Consult on legal issues and rush for help!!!

Updated on society 2024-04-08
5 answers
  1. Anonymous users2024-02-07

    I don't know the relevant laws of Belarus, but in this case, according to the principle of personae, the Chinese court can definitely accept it, if the Belarusian court accepts it, if you want to forward the relevant litigation documents to the families of the parties, you must go through the embassy, as for help, you also seek help from the local patriotic overseas Chinese community or the embassy, it should be okay, if you are not familiar with the Belarusian law, you can ask the relevant personnel of the Chinese embassy to be your litigation **, You can also ask your boyfriend to sue the other party in a Chinese court, after all, they are the ones who hit people first. If you file a lawsuit in a Chinese court, you can choose to file a civil lawsuit or a civil lawsuit attached to a criminal lawsuit according to the circumstances, and the relevant law can only look at the foreign-related part of the criminal or civil lawsuit.

  2. Anonymous users2024-02-06

    Theoretically, both China and Belarus have jurisdiction. However, in practice, Chinese courts generally do not accept such minor civil cases that occur in foreign countries.

    The laws of Belarus are not the same as those of our country. According to Chinese law, this is just a simple civil dispute.

    Although the laws vary from country to country, there are laws for personal injury. There are similarities between countries in terms of the perception of evidence and the spirit of the law. As long as there are no serious consequences, the criminal law will not be violated.

    If you seek help from the embassy, you can call **, and you cannot enter the embassy without permission. You can also ask the teachers who know more about some of the systems in their country than you do.

    If you are still unsure, you can consult a local lawyer. You can also find out more about the civil and criminal laws of Belarus on the Internet.

    In addition, it is recommended that you move out and find another place to live.

  3. Anonymous users2024-02-05

    Let me come to your question, both of your questions should belong to the issue of creditor's rights preservation in the general theory of creditor's rights.

    The first question: A can exercise the creditor's right of avoidance to revoke the due claim that B has waived against C.

    The condition for the creditor to exercise the right of avoidance is that the debtor may exercise certain acts to the detriment of the interests of the creditor, and the creditor exercises the right of avoidance against the debtor by way of litigation.

    The right of revocation, by its nature, is a right of formation and is subject to a one-year exclusion period; The creditor's exercise of the right of revocation can only be exercised by way of litigation, and no other means are allowed. The specific exercise process is that the creditor (A) takes the debtor (B) as the defendant, and the court adds the third party (C) as the third party ex officio.

    The legal consequence is that the litigation costs shall be borne by the debtor (B), and if the third party is at fault, it shall be appropriately shared. After the creditor exercises the right of avoidance, the debtor's previous acts are null and void, but the creditor may not directly claim the claim against the third party on the basis of the right of avoidance, but still claim the claim against the debtor. Specifically, in this case, A cannot directly claim the claim against C, but still claims against B.

    Now comes to your second question: A can exercise the creditor's right of subrogation to D, and the position of the creditor in the subrogation here refers to the creditor's substitution of the debtor's position and the exercise of subrogation to the secondary debtor.

    The conditions for exercising the right of subrogation are: the creditor's claim against the debtor has reached the repayment period, and the debtor's claim against the secondary debtor has also expired, but the debtor is negligent in exercising its due claim against the secondary debtor and the creditor's claim against the debtor may be frustrated. In such a case, the creditor may exercise its right of subrogation by way of litigation.

    The nature of subrogation is a claim, subject to the statute of limitations. The creditor's exercise of subrogation can only be carried out by way of litigation, and no other means are allowed. When the creditor exercises the right of subrogation, the secondary debtor shall be the defendant, and the court shall add the debtor as a third party ex officio.

    The legal consequence is that the litigation costs shall be borne by the secondary debtor (D), and the maintenance costs shall be borne by the debtor (B). After creditor (A) exercises the right of subrogation, it can directly enforce the creditor's claim against the secondary debtor (D), but the creditor-debtor relationship between it and the debtor (B) is extinguished.

    PS: I am a graduate student in law school, and I hope the above can answer your doubts, hehe.

  4. Anonymous users2024-02-04

    In response to B's waiver of C's due claim, A may exercise the right of avoidance in the name of harming its due claim. With B as the defendant, he asked the court to revoke the revocation.

    A may exercise the right of subrogation against B's due claim against D. With Ding as the defendant, the people's court where Ding is located will be sued.

  5. Anonymous users2024-02-03

    1. A can exercise the creditor's right of revocation and sue the court to request that B give up its 1 million due claims against C.

    Condition: B's waiver of the due claim infringes on the realization of A's claim, and the process: B is the defendant and C is the third party.

    2. A can exercise the right of substitution, exercise the right on behalf of B, sue D, and demand repayment of 800,000 yuan.

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