Guest sick legal disputes Please help refer to Ha

The third paragraph of Article 106 of the General Principles of the Civil Law of China stipulates: "Where there is no fault, but the law stipulates that civil liability shall be borne, civil liability shall be borne." ”

In this case, it cannot be said that you are at fault, but according to the principle of no-fault and the principle of fairness in civil law, I personally believe that the court should order you to give the other party appropriate compensation.

It's like throwing an object from a high altitude, maybe other people in your residential building throw something and hurt someone, but if the person sues and can't find the person who threw the object, the court can rule that the entire residential building has the obligation to pay compensation, in this case you can also say that you didn't lose it, but for the sake of fairness, you can do so when applying the law.

Of course, the final verdict depends on the judge's intentions.

You have to pay attention to a problem, it's not that if you go to court to sue, it must mean that you are wrong about this matter What is the cause of the guest's illness has not yet been concluded, if it is caused by the purchase of alcohol, there is no causal relationship with you, and you do not have to bear any responsibility.

If you are mentally ill, it has nothing to do with you.

So you don't have to panic about this problem, find a lawyer, you go to court, and you don't have to worry about the rest.

You should not be responsible for this matter, because the other party is sick and has nothing to do with you. The fact that no damage has been caused certainly does not mean that there is no liability.

What you want to ask is the manifest unfairness question. A contract that is obviously unfair refers to a contract in which one party takes advantage of its advantage or the other party's lack of experience to cause the rights and obligations of both parties to clearly violate the principle of fairness and equivalent compensation at the time of entering into the contract. Obviously unfair contracts are often the rights and obligations of the parties are extremely unequal, and the economic interests are unbalanced, thus violating the principle of fairness and reasonableness.

As you said, employees buy items like printers, and they all range from a few thousand yuan. The market you are talking about is relative, not what the market price is, and those who sell this thing must take this as the standard and are not allowed to exceed the market price. When the employee buys it, he pays 200 yuan more than the market price, and I think that the benefit obtained by the ** party does not exceed the limit allowed by the law.

If the difference is more than 1,000 yuan, the employee can ask for a refund or make up the difference with other goods.

Hello, I am a lawyer in Jinan, and I think: I have no right to ask for a refund, ** 200 higher than the market, and it does not violate the law. As long as there is no problem with the quality of the product and there is no fraud, the other party has no right to ask for a refund of 200 yuan. Don't worry, it's fine.

Embassies have diplomatic immunity, are protected by the Geneva Conventions, and are not subject to local jurisdiction, as mentioned upstairs, to the jurisdiction of the court where you are located. The other party can only resolve the request through the embassy through his legal means.

The embassy is not the subject of a legal lawsuit, and if the other party wants to sue, it should first look at whether there is an agreement in the contract between the two parties, and if there is no agreement, the court where you are domiciled has jurisdiction.

Guests can only sue you, not the embassy.

If you have a lawsuit, you can find an experienced lawyer.

Click on "Shanghai Little Lawyer" (user profile) to have contact information.

It is impossible for the embassy to be a party to the lawsuit, rest assured, your behavior is a personal act, not an official act made on behalf of the embassy, it is a personal "contract contract" in a civil act, since it is a contract of contract, as long as what you complete is made in accordance with the requirements stipulated in the contract, then you can't do it, if you don't comply with the contract, then you are likely to face the consequences of losing the lawsuit.

Because your actions are not official acts, you cannot have immunity from jurisdiction even if you are a "diplomat".

In short, the non-civil commercial acts of the embassy and its personnel (who must be at the level of diplomats) are not subject to the jurisdiction of foreign courts, and they enjoy jurisdictional immunity and judicial immunity, and the embassy has no obligation to respond to litigation.

1. According to the current laws and regulations, the new legal representative shall be fully legally responsible for the disputes arising from the existing enterprise;

2. The current legal representative shall also bear full legal responsibility for the disputes that occurred in the past of the enterprise, because the current legal person is responsible for the company and bears the company's past or present responsibilities on behalf of the company;

3. If it is the liability caused by the personal fault of the original company legal person (it does not represent the company at that time, but can only represent his own behavior), then the new legal person can pursue the responsibility of the original legal person in the name of the company;

4. Since your enterprise is a partnership (I don't know whether it is a general partnership or a limited partnership), whether it is a new legal person or an old legal person, the general partner shall bear unlimited joint and several liability for the liability borne by the company, and the limited partner shall bear limited liability within the limit of its subscribed capital contribution.

Of course you don't need to, because your legal person has changed, then the old legal person has nothing to do with the company, and it has made up any shares, so you don't need to pay any responsibility.

First go to the labor bureau where the unit is located to apply for a work-related injury! Do a disability assessment again!

The difficulty of your question is:"Whether there is a causal relationship between the business trip and your father's illness "This must be determined by a professional organization under the auspices of the Labor Bureau!" Of course, you also have to prepare other documents to determine that your father has an employment relationship with the company! The existence of labor relations is a prerequisite!

This situation is very difficult to judge, should be a qualified hospital or a relevant appraisal agency, your father's illness should be identified, whether it is caused by being sent on a business trip, if it is related, it must be your father's company can not get out of the relationship, can be identified as a work injury, but if it is determined that your father's illness is not related to work but caused by his own factors, then it is difficult to identify as a work injury. This needs to be identified by a professional body.

Working hours during the business trip are covered by the employee's insurance and should not be non-working hours.

Take your father's employment contract and business trip certificate to the place where the contract was signed, and the labor inspection department will complain and ask the company to pay for his medical and other related expenses. The state stipulates that companies should pay five insurances for employees, and if they fail to pay, of course, the labor inspection department will intervene and require them to pay for medical expenses.

If you are registered, you can say that you can rest assured, let him sue now, at least cancel the registration first.

It depends on the projects operated by the two, if they are not similar, there is no need to compensate.

1. The whole marriage law does not stipulate that you cannot get a divorce if you are sick, so you can sue for divorce, and the general court will mediate, and if the mediation fails, you will sue for divorce and designate a divorce. (If there is a mental illness or other illness that affects the sexual life, resulting in the inability to fulfill the obligations of the husband and wife, there is no need to negotiate and mediate).

The judgment shall be carried out in accordance with the procedure and shall not be affected. However, the division of property can be divided into more.

Generally, they will not agree, and it is against public order and good customs to abandon it when they are sick.

In accordance with the law of contract:

1. With the consent of the lessor, the lessee may improve or add other things to the leased property. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for losses.

The income obtained from the possession and use of the leased property during the lease period shall belong to the lessee.

2. The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses.

If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

3. If the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected. If the lessor sells the leased premises, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase the property under the same conditions.

There are five people in this case, the landlord (lessor), the tenant, the sub-tenant (i.e., the person who transferred it to you), the sub-tenant (you), and the new landlord. Each sublease shall be subject to the consent of the landlord himself, that is, when the tenant subleases the premises to the subtenant, if the landlord does not agree, the landlord can terminate the contract with the tenant, and the subtenant can only require the tenant to bear the liability for breach of contract; The sub-tenant also needs to obtain the landlord's consent when transferring to you, and if you do not agree, you can hold the sub-tenant liable for breach of contract.

Now it seems that the sublease landlord agrees to each sub-tenant in the middle, so the sublease contract between you and the sub-tenant is not affected by the landlord's sale of the property, and you can still continue to rent, and at the same time have the right of first refusal to buy the property sold under the same conditions. If the new landlord is unwilling to rent and the landlord refuses to accept it, then you can ask the sub-tenant to bear the liability for breach of contract and return the rent, transfer fee, etc.

I've thought of so much for the time being, I hope it will be useful to you.

Even if the landlord sells the property, the law still guarantees you the right to the lease for the duration of the lease. As for the fact that there is no lease period on your sublease agreement, this can be calculated and reasoned according to the principle of good faith, which is not a problem. As for the continuation of the lease after the lease period, you have to negotiate with the new landlord, and the two parties agree to continue the lease, and if he does not agree, you can appropriately ask the new landlord for compensation according to the value of your renovation.

These laws are all regulated.

It's only your fault, you can only bear such disputes. Don't look at it when you sign the contract, you are still decorating, and if the decoration fee clause is not specified in the contract, it will be no fun. You will be given a maximum of 2,000 yuan in liquidated damages.

Sign a contract with the previous landlord, and even if you sell it, the contract is valid