Is there a legal basis for this? What does the legal basis mean?

Updated on society 2024-05-11
10 answers
  1. Anonymous users2024-02-10

    Conclusion: Hello! You don't have to worry about this situation at all, you are just signing a contract with the customer on behalf of the company, and the valid official seal you affix is the legal person seal, and your company is the real party to the contract, even if you have the responsibility, the company should bear it, which is one of them.

    Second, your company is only an intermediary company, providing intermediary services, signing an intermediary contract, from the perspective of contract law, you only bear the responsibility of truthfully providing information to the client, and the specific so-called "business" has nothing to do with you, so to speak, even if he earns 1 million from it, you only take a fixed intermediary fee, don't you.

    Legal reference: Article 425 of the Contract Law: The intermediary shall truthfully report to the client on matters related to the conclusion of the contract.

    Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, he shall not demand payment of remuneration and shall bear the liability for damages.

    For supplementary questions:

    If your company is not stamped, your signature alone is not legally valid.

  2. Anonymous users2024-02-09

    It has nothing to do with you, unless you have unrealistic promises or deception at the beginning, and your agent will be in charge, but it has nothing to do with you personally.

  3. Anonymous users2024-02-08

    First of all, I have to inform you that you are engaged in a business service industry, and your obligation is to provide customers with true and reliable business information. If there is no error, no matter how much loss is caused, it will be borne by the customer himself, and it has nothing to do with you!

    After all, the sky is falling and the person in charge of the company is propped up, why are you panicking?

  4. Anonymous users2024-02-07

    The Contract Law stipulates that this is not in line with the principle of fairness, even if the two parties sign a contract and the contract is established, this provision of the contract is invalid and the law does not protect it. Your employer stamps and signs the contract, which only promotes the formation of the contract, but the clause in the contract is invalid.

  5. Anonymous users2024-02-06

    The legal basis is simply what the clause of the legal document is used to do things (judgment, judgment, punishment, termination of contract, payment of compensation, etc.). For example, if an employee works overtime on a statutory holiday, the legal basis for the employer to pay three times the salary is Article 44, Paragraph 3 of the Labor Law of the People's Republic of China.

  6. Anonymous users2024-02-05

    Legal analysis: "The law of public power cannot be done without authorization", "based on facts, with the law as the criterion", "governing the country according to law", "administering according to law" and a series of requirements: state organs and their functionaries must do everything "according to law", and everything must have a "legal basis".

    Legal basis: Article 5 of the Constitution of the People's Republic of China The People's Republic of China implements the rule of law and builds a socialist country under the rule of law.

    The state upholds the unity and dignity of the socialist legal system.

    All laws, administrative regulations, and local regulations must not contradict the Constitution.

    All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.

    No organization or individual may have privileges that go beyond the Constitution and laws.

  7. Anonymous users2024-02-04

    First of all, you have to look at how the construction project contract is agreed, the general construction project contract is divided into general terms and special terms, and it is not surprising that your problems have been agreed. If there is no agreement or the agreement is unclear, there are also provisions in the interpretation of the construction project:

    Article 9 Where the parties have a dispute over the actual completion date of a construction project, the people's court shall make a determination in accordance with the following circumstances:

    A) the construction project after the completion of acceptance, to the date of completion acceptance as the date of completion;

    2) If the contractor has submitted the completion acceptance report and the employer delays the acceptance, the completion date shall be the date on which the contractor submits the acceptance report;

    3) If the construction project has not been completed and accepted, and the employer uses it without authorization, the date of transfer of possession of the construction project shall be the date of completion.

    Finally, if the doors and windows are damaged, you should provide evidence to prove that the cause of the damage is caused by the typhoon and not the quality problem, and based on the fact that the construction contract of the construction project is a paid contract, with reference to the relevant provisions of the risk transfer of the sales contract, the risk will be transferred to Party A after the project has been delivered.

  8. Anonymous users2024-02-03

    Article 28 of the Criminal Procedure Law: ".

    1) is a party to the case or a close relative of a party;

    2) The person or his close relatives have an interest in the case;

    3) Served as a witness, evaluator, defender, or litigator in the case;

    4) They have other relationships with the parties to the case that might impact the fair handling of the case. Article 29: "Adjudicators, procurators, and investigators must not accept hospitality or gifts from parties or persons entrusted by them, and must not meet with parties or persons entrusted by them in violation of regulations.

    Where adjudicators, procurators, or investigators violate the provisions of the preceding paragraph, legal responsibility shall be pursued in accordance with law. The parties and their legal persons have the right to request their recusal. However, the applicant shall provide supporting materials.

    Article 192: "In cases remanded for new trial, the original people's court shall separately form a collegial panel and conduct trial in accordance with the first-instance trial procedures. "Article 207:

    In cases where the people's courts follow procedures to retry cases, they shall separately form a collegial panel to conduct it. "Although there are provisions on the recusal system in criminal proceedings, civil proceedings and administrative proceedings, due to the differences in the types of litigation, the specific statutory circumstances for recusal are different when the relevant persons apply the recusal system. In criminal proceedings, the recusal system applies not only to adjudicators, appraisers, clerks, and translators, but also to procurators and investigators.

    Article 42 of the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases When an infectious disease breaks out or becomes prevalent, the local people at or above the county level shall immediately organize forces to carry out prevention and control in accordance with the prevention and control plan, cut off the transmission channels of infectious diseases, and when necessary, report to the people at the next higher level for decision, and may take the following emergency measures and make a public announcement:

    1) Restricting or stopping fairs, theater performances, or other activities where people gather;

    2) Suspension of work, business, or school;

    3) Sealing or sealing public drinking water sources, food, and related articles contaminated by infectious disease pathogens;

    4) Controlling or culling infected wild animals, domestic animals and poultry;

    5) Closing places that may cause the spread of infectious diseases.

    When a higher-level people** receives a report from a lower-level people** on the adoption of the emergency measures listed in the preceding paragraph, they shall immediately make a decision.

    The lifting of emergency measures is to be decided and announced by the organ that made the original decision.

  9. Anonymous users2024-02-02

    1. The liquidated damages for late delivery are generally between 1% and 1, and the liquidated damages are calculated according to the total amount of the house price.

    2. The agreed liquidated damages for late delivery shall be paid in accordance with the contract, unless the developer has exemption reasons, such as **, war and other force majeure reasons agreed in the contract, and has fulfilled the obligation to inform in a timely manner, it can not bear the liability for breach of contract for late delivery.

    3. Legal basis: Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Contracts for the Sale and Purchase of Commercial Housing: If the contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the method of calculating the amount of compensation for losses, the amount of liquidated damages or the amount of compensation for losses may be determined with reference to the following standards: If the payment is overdue, it shall be calculated according to the total amount of the unpaid purchase price and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

    If the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard for the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.

  10. Anonymous users2024-02-01

    Criminal Procedure Law: Article 110 [Review and Handling of Case Filing Materials, Conditions for Case Filing] The legal basis for not filing a case The people's courts, people's procuratorates, or public security organs shall promptly conduct a review of the materials for reporting, accusing, reporting, and voluntary surrender in accordance with the scope of their jurisdiction, and when they find that there are facts of a crime that require criminal responsibility, they shall file a case; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

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