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If it does not take effect, for the unit, the seal is a necessary condition for the contract to take effect, and the signature is not an inevitable requirement.
An enterprise legal person is a fictitious personality, and therefore, it has its own rights and capacity, and no individual can exercise it. The expression of its capacity for conduct and rights at the time of signing the contract is the official seal.
When you sign a contract with a natural person, as long as the other party signs it, it means that you have accepted the promise. When you sign a contract with a unit, organization, enterprise legal person, public institution legal person, or government legal person, the official seal represents the promise.
Moreover, the essence of the so-called sponsorship contract is a gift contract. In the gift contract, before the delivery of the movable property gift and before the registration and transfer of the immovable property gift, the donor has the right to revoke it at will.
Therefore, even if the contract is formed and takes effect, the enterprise, as the donor, can revoke the gift contract at any time before the delivery of the donated movable property (e.g., cash), and does not bear the liability for breach of contract.
If the contract is invalid ab initio after it is revoked, or if the contract is not formed at all in this case, it cannot be put into effect, and the other party (you) can only claim compensation for negligence in the contract, but not for breach of contract.
In accordance with the provisions of Article 42, Paragraph 3 of the Contract Law, you may require the other party to bear the fault of the contract. However, contractual negligence only compensates for direct costs incurred as a result of the conclusion of the contract.
Legal basis: Contract Law.
Article 42 In the process of concluding a contract, if a party causes losses to the other party under any of the following circumstances in the process of concluding a contract, it shall be liable for damages:
1) Conducting negotiations in bad faith under the pretext of concluding a contract;
2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;
3) Other conduct that violates the principle of good faith.
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It is not possible to give a general answer.
First of all, it is necessary to look at the names of Party A and Party B at the beginning of the contract. If the person who signs at the end is the legal representative or person in charge of the header name, the contract is valid. If the name of the tail signature or the signatory is not the legal representative or person in charge of the header name, the contract is a contract whose validity is pending or invalid.
Secondly, the premise for pursuing the other party's liability for breach of contract is that the contract is valid and effective.
You should first see which of the above belongs to me, and then consider the following questions!
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The general law on the principle of validity of civil contracts is "it is better to make them valid than invalid", and in the case of invalidity, the law limits the scope of such contracts as much as possible, expanding the scope of contracts whose validity is pending and can be revoked.
Your contract stipulates that it shall come into force after signing and sealing. Since the other party has signed, it will take effect, and the absence of a seal will not affect the validity of the contract. You can see if the person who signed is the legal representative of the company, and if so, even if it is not stamped, then his signature represents the company.
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The contract is in effect, mainly depends on who the contract is in effect, generally speaking, it can be deduced that it is a contract with the enterprise, but due to the uncertainty of the situation, you had better send the position of the signatory and the contract to see, otherwise there is no way to determine.
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Summary. Hello, I am Mr. Wang Ninggang, a cooperative lawyer of Legalis, and I am happy to serve you.
Hello, I am Mr. Wang Ninggang, a cooperative lawyer of Legalis, and I am happy to serve you.
Hello. What legal issues do you say.
There is a lady who wants to go out to work with her lover to eat and live together in an empty base, and the lady's husband goes to court to sue the lady's lover.
On what grounds did he sue?
The lady's husband said that he had taken him out.
Ordinary courts do not accept it.
No infringement was caused.
Well. The lady was willing to give her lover out.
Then his husband went to court and had no reason to sue his wife's lover.
The lady and her husband are at odds.
Uh-huh. The lady is not breaking the law but is immoral.
We have been separated for two years.
It is possible to sue for divorce.
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Criminal liability refers to the object protected by the criminal law that is violated, and bears corresponding responsibility in accordance with the criminal law in accordance with the trial procedures of the Criminal Procedure Law, after being prosecuted by the public prosecution organ or by the private prosecutor. Civil liability refers to the liability that infringes on the object protected by the civil law and causes harm to the person or property of the equal subject, and in accordance with the trial procedures of the Civil Procedure Law, after the victim files a lawsuit, and after mediation or judgment is carried out in accordance with the law.
From the perspective of substantive law, criminal liability violates the object protected by the criminal law, and the responsibility that should be borne for causing greater damage to social stability, state property, and citizens' persons and property is of a statutory nature, that is, it is not a crime unless the law is expressly written, and no punishment is not punished unless the law is expressly written. Civil liability infringes on the object protected by the civil law, mainly for the infringement of the person or property between equal subjects, and there is statutory and intentional autonomy, such as contracts.
In terms of procedural law, there is a big difference, and it is different according to the provisions of the Criminal Procedure Law and the Civil Procedure Law.
In short, one bears criminal penalties and the other bears civil penalties, the former is heavier, including the death penalty, life imprisonment, fixed-term imprisonment, public surveillance, criminal detention, fines, deprivation of political rights, and deportation (for foreigners). The latter is lighter and includes compensation, restitution, formal apologies, etc.
2. Violations include a lot, such as violating administrative regulations, civil law, etc., and crime refers to a violation of the criminal law and is called a crime if it is subject to more serious punishment. Generally speaking, a crime is definitely a crime, but breaking the law is not necessarily a crime. The Criminal Law has such a provision on crimes, if the circumstances are obviously minor and the harm is not great, it is not considered a crime, but it is not considered a crime, and if damage is caused to the property of others, the civil law is applied, and civil liability is still borne, that is, although this kind of behavior is not considered a crime, it is still illegal.
I don't know exactly what the guest is, can you explain?
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The nature of criminal offences is very different from that of civil offences, and the severity of the penalties varies considerably. However, in real life, there is a fine line between civil offenses and criminal offenses. For example, if the crime of intentional injury causes the victim to be slightly injured, it is a civil violation, and if the victim is slightly injured, it constitutes a criminal offense, although it constitutes a crime, it is a case of private prosecution by the victim, and the law does not pursue criminal liability if the private prosecutor does not prosecute, and when the civil part reaches a payment mediation after the prosecution, the private prosecutor does not bear criminal responsibility after withdrawing the lawsuit.
However, if serious injury is caused to the victim, it is a public prosecution, and the people's procuratorate will prosecute on behalf of the state, and the people's court will sentence him to imprisonment for up to three years. How much difference can there be between the boundaries of civil liability and criminal offense for the injury caused by one of the above acts? In cases similar to those handled only after a complaint, as well as other private prosecution cases, the distinction between criminal and civil cases is sometimes different in the degree of violation.
I don't know what you mean by the customer.
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1. It will be unclear for a while, but to put it simply, the violation of the "Criminal Law of the People's Republic of China" is a criminal case, and the consequences are controlled release, criminal detention, fixed-term imprisonment, life imprisonment, and death.
Disputes between equal subjects are brought to court as civil cases and will not be sentenced.
2. Violation of the law is illegal. Offences punishable by violation of criminal law are crimes.
3. Refusal is generally not illegal, but may be punished. It depends.
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If it is in the case that you hit someone first, the other party is in reasonable defense. If the other party attacks you, and after judicial forensic evaluation, if the injury is sufficient, criminal proceedings and civil compensation can be carried out against the other party, but it should be noted that in order to carry out criminal proceedings, it is necessary to report the case and public security personnel and materials.
Hospital injury reports can be used as evidence in civil proceedings, but they are not as effective as forensic examinations.
The time for handling the case is too long, and there is a time limit, and the public security stage involves two periods, one is the detention time, which is one month; The second is the time after arrest, which is generally two months (it can be extended with the approval of the higher authorities). There is also a procuratorate that examines and approves the arrest, and the maximum time is not more than 7 days. In addition, it is stipulated that new criminal facts are discovered, and the time limit is recalculated.
Note] Criminal litigation refers to the litigation activities of the adjudication organs, procuratorial organs, and investigative organs, with the participation of the parties and participants in the litigation, to resolve the issue of the criminal responsibility of the person being prosecuted in accordance with legal procedures.
Criminal proceedings mainly consist of five stages: case filing, investigation, prosecution, trial and execution. Complete Book of Criminal Procedure.
1.Case filing refers to litigation activities in which public security organs, people's procuratorates, and people's courts review materials such as case reports, accusations, reports, and the voluntary surrender of offenders, determine whether there are criminal facts and need to be pursued for criminal responsibility, and decide whether to transfer them for investigation or trial as criminal cases in accordance with law; 2.Investigation refers to the special investigation work and related compulsory measures taken by specific judicial organs in accordance with the law for the purpose of collecting, ascertaining, and confirming crimes and seizing offenders; 3.
There are two types of prosecutions, including public prosecution and private prosecution; 4.Trial refers to litigation activities in which the people's courts, with the participation of the prosecution and defense and other litigation participants, conduct trials and adjudication of criminal cases in accordance with the lawfully prescribed authority and procedures for which litigation claims have been submitted to them; 5.Enforcement refers to the activities carried out by criminal enforcement organs in order to implement the contents determined by judgments and rulings that have already taken legal effect, and in China, the main subjects of criminal enforcement are the people's courts, public security organs, prisons, etc.
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1. What kind of injury is the other party injuring my two teeth Minor injuries 2. Can the other party be prosecuted civil or criminal 3. Can the hospital injury report replace the forensic examination No. 4. There is too long to handle the case Is there a time limit You can directly file a civil lawsuit, and there is a time limit for replying.
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The injury examination report is not a substitute for a forensic examination, and only when a forensic examination is made and the evaluation report is read can we know what harm is constituted, and both criminal and civil cases can be pursued together (but the standards for filing criminal cases must be met)9
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Civil,,No,,There is time,
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1.The postal service will file a civil lawsuit with the people's court to apply for compulsory enforcement.
2.Legally, the guarantor bears the responsibility of the lender to repay the loan of 30,000 yuan.
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**Will intervene in the investigation and pursue the lender.
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really want to start a family and consider the problem from the other party's point of view. There will be no problem.
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Uh....Hello landlord! I'm a freshman student at a university in Changsha, I shouldn't be able to stand this big brother, what I want to say is that my girlfriend also has the same scoliosis as you, so I still sympathize with you, in fact, this is what I only knew after chasing her, but this does not affect my relationship with her, although this is a major operation, but I suggest that you still do it after finding a partner, I don't want you to cheat on him, because as long as he truly loves you, he won't care if you have physical defects, to be honest, This should have no effect on love (personal opinion only).