Legal Masters Seek to be proficient in law

Updated on society 2024-04-04
12 answers
  1. Anonymous users2024-02-07

    The statute of limitations is two years and the statute of limitations for protection is 20 years.

    The two-year statute of limitations begins when the creditor knows or should know that the creditor's right may be infringed; The 20-year statute of limitations is calculated from the time when the IOU is issued, and the 20-year protection refers to the situation when the creditor does not know or should not know that the creditor's right may be infringed.

    For example, if you specify the repayment date on the IOU, then the two-year statute of limitations is calculated from the date of repayment, and if you do not sue or interrupt the statute of limitations after two years, your claim will become a natural claim and will not be protected by the court or other public authorities. This is because, after the repayment date, the creditor knows or should know that his claim can be exercised, but if the creditor does not exercise it for two years, it will lose the protection of the public authority.

    You can sue, but if the debtor argues that your IOU is time-barred, the court will rule against you.

    In legal theory, it is called loss of the right to prevail. Natural debts can only be remedied by private means, and public remedies (e.g., courts, administrative agencies) cannot be obtained.

    If your IOU does not have a repayment date, then the limitation period for your IOU is 20 years, because without a repayment date, it is not certain when your rights have been violated or can be exercised. Then, you can ask the other party to repay the loan at any time within 20 years, and you will not lose the right to public remedy.

    However, when you ask the other party to repay the loan, the two-year statute of limitations begins to run, if you ask the other party to repay the loan, and the other party does not repay the loan within 2 years, and you have not sued, then you also lose the right to win the lawsuit (i.e., the right to public relief). At this point, there is no so-called 20-year statute of limitations.

    Therefore, if you are a creditor and the 2-year limitation period after the repayment date is approaching and the other party is unable to repay, you must ask the other party to make a new IOU to recalculate the statute of limitations. If the other party does not fight, you must file a lawsuit to interrupt the statute of limitations, or find two disinterested persons (in layman's terms: not relatives and friends) as witnesses to prove that you have asked him for money within the statute of limitations, if the court agrees, then asking for money is also a way to interrupt the statute of limitations, and the statute of limitations starts again for two years from the moment of interruption.

    Another way is to simply don't write the repayment date on the IOU, you want it at any time, and if he doesn't pay it back, he can't prove that you want to pass, then your protection period is 20 years. If he proves that you have passed, then your statute of limitations is 2 years from the day you ask the debtor for money. However, it is generally difficult to prove, so the best IOU is one that does not specify a repayment date.

    This way you can ask for money at any time, the other party must pay back the money at any time, and of course, you must give the debtor a reasonable amount of time to raise funds.

  2. Anonymous users2024-02-06

    It is determined by repayment time of mention of IOU or IOU for two years.

  3. Anonymous users2024-02-05

    Whether or not the contract is terminated or not is not necessarily related to the effect, you have to apply for termination before February 10 or after February 10, you can answer the high, but you have to pay attention to you have to put forward credible reasons for termination, otherwise you will have to bear the corresponding responsibility.

  4. Anonymous users2024-02-04

    It depends on the effective time agreed in the contract. However, even if the contract is in effect, the contract can be terminated, but if there is a fault, you will be liable for damages.

  5. Anonymous users2024-02-03

    First of all, the acceptance of the bill and your buying and selling transactions are two separate acts. Even if your transaction fails, it will not affect the amount on your acceptance bill.

    Secondly, you take this bill to the bank, and the bank pays it at sight; Unless the bill of exchange has been declared by the court, the bank will directly rebate the bill of exchange and give you a declaration right issued by the court for you to go to the court to declare.

    In addition, the bill is independent, and no conditions can be attached to the endorsement content on the back, and it is invalid if it is attached. So, I don't think the proof you mentioned is not needed if it is attached to the bill.

    Finally, according to what you described, you want a proof that you are not at ease with the acceptance of the bill to the bank or the payment behavior of the other party. You can ask the other party to issue a "bill, once it cannot be accepted, immediately enable other payment methods (including but not limited to bank transfer, cash payment, etc.)." A letter of undertaking or guarantee.

  6. Anonymous users2024-02-02

    Yao wants.

    Is it to write a refund certificate or what?

  7. Anonymous users2024-02-01

    It cannot be considered as theft, the theft is secretly obtained, the discarded secret information should be recognized as discarded, and Company B obtained it from the trash can should be deemed to have found the secret information. Due to the employee's carelessness and failure to fulfill the necessary duty of keeping the confidential information, Company B shall be liable for compensation for the losses caused to Company A by obtaining the confidential information, and at the same time, Company B shall stop using the confidential information, otherwise it shall also bear certain liability.

    Secret information should be properly kept, even if it is not used after it should be destroyed, you have not fulfilled the obligation of proper keeping, you should bear the responsibility, as for the size of the responsibility depends on the actual loss of the company!

  8. Anonymous users2024-01-31

    According to the provisions of the law, stealing is to obtain other people's confidential information by improper means, and the materials are found by accident, and if you complain, you can only think that the employee is not responsible, it is a dereliction of duty, and the employee should be held responsible.

  9. Anonymous users2024-01-30

    Of course, it is considered that the company subjectively had the intention to steal trade secrets and objectively committed the act of stealing, but the act of stealing was made simpler because of the behavior of the employees of Company A, but this does not negate the theft of the employees of Company B.

  10. Anonymous users2024-01-29

    Fraud, infringement, fraud.

    It involves civil and criminal offenses, as well as economic offences if economic benefits are sought.

  11. Anonymous users2024-01-28

    If you benefit from this, you will face a civil lawsuit for portrait rights.

  12. Anonymous users2024-01-27

    I'm not a master, but I don't think it's anything, no punishment.

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The above is really comprehensive!