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1) Is the arbitration clause in the contract valid? Why? A:
Effective. Because this is mentioned in the development contract, if the development contract is valid, this clause is valid. (2) Is the arbitration agreement signed after the dispute arises valid?
A: Valid. The arbitration agreement is signed by mutual agreement of the parties.
3) Is it legal for Party B to file a lawsuit in court? A: Arbitration Law of the People's Republic of China, Article 5:
If the parties reach an arbitration agreement and one party files a lawsuit with the people's court, the people's court shall not accept it, unless the arbitration agreement is invalid. (4) Does the court to which the suit is filed have jurisdiction to hear the case? A:
Arbitration Law of the People's Republic of China, Article 26 Where the parties reach an arbitration agreement, and one party files a lawsuit with the people's court without declaring that there is an arbitration agreement, and the other party submits the arbitration agreement before the first time after the people's court accepts it, the people's court shall reject the lawsuit, except where the arbitration agreement is invalid; If the other party does not raise an objection to the people's court's acceptance of the case before the first time, it shall be deemed to have waived the arbitration agreement, and the people's court shall continue the trial. (5) Is the defendant's grounds of appeal sustained? A:
Refer to the Arbitration Law of the People's Republic of China, Article 26. If everything you said above is true, then the judgment of the first instance is valid. Congratulations.
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1. Invalid, because there is no explicit agreement on the arbitration institution 2, valid, in line with the requirements of a valid arbitration agreement 3, legal, you can choose to sue the court 4, have the right 5, not established. If the other party does not raise an objection to the people's court's acceptance of the case before the first time, it shall be deemed to have waived the arbitration agreement. The arbitration agreement shall be invalid at the same time as Party A submits the reply.
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There is a difference between a deposit and a deposit.
Article 115 of the Contract Law stipulates that if the party paying the deposit fails to perform the agreed debt, it shall not have the right to demand the return of the deposit. If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
Article 62 of the Contract Law stipulates that if the performance period is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, provided that the other party shall be given the necessary time to prepare.
You didn't have an appointment. It is difficult to confirm the necessary preparation time for this counterparty.
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Since the fee you pay in advance is not a deposit but a deposit, you are not entitled to a double return, and the other party is in complete breach of contract, and you can ask the other party to bear the breach of contract or withdraw the contract and compensate you for your losses.
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If you don't have a deadline in your contract, it's hard for you to enforce your rights.
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Is there an agreed repayment period?
If so, the statute of limitations may have passed!
Even if there is no agreed repayment period, if there is really 20 years, it is possible to not repay until now.
Article 137 of the General Principles of the Civil Law of the People's Republic of China stipulates that "the people's court shall not protect the rights for more than 20 years from the date of infringement of rights". According to this provision, the longest statute of limitations is calculated from the date on which the right is infringed, and the right holder does not know that his right has been infringed, and the maximum statute of limitations is 20 years, and the people's court will not protect it if it exceeds 20 years. The statute of limitations is mandatory, and any statute of limitations is mandated by laws and regulations, and any unit or individual has an agreement on the extension, shortening, or waiver of the statute of limitations.
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If you are 15 years old, you will not be held criminally liable for minor injuries. This can be assured.
However, they should bear the corresponding civil liability, and the civil liability is mainly medical expenses. The specific amount also depends on the local standard of living, which varies from place to place.
Although you didn't act at the time, but first of all, there is no evidence to prove it, and secondly, you also went with it at the time, and there is no problem for him to ask you to bear civil liability, and you will learn a lesson in the future, even if you can't help the police with righteousness and courage, don't get involved.
For the infringement, the other party can require the three of you to bear joint and several liability, that is, you can claim the full amount from any one person, and then that person can recover from the rest of the people. If the man can't be found anymore, in fact, it can only be borne by you and the woman.
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However, the $10,000 you paid can be refunded. 2.Did the court send you a summons or an indictment?
You are the defendant, but not yet a person with full civil capacity, and the plaintiff has to make your parents (guardians) the defendant in order to **. Otherwise, you may not accept a subpoena from the court. The court may rule to dismiss the claim.
3.Even if the lawsuit is effective, if the above conditions for filing a lawsuit are met, then the medical expenses and other expenses of the injury must be compensated. The specific amount of compensation depends on the income of the corresponding industry in your local area in the previous year, and the compensation for disability level 10:
Income from the previous year * 20 years divided by 10 levels. But it also has to be compensated by three people. In addition, judges in local courts have the discretion to adjudicate similar cases in their local jurisdiction4
This is a civil litigation case, and it depends on how the plaintiff's claim in the complaint is requested. I can't answer the answer in detail, please forgive me.
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Article 38 of the Tort Liability Law: Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear responsibility, but if it can be proved that it has fulfilled its educational or management duties, it shall not be liable for the order.
The meaning of this article is that if a person without civil capacity is injured in a kindergarten, the kindergarten will be liable only if the kindergarten is at fault and fails to fulfill its educational and management duties. The kindergarten is not at fault, and it will not be liable if it fulfills its responsibilities. However, whether the kindergarten is at fault or not, the kindergarten shall provide evidence (the burden of proof is reversed, and the risk of losing the lawsuit increases).
According to what you said, the teacher was at fault in this case, and the kindergarten should be held responsible. The fault of the teacher is an act of duty, so the teacher is not liable, and the kindergarten is liable. The kindergarten bears the presumption of fault liability under the principle of fault liability in tort liability.
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Although the child's injury is an accident, the teacher on duty is mainly responsible for failing to fulfill his responsibilities in the duty room, and the child is actually injured in the kindergarten, and the kindergarten has an unshirkable responsibility.
The kindergarten is still responsible for the legal responsibility, and the kindergarten needs to bear civil liability for compensation for the resulting medical, maintenance and other expenses.
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The kindergarten is responsible, but the kindergarten can recover from the teacher.
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The teacher is mainly responsible for this matter, and the kindergarten is jointly and severally liable, and the responsibility to be borne is to be responsible for compensating for the corresponding expenses such as medical expenses.
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Kindergartens should bear legal responsibility and should bear part of the responsibility.
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Of course, it is the school that takes responsibility, and how the specific school holds the teacher accountable is their internal matter, and it is the school that sues.
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"Paid a deposit of 100".
A deposit is a certain amount of money or a substitute paid before a contract is concluded or performedA form of security as a guarantee.
1. In principle, the amount of the deposit shall be agreed upon by the parties, but the Guarantee Law limits the maximum amount, that is, it cannot exceed 20% of the amount of the subject matter of the main contract. The judicial interpretation stipulates that if the amount of the deposit agreed upon by the parties exceeds 20% of the amount of the subject matter of the main contract, the people's court shall not support the excess. The intention is clearly to limit the payment of excessively large deposits and to limit the penalty for deposits to a certain limit.
2. Article 119 of the judicial interpretation stipulates that if the actual amount of deposit paid is more or less than the agreed amount, it shall be deemed to have changed the deposit contract; If the party receiving the deposit raises an objection and refuses to accept the deposit, the deposit contract shall not take effect. This provision states that the deposit contract is a practice contract, and the deposit contract is only formed after the deposit is delivered to the other party for acceptance.
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If you don't have a certificate, you don't need to go to the civil affairs department to go through the divorce procedures, but you have to negotiate well on property issues, child support, etc., and if you don't negotiate well, you have to go to the court to litigate. Because there is a de facto marriage, the court will also accept it.
1.You don't live together"De facto marriage".Since 94 years onwards, this concept has been abolished in our country.
2.During the period of cohabitation, in principle, half of the property shall be divided among one person. Unless one party can prove that the property belongs to one of the parties.
3.If there is a child, it depends on how old the child is, and if the child is not very old, the mother should raise it, and the man will pay child support. Of course, you can negotiate on the issue of child support, and if the negotiation fails, you can sue the court and the court will make a judgment.
Pursuant to Judicial Interpretation 2 of the Marriage Law
Article 1: Where parties initiate litigation over the division of property or disputes over child support during the period of cohabitation, the people's courts shall accept it.
Judicial Interpretation of the Marriage Law 1:
Article 5 (1) Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, where both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage;
2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.
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There is no legal validity without a marriage certificate, and there is no such thing as divorce, which is called illegal cohabitation.
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Do you want to be okay with him forever, or do you want to break up with him?
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Hello, I provide the following legal advice in light of your situation:
1. In legal practice, this case is not considered to be justified defense, and your behavior constitutes an intentional act, but according to the standard for the identification of minor injuries, the injuries caused by your actions belong to the level of minor injuries.
2. According to the provisions of the Criminal Procedure Law of China, minor injuries fall within the scope of statutory non-criminal liability, that is, you do not need to bear criminal responsibility. However, they may be punished by public security, i.e. fines or administrative detention for up to 15 days.
3. The issue of civil compensation may be resolved through negotiation between the two parties, or the other party may file a private prosecution in the people's court.
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The opinion of the medical examination is whether it constitutes a minor injury, and if it is, it may be suspected of a crime and may be detained. However, in general, minor injuries are not actually punished. Discuss the matter of compensation with the other party.
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It is your right to choose who will help you build the house. It is also your right to choose who you want to rent your house to.
The requirement to build a house requires more money to help build it, which is already a violation of the contract. You can terminate the contract and ask someone else to build it for you.
The car washer also has no right to interfere with your right to dispose of your own home, but you want to minimize the impact of painting the façade on the car washer.
You can first terminate the contract with these two companies according to the contract and give the other party appropriate compensation.
Then dispose of the house as you wish.
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According to the contract. If the contract does not stipulate the matter to be repaired, the negotiation shall be conducted, and if the negotiation fails, the lawsuit shall be filed in accordance with law.
You can sue for this issue in accordance with the law, and if the car wash owner claims that your repair of the building will affect his business, he must provide evidence, otherwise the court will not support it. You can legally terminate the contract or continue to repair the building.
Regarding the issue of the decoration master, it can be determined according to the decoration contract between you, and if the negotiation fails, it is the same, sue.
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I'm studying law and want to help. First, if the party who helped your family build the house does not build the house on time, then it is a breach of contract, you have the right to terminate the contract and can ask them to compensate for the loss, and then you can of course ask someone to build the house, and it is unreasonable for him not to let you hire another person to build the house. Second, does the rental car washer and the rental contract you signed agree on the lease period?
If there is no agreed lease period, then you can terminate the contract at any time without liability; If you agree on the lease term, then you cannot terminate the contract, otherwise you will be in breach of contract and will be liable for compensation. But even if he washes the car below, you have the right to borrow the aisle on the first floor to move materials upstairs, which is called a neighboring right in property law, and he has no right to prevent you from enjoying this right. Of course, if you want to occupy a large passage on the first floor, you have to compensate him a little.
I really can't wait for the lease to expire and wait for him to move out before building. Third, the fact that your family's documents for building a house have not yet been approved does not affect your family's ownership of the house, because according to the Property Law, the farmer's house does not need to be approved and registered, as long as it is filed with the county. Hope it helps.
Generally, a notice will be sent to you, if it is not a self-investigation case, the public security organ is an investigative agency, and will issue a prosecution opinion to you after entering the review and prosecution stage.
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