.
If your grandmother disposes of the property in a will without expressly renunciating the inheritance of her three children, then this disposition is a disposition without authority, and the effect of the disposition without authority is to be determined rather than invalid. Your grandmother's disposition is only effective when your grandmother acquires full ownership of the property after the fact, or when your grandfather's three children agree with your grandma's disposition.
Even if the disposition is valid, your grandmother cannot give you the house in the form of a will, because you are not the legal heir of your grandparents. The correct way to do this is to give it by bequest, but since your grandmother is still alive and intends to give you a house, it is better to give it as a gift.
3.Heard about inheritance tax? Is it okay in the form of a gift?
There is no inheritance tax for the time being, so it will be difficult to say in the future.
While your grandmother is alive, it is advisable to dispose of it in the form of a gift.
4.If I want to transfer the house, what do I need to do, can I transfer the house?
You need to persuade your father's siblings to give up the inheritance or negotiate a discount to take the house, and then ask your grandmother to transfer the house to your name by gift or sale.
The key is to get full ownership before you can transfer the ownership.
5.I am the only grandson in the family, and my father is the eldest son, so according to the custom on our side, it should be left to me.
A custom is a custom, and a law is a law. Legally, you have no right to inherit your grandparents' estate.
6.Some people asked me to sign an agreement with other relatives to compensate them in cash for giving up the property.
Personally, I also suggest that if your aunt is really unwilling to give up the inheritance, the best way for your father to take the house is to negotiate a settlement, compensate the house at a discount, and your aunt will let your aunt take the cash and your family will take the property.
7.Legally, grandsons don't have the right to inherit, right?
The first in line of succession in the inheritance law is the spouse, parents and children, and the second in line is the siblings, grandparents, and maternal grandparents. The grandson is not in the scope of the heirs, and of course the grandson is not there.
8.Also, my grandparents are taken care of by me and my father, shouldn't I have more share?
Heirs who have fulfilled the main obligation to support the deceased or who live together may divide the inheritance in the distribution of the inheritance, in accordance with article 13, paragraph 3 of the Inheritance Law.
Therefore, in this case, your father can share more, but you have no right to the inheritance. But after giving it to your father, it's actually the same for your family.
In this case, it is advisable to discuss with your aunt first, and if you are not willing to give up the inheritance, you should use the method of cash discount compensation to win the property, and then let your grandmother transfer it to you by gift or sale and must transfer the property to your name, so that you can get the property.
Hope it helps, good luck!
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Your grandmother doesn't have the right to handle the property alone, your dad, uncle and aunt have the right to inherit it, but you can also take into account the local customs.
You can sign an agreement to compensate them, which of course is legal.
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1。First of all, your grandma can't handle it all.
Although this property is written in your grandfather's name, your grandmother also has half of it, so first make sure that the property left by your grandfather for inheritance is half of the property.
The heirs in the first order of succession are parents, spouses, and children. Therefore, if your grandfather does not have a will, it should be inherited by your grandmother and her children, and everyone should divide it equally. Now it's four people, which means that your grandmother is a quarter of them.
So on the whole, your grandma only owns 1 2 + (1 2) * (1 4) = 5 8 parts of the house. She can only deal with these 5 8.
So she made a will and said that there was no legal basis for giving you the house, and she could only say that she would leave all the shares of this house 5 8 to you.
2。Even if your grandmother transfers the ownership to you, you still need to pay the deed tax.
At present, there is no inheritance tax in China, and if we talk about the deed tax on real estate, it is now stipulated that the inherited house does not have to pay the deed tax. However, gifts and other forms still have to be paid.
Therefore, if you don't want to pay the deed tax, you can only wait until your grandmother dies and inherit it through a will.
3。On the issue of inheritance.
While your father is still alive, you cannot directly inherit your grandmother's estate. But your grandmother can give you the inheritance in the form of a will. As long as it's within the scope of your grandmother's disposal, there's no problem.
4。Cash compensation.
This is reasonable and legitimate.
Civil law autonomy, as long as you have reached an agreement with several other parties, you can compensate them according to the share of the property and let them give up the property. But the point is that several other heirs need to agree to sign this agreement.
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1.Your grandmother doesn't have full control over the property.
2.Writing a will to give one's house to one person has the force of law3Your aunt has the right to inherit.
4.It is legal and valid to sign an agreement with other relatives to make them give up the property in the form of cash compensation.
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1. This act is a joint dangerous act, and if the actor has evidence to prove that it was not caused by his own act, he may not be liable, otherwise he shall bear joint and several liability, and it can be seen that the burden of proof should be borne by A, B, and C.
2. If A, B, and C can prove that their actions did not cause harm to Liu, they can be exempted from liability. Article 10 of the Tort Liability Law stipulates that "if two or more persons commit acts that endanger the personal and property safety of others, and one or more of them act in a manner that dismantles the damage caused to tens of millions of others, and the specific infringer can be determined, the infringer Fan Tong shall be liable; If the individual tortfeasor cannot be determined, the perpetrator shall bear joint and several liability".
3. If it cannot be ascertained, only A, B and C can jointly and severally be liable. Because A, B, and C jointly carried out a dangerous act, which caused actual harm to Liu and infringed on Liu's health, and it was impossible to find out who caused the injury, the three were responsible for their dangerous conduct.
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