300 points to ask for a cooperative business case

1. Is this kind of cooperation feasible?

Yes, a typical joint venture contract, and if both parties agree, a supplementary agreement can be entered into on the relevant details of the business process.

2. What kind of written agreement do the two parties need to sign? Can the parties enter into such an agreement in their capacity as natural persons?

Sign a cooperative operation contract. The agreement can be entered into in the capacity of a natural person. However, when it comes to business activities, a business license shall be applied, and when the agreement is signed, the relevant provisions of the business license application, use, capital contribution, and person in charge shall be jointly agreed.

3. Should B apply for the expansion of the business scope of product A or A alone to apply for the business qualification of product rental?

It should be specific to look at the relationship between product A and product B, if it belongs to the same type on the business license, there is no need to apply for a business license. If it is different, it is legally necessary to apply for a new business license.

For example, if you used to sell shoes, but now you sell snacks, then shoes and snacks are not of the same type, and snacks should apply for a new business license.

4. In terms of operation, since A entrusts product A to B for lease, how to supervise B's employees to do accounts? For example, B's employee uses product A privately and does not record it in the account.

That's simple, when you deliver the goods, clear them one by one, ask Party B to confirm in writing, and agree to count them every month, then you can know the amount on the books. Party B is obliged to pay according to the contract.

You have no way to supervise Party B's employees, and there is no need for this.

I understand that B's store sells product 1, A wants to cooperate with B to rent product 2 in B's store, A is responsible for the cost of product 2, B is responsible for the store expenses, and the profit is distributed proportionally, right?

If so. First of all, it depends on whether product 2 has an impact on product 1, and whether the two products have a certain joint sales relationship, just like you sell pencils and he sells erasers, which can bring benefits to the other party, if you sell books, he sells fruits is a bit inconsistent.

In addition, A uses B's resources to sell A's products, and B can claim revenue from the sales of its products, not from profits. The business qualification for product 2 rental should be applied for by B to expand the scope of business.

On the one hand, A's products are rented and can be used repeatedly, so there is no way to supervise, and if the benefits are good, it is not bad for employees. But you should pay attention to the accounting, if you don't have your own people present, it doesn't seem to be easy to supervise!

Can do! (First declare that you don't know what product).

Don't complicate simple things, two points: first, how much is the price of his products, how much commission he gives you, how much is the monthly sales guarantee, and the agreement is signed after negotiation between the two parties; Second, the agreement states that if the product sales profit is too low or unsalable, the two parties will not bear any responsibility for each other within how long the product will be removed from the shelves, and the funds invested in the early stage will not make up for each other.

What do you want to join? The franchise store is not good, you can do your own brand, if it is a western restaurant, I can help you, I am the duty manager of Tex, I also want to open my own now, I have also done a good plan, you can talk in detail or face-to-face!

The main thing is to write down the way of cooperation, rights and obligations.

1. Constituting the crime of robbery is a transformative robbery as provided for in Criminal Law article 263, where theft is committed in order to resist arrest and violence is used on the spot or threatened with violence, it is transformed into robbery. Among them, although Xu is under the age of 16 (he only turned 16 on the second day of his birthday), he is not criminally responsible for theft, but he should be criminally responsible for robbery.

2. Covering up or concealing criminal proceeds or the proceeds of criminal proceeds He clearly knew that they were criminal proceeds and the proceeds thereof, and concealed, transferred, purchased, or sold them on his behalf.

3. Incorrect, Article 84 of the Criminal Law stipulates that public security organs shall accept reports, accusations, and reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs.

4. I'm not sure, I may need to investigate the scene and let Wang check the injury.

5. It does not constitute a recidivism, and the Eighth Amendment to the Criminal Law, which came into effect in May this year, excludes crimes committed by persons under the age of 18 from the scope of ordinary recidivism.

6. Composition: According to the "Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service", it was not on the initiative of the criminal suspect, but was persuaded and accompanied by relatives and friends to surrender; Where the public security organs notify the criminal suspect's relatives and friends, or where the relatives or friends voluntarily report the case and send the criminal suspect to surrender, it shall also be viewed as voluntary surrender.

1. Xu X does not constitute a crime. Article 10 of the "Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Juvenile Criminal Cases" Where a person who has reached the age of 14 but is not yet 16 years old steals, defrauds, or robs others' property, uses violence at the scene, intentionally injures a person causing serious injury or death, or intentionally kills a person, in order to conceal stolen goods, resist arrest, or destroy criminal evidence, they shall be convicted and punished as the crime of intentional injury or intentional homicide, respectively. In this case, Xu was under the age of 16 on his birthday, and he did not bear criminal responsibility for the crime of theft, nor did it constitute a transformative robbery, because Wang only constituted minor injuries.

It should be handled in accordance with the public security administration regulations.

Zhu was 16 years old, so it constituted a transformational robbery.

2. Li: Covering up and concealing criminal proceeds and the proceeds of criminal proceeds.

3. Incorrect. This case has jurisdiction over City B. It is the place where the crime was committed.

4. The conditions for filing and investigating the case are as follows: (1) There are facts of a crime, that is, in a case that has already been accepted, the criminal suspect's conduct has violated the criminal law and constitutes a crime. This kind of criminal fact already exists objectively and is not subjective speculation; It has been proven, and it is not unfounded.

2) Need to Pursue Criminal Responsibility Where the level of criminal responsibility is reached, the approval of the filing of a case shall be approved by the responsible person of the county-level public security organ, and the director shall not have the authority.

5. It does not constitute a situation. Amendment 8 to the Criminal Law stipulates that minors are not eligible subjects for recidivism.

6. Composition. There are two reasons: first, voluntarily surrendered; 2. Confessing to the facts of the crime.

1. Can be revoked. A sells a counterfeit product, which is actually a major misunderstanding and is a revocable civil act, so the act of buying and selling can be revoked.

2. Yes. Because C is aware of the facts, his conduct is already a malicious third party and is not protected by the bona fide acquisition regime. A revokes the transaction with B, and A still has ownership of the vase, so he can ask C to return the vase.

Addendum: If C is a bona fide third party, then C takes ownership of the vase, and A cannot ask for the vase back. Only B can be asked for compensation.

On the issue of breakage: if B delivers the vase to C, then C is the owner of the vase, the vase is his, and no compensation is required to anyone.

A bona fide third person obtained the vase, and the vase had nothing to do with A at all. If C breaks his own things, why should he pay for it?

I think the conclusion upstairs is wrong, and we should take a closer look at the content of bona fide acquisition, Article 106 of the Property Law. Acquisition in good faith is one of the important circumstances in which ownership is acquired, and a system of acquisition in good faith was established to protect the transaction relationship. In other words, C is not obliged to pursue whether B has the ownership to sell.

Equitable terms are important, but they are part of the principles of law, and jurisprudence there are often exceptions to them.

I'm so tired, haha

C needs to be compensated because C did not get the goods at a reasonable price, which violates the principle of equity.

1.If C is a bona fide third party, he acquires ownership of the vase at the same time as he takes possession of it. This is provided for in the definition of bona fide acquisition.

That is, the possessor has no right to dispose of the ownership of the movable property of another person or to create other property rights to a third party, and the bona fide third party obtains the ownership of the thing at the same time as the possession of the thing.

However, if the transaction violates the principle of fairness (the principle of fairness is the supreme principle of civil law, and the principle of fairness in civil law is supreme), A can also propose to revoke the transaction with B. C cannot take ownership of the vase.

2.As for who is responsible if it is damaged... Well, I think it's A. I'll ask

1. During the medical treatment period, I don't think there is a salary.

2. If you don't go to work, you won't get a subsidy

3. There is a performance bonus if there is a basic salary.

4. During illness.

It's you who get sick.

It's not the company that makes you sick.

There is no living allowance and no compensation for lost work.

1. Guangming Department Store is a partnership, and the partners bear unlimited liability for the debts of the enterprise;

The company is a limited liability company, and the company bears the liability to creditors to the extent of its bankruptcy estate.

2. The focus of the dispute is whether CP Company's claims should be fully repaid, that is, whether it has the right to seek recourse against the debtor for the full amount of claims.

3. Since Guangming Department Store is a general partnership, and the partners bear unlimited liability for the omission of corporate debts, in this case, partners A, B and C all bear unlimited liability for the company's debts, and CP Company can file a repayment claim against one of the partners. If one of the partners pays off the debts of the business, he has the right to seek recourse against the other partners for the debts that should be borne by the other partners.

Oriental Co., Ltd. is a limited liability company and is liable externally with all the assets of the company. In this case, Dongfang Co., Ltd. has been declared bankrupt and should use its bankruptcy estate to pay off the expenses of the liquidation group, repay the wages and insurance of employees, and pay various taxes, and repay the creditors who have declared bankruptcy claims in the same proportion according to the amount of the claims. After CP declares its creditor's rights, the part that cannot be repaid can only be written off as bad debts and can no longer be recovered.

On the issue of testifying, anyone who knows the facts of the case, including those with limited capacity, can testify, and it is an obligation.

In addition, it should be pointed out that although Zhao is only 10 years old, as long as it is a testimony that is compatible with his intelligence, it can be used as evidence. For example, Zhao said that he had met the defendant, which was completely in line with his intellectual understanding.

However, strictly speaking, to determine whether a person is guilty or not, it is necessary to form a complete chain of evidence in combination with the circumstances of the case, and each piece of evidence can corroborate each other, and other reasonable assumptions can be excluded, so as to draw a unique conclusion.

Strictly speaking, 10-year-old Zhao's testimony cannot be used as the basis for a verdict, but it can be combined with other evidence as a link in the evidence chain.

I have a little shallow understanding, I hope it will help you.

1. A lawsuit may be filed on the grounds of breach of contract, or a lawsuit may be filed on the grounds of infringement. If Mr. Wang's girlfriend can prove that there is a causal relationship between the batch of yogurt and his stomach pain (as proved by the hospital, etc.), it would be better to file a lawsuit for infringement. Otherwise, a lawsuit for breach of contract.

2. The supermarket shall bear responsibility and shall not defend itself. The supermarket can recover from the manufacturer after compensating Mr. Wang's girlfriend.

In this case, Mr. Wang's girlfriend could file a lawsuit on the grounds of infringement and demand that the supermarket bear the liability for compensation to the consumer. Mr. Wang could only file a lawsuit against the supermarket on the grounds of breach of the sales contract, demanding that the supermarket return the goods and compensate for liquidated damages, etc., and since Mr. Wang's girlfriend was injured and Mr. Wang had no legal interest, he could not file a lawsuit on this matter.

The supermarket shall be liable unless he presents conclusive evidence that the product was not sold by the supermarket.

The yogurt is in the supermarket, whether it is a receipt or a certificate or something like that, if there is, the supermarket is at fault, and according to the relevant provisions of the Tort Liability Law, the supermarket will compensate you.

In the case of tort legal relationship, what the defendant has to solve is the issue of the four elements of infringement. In this case, I think the most important thing is whether the relevant departments have the obligation to set up signs or warnings, which is directly related to their fault.

In this case, the relevant authorities must be not at fault, because Xiao Ming's bungee jumping is obviously an extreme sport and is not a normal behavior. If any abnormal behavior is to be marked or warned, should there be a notice on every bridge deck prohibiting bungee jumping? Do you want to place a ban on bungee jumping on the roof of each building?

Or do you want to set up a warning prohibiting jumping off bridges or buildings? If compensation can be obtained in this way, then in the future, the family of the person who committed suicide by jumping off the bridge can sue and say that the person went swimming instead of committing suicide. **There are no alerts, so pay for it.

Personally, I don't think it's reasonable or necessary.

Of course, from the perspective of safety, we must also make it clear that the activities related to bungee jumping involve the safety of some equipment or facilities, which is a problem to be solved by the relevant special equipment supervision department, and I am too lazy to find the relevant regulations. Not a real case after all.

I've seen a case before and don't know if it's true or not.

A man in the United States drove an RV to travel, and on the way he left the driver's seat to make coffee, and ended up in a car accident. So he took the RV manufacturer to court for failing to state in the car's instructions that he couldn't leave the driver's seat while driving. As a result, the man won the case.

And the motorhome manufacturer also added a ban on leaving the driver's seat while driving in the manual.

If the above case is true, then it should be possible to learn from this case.