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Then change the cause of action according to what the court said, the practice of courts in different places is different, you just submit the relevant supporting materials, that is, change the cause of action, it doesn't matter.
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There are many cases on it.
Posted: 2014-09-25 14:35
A teller at a bank in Jiang was careless, and when he handled the remittance to the customer, he dialed an extra 0, and paid 36,000 yuan to make up the account, not to mention, and the payee Miss Fang was still unwilling to return the money. The reporter learned from the Jiangsu High Court today that the Jurong Court sentenced Miss Fang to return the money for unjust enrichment.
One day in December 2013, Fan, a teller at a bank in Jurong, received a lady who was sending money and sent 4,000 yuan to Miss Fang's account in Zhenjiang City.
At the end of work, the bank began to count the funds, and Fan found that the imminent account could not be matched. Re-checked the day's receipts and found that when transferring money to Miss Zhenjiang Fang, he made a mistake and typed 4,000 yuan into 40,000 yuan. In accordance with the regulations of the unit, Fan paid out of his own pocket to make up the difference of 36,000 yuan and reconciled the accounts.
Fan then asked ** for help, and after contacting **, Miss Fang remitted 15,000 yuan to Fan's bank on the same day, promising to repay the balance later.
But this wait was more than a month, and Fan repeatedly urged Miss Fang to return 3,000 yuan. It was too difficult to ask for money in this way, so Fan took Miss Fang to court. The court found that Ms. Fang had unjust enrichment and that she had to pay back the money.
became a defendant, Miss Fang hurriedly returned another 10,000 yuan to Fan in court, and left 8,000 yuan and said later.
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Is the land that your family is contracted to operate occupied? Is there a requisition procedure?
Only a 70-year-old person at home? Could it be that there was no notice of consultation, and now it is really rare to openly occupy agricultural land without even a fig leaf.
It is recommended that you find a lawyer to prepare for the lawsuit, the lawsuit may not win, but you should be able to get more money.
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Hello, to the problem you described, the lawyer replied as follows:
Log in to the local judicial bureau or bar association** for inquiries, or contact directly**. Blessing!
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The crime of extortion refers to the use of threats or coercion against the victim to forcibly demand public or private property for the purpose of illegal possession. where this crime is committed, and the amount is relatively large, the sentence is up to three years imprisonment, short-term detention or controlled release; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given.
This crime is objectively manifested as the perpetrator's use of threats, coercion, intimidation, and other means to compel the victim to hand over property. In this case, Xiaohong's conduct has constituted a crime and the amount is huge. Calling the police should be the best option.
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Xiaohong did not commit a crime, and the result of notarization should be performed by both parties and have legal effect. Unless Tao proves that the notarization process is at fault.
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The only way to exercise the right of revocation is to use obvious unfairness, but it is more difficult to notarize it. It is advisable to ask a professional lawyer in the local area to read all the information and see if there is a more effective way.
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If you are injured, you will go to the forensic evaluation of the injury, which can be regarded as evidence of coercion. Then he went to court and told himself that he had given the share transfer contract under duress, and that his intention was not free, and he requested that the contract be revoked.
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It must be the crime of extortion to call the police and arrest her.
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1。Effective.
46. Where a citizen provides funds or goods in accordance with the agreement, and agrees to participate in the distribution of partnership surpluses, but does not participate in partnership operations or labor, or provides technical services without providing funds or goods, but agrees to participate in the distribution of surpluses, he shall be regarded as partners.
2.A, B, C, D.
53. If a partner fails to share or reasonably share the debts of the partnership when withdrawing from the partnership, the withdrawing partner shall be liable for the debts of the original partnership; If the withdrawing partner has already shared the partnership debts, he or she shall still be jointly and severally liable for all the debts during his participation in the partnership.
3.It is effective internally, but it is ineffective externally.
47. All partners shall be jointly and severally liable for the loss of the partnership; Internally, it shall be shared in accordance with the proportion of debt bearing or capital contribution agreed in the agreement; If the agreement does not stipulate the proportion of debts or capital contributions, it may be borne in accordance with the agreed or actual proportion of surplus distribution. However, the partner who is at fault for causing the loss of the partnership shall be liable according to the degree of his fault.
4.Partnership undertakes. Specifically, B, C, and D are responsible because A has withdrawn.
5. Article 42 Where a partner's own property is insufficient to pay off his debts unrelated to the partnership, the partner may use the proceeds he or she has received from the partnership to pay off; The creditor may also request the people's court to enforce the partner's share of the property in the partnership for repayment in accordance with the law.
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1. Valid, it is clearly stipulated that a partnership (different from a company) can contribute capital with labor services, and with the consent of both parties A and B, it is in line with the entry procedures.
2. It shall be borne by the partnership, and if it is specific to the person, A, B and C are partners at that time, and the partners are liable for their debts during the partnership period, and if there are other agreements, they can only be resolved internally. Therefore, A's withdrawal does not automatically lead to the loss of debts, but only the ability to recover from other parties after compensation. Ding Xin is responsible for the debts before the occupation in accordance with the law, so A, B, C and D are all liable for the loan.
3. Externally invalid, internally valid, A must bear the debt, but has the right to recover internally.
4. Borne by B and C. The partners are liable for the debts incurred during the partnership, and A has already withdrawn from the partnership at that time and is not liable.
5. No, ICBC and Bank of Communications are both ordinary creditor's rights, and both can enforce D's share of property in the partnership, but there is no special priority for ICBC to be repaid.
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The legitimacy shall be borne by the three parties after the change.
If the affiliation is changed, it has nothing to do with A.
It is borne by B, C and D, because B's departure is not agreed by the three parties and does not comply with legal norms, and it must be proved that its purchase of the car has been written in its capital contribution contract, and it cannot be proved, and there is no legal basis for claim.
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Dizzy, you're doing an exam question.
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It's February, you can hoard materials first, of course you can raise the price to the tenderer, in the construction of the main building materials ****, if it reaches a certain limit, resulting in the contract can not be performed, the law allows the two parties to negotiate to change the contract. The general fixed-price contract will make supplementary agreements on the material price difference, please see the specific agreement of your contract. If there is an agreement on the price difference of the material, then the owner can be required to pay the price difference.
If there is no clause on the price difference of materials, but the material ** range is very large (more than 10%), then it can only be handled by the court according to the principle of change of circumstances and obvious unfairness.
The Bidding Law stipulates that a written contract shall be signed within 30 days of winning the bid, and the Contract Law also stipulates that a written contract shall be signed for the construction project contract. These provisions should be understood as mandatory.
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It should be studied according to the tender announcement.
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This has been negotiated with them, the bid is an invitation, and the winning bid is to accept the invitation, so that the contract has been established, but if you have had substantive negotiations before and there is relevant evidence, you can claim that the winning bid is invalid and the contract can be revoked according to the bidding law.
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The key depends on how your bidding rules are set this time.
If there is no special agreement, you can make a **** request before the contract is signed. However, according to the regulations and business practices, if you propose ****, that is, the modification of the offer, the buyer has the right to re-examine, and you have to bear the risk of losing the contract.
The format of the written request for amendment** may be sent as a "Supplementary Explanation". or verbally communicate, after obtaining the approval of the other party, write according to the other party's requirements; Or don't write it, just implement it in the final contract.
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In your question, you violate the homestead policy of one household and one land, and the excess homestead** can be reclaimed unconditionally. Of course, it is another matter for their family to occupy it for themselves and not to violate the policy of one household and one land, which is to prove that your father's original approach was seriously wrong, and you can only bear the consequences. It is a very serious and rigorous matter, once it becomes a fact, it will be a member of the mother-in-law's family, and all future matters will be based on this family.
Whether or not your family has a homestead should be for your mother's family.
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First of all, we must figure out a question, that is, whose name is registered on the homestead now, if it is still your father's name, then the relocation house will undoubtedly be your father's, and it does not affect the fact that the house is occupied by your second uncle. If the house is already your second uncle's, you can also ask for the house according to the agreement signed between your father and your second uncle, which is your legitimate right, because the original contract was so agreed.
Then analyze the problem of one household and one house, China's rural homestead policy has the principle of one homestead per household, so what does the household here refer to, is it true that a family can only have one homestead? First, the household can be simply understood as the person on the household register, that is, the person on the household registration book can be collectively referred to as a household, which involves the question of whether your father's household registration has moved out of the original household registration, and then calculate the total number of homesteads. Second, there can only be one homestead, legally speaking, there can only be one, but in practice, the homestead can be transferred through the sale and purchase of ownership, so in practice, it is not uncommon for one person to own more than one homestead, so there is no need to worry too much about this provision, as long as there is an agreement of the year, there is a great chance to come back.
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The village committee's approach is correct, but you can file a lawsuit against your uncle as a defendant.
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1. The ownership belongs to the forest, and the loan contract is the right to dispose of the subject matter of the transfer.
2. No, you can't. What really determines the ownership of the bonus is Xia's verbal promise, which is the legal disposition of the parties' rights.
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If the contract does not stipulate that the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time. If the lessee fails to pay, the lessor may terminate the contract.
That is, if the other party wants to terminate the contract, it must first notify you of a reasonable period of time for paying the rent, and if it is terminated without proposing, it will not be supported by law.
It is recommended to apply for a work-related injury determination before you can do a work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level. If you are not familiar with it, it is advisable to seek the help of a lawyer. Or do it as follows: >>>More
If there is no criminal offense involved, then the police station should not punish it. Although the public security has the power to impose fines, for the counterfeiting of registered trademarks, the amount or degree cannot constitute a criminal offense, and it must be handed over to industry and commerce for handling. The law does not give the police the power to punish all violations of the law, especially the economic ones. >>>More
As you can see from the title, there is a common 2005x2006, so you can put forward 2005x2006, that is, 2005 2006 (10001-10001) 0 I hope it can help you to adopt.
Original content of the textbook:
Reason: At the end of the 15th century, the extensive development of the commodity economy and the continuous expansion of exchange in Western European countries made ** the most important means of payment in commodities**, and ** in Eastern countries became the dream of Western Europeans. >>>More
Add 2G to the memory, and the system will be replaced by a 64-bit one: