Legal issues of capital disputes, and how to deal with capital contract disputes

According to the provisions of the General Principles of the Civil Law, your situation should be regarded as an individual partnership, regardless of whether it is registered for industry and commerce, as long as the conditions for partnership are met.

According to Article 32 of the General Principles of the Civil Law, "the property accumulated by the partnership shall be jointly owned by the partners. ”

According to Article 47 of the Several Opinions of the Supreme People's Court on the Implementation of the General Principles of the Civil Law, "all partners shall be jointly and severally liable for the losses of the partnership; Internally, it shall be shared in accordance with the proportion of debt bearing or capital contribution agreed in the agreement; If the agreement does not stipulate the proportion of debts to be borne or the proportion of capital contribution, it may be borne in accordance with the agreed or actual proportion of surplus distribution, but the partners who are at fault for causing the losses of the partnership shall be liable accordingly according to the degree of their fault. ”

You may, in accordance with the last sentence of article 47, require the partner who has been at fault to be held more liable. However, if you want to file a lawsuit, you should pay attention to gathering evidence, such as the testimony of the other partner, the shipping receipt received by that partner, your proof of capital contribution, etc. After all, when going to court to fight a lawsuit, the judge mainly looks at the evidence.

That slapper of yours is breaking the law. You and your paidang are legally in partnership, and your property and income belong to the joint property of the partner, and he has no right to occupy and use it himself. So you can sue him.

If you have not established a business, you should sue on the basis of the General Principles of Civil Law.

First of all, from the nature of your business, it is a partnership organization, and each partner contributes funds and bears profits and losses together, and they all bear unlimited joint and several liability, that is, they must be liable to the extent of all the assets of each of you.

He has violated the obligation of sharing profits and losses by failing to return the freight, and should bear the liability for breach of contract agreed by you in advance. If there is no agreement, it has the right to recover losses from it in the event of liquidation of bankruptcy.

You can sue your friend for a refund of the overcharged shipping costs.

1. Negotiation and settlement, the parties resolve disputes through mutual negotiation on an amicable basis, which is the best way.

2. In mediation, if the parties cannot reach a consensus through negotiation, they may request the relevant institutions to mediate.

3. In arbitration, if the parties fail to reach negotiation and are unwilling to mediate, they may apply to the arbitration institution for arbitration according to the arbitration clause stipulated in the contract or the arbitration agreement reached by the two parties after the dispute arises.

4. Litigation: If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract can sue the contract dispute to the court for judicial settlement.

1. What are the conditions for applying for arbitration of capital contract disputes?

a) there is an arbitration agreement;

2) There is a specific claim for arbitration, as well as facts and reasons; Hunger beats.

3) It is within the scope of acceptance by the Arbitration Commission.

2. What materials should be prepared to file a lawsuit with the court without an arbitration agreement for a capital contract dispute?

1. A copy of the complaint and a copy according to the number of defendants. The original and copy of the complaint must be provided, and if the plaintiff is an individual, he must sign in the column of the complainant, and if the plaintiff is a unit, the legal representative (or person in charge) must sign and affix the official seal of the unit.

2. The main evidentiary materials, and provide copies (copies) according to the number of defendants.

3. Proof of identity of the plaintiff and the defendant.

4. If you entrust another person to litigate, you must also submit a power of attorney with clear authorization and a copy of the trustee's ID card, and provide the original for inspection.

5. If a lawyer is entrusted with a lawsuit, a power of attorney with clear authorization and a copy of the law firm's acceptance of the entrustment, letter and lawyer's certificate must also be submitted.

3. What are the procedures for handwriting appraisal after a capital contract dispute is filed?

1. One of the parties shall file an application with the court before the time limit for presenting evidence;

2. After cross-examination by both parties, it is determined to provide samples for identification;

3. The appraisal agency shall be selected by the two parties through negotiation or selected by the Chinese simple lottery;

4. After receiving the appraisal appeal, the appraisal agency shall make appraisal opinions with its own professional technology and in accordance with the law;

5. If both parties have objections to the appraisal conclusion after receiving the appraisal opinion, they may also apply for a new appraisal.

Summary. Hello dear, I am happy to answer for you, about the common ways to resolve money disputes:1

Voluntary negotiation between the two parties to settle the problem: The two parties can voluntarily reach an agreement when both parties can solve the problem through friendly negotiation and communication. During the negotiation process, both parties should be open and communicate with each other, and avoid emotions and conflicts as much as possible.

2.Through third-party mediation: If the two parties cannot solve the problem through negotiation, the dispute can be resolved through third-party mediation, such as asking an intermediary agency or lawyer** to negotiate, mediate, or apply to the relevant department for mediation.

3.Litigation Resolution: If the dispute cannot be resolved through negotiation and mediation, both parties can file a lawsuit in court to resolve the issue, and at the same time try to prepare relevant evidence and materials to prove their rights and interests in the litigation.

No matter how you resolve monetary disputes, you should be based on the principles of legality, impartiality, fairness, and not harming the rights and interests of both parties, and handle the problem calmly, objectively and rationally.

It's just that there is a person who asked me to make things Li Shi from me at a low **, and then she sold it to Sun Liang with a good **, which means that she is the middle of the disruptor to make the difference, and I found out by chance, what should I do.

Hello dear, I am happy to answer for you, about the common ways to resolve money disputes:1The two parties voluntarily negotiate to settle the matter:

In the case that both parties are able to solve the problem through friendly negotiation and communication, the two parties can voluntarily reach an agreement. During the negotiation process, both parties should be open and communicate with each other, and avoid emotions and conflicts as much as possible. 2.

Alleviation through third-party mediation: If the two parties cannot solve the problem through negotiation, the dispute can be resolved through third-party mediation, such as asking an intermediary agency or lawyer to negotiate, mediate, or apply to the relevant department for mediation. 3.

Litigation Resolution: If the dispute cannot be resolved through negotiation and mediation, both parties can file a lawsuit with the court to resolve the problem, and at the same time try to prepare relevant evidence and materials to prove their rights and interests in the litigation. No matter what method is adopted to resolve monetary disputes, it should be based on the principles of legality, justice, fairness, and not harming the rights and interests of both parties, and maintain a calm and objective and rational approach to the problem.

Legal Analysis: Monetary disputes are economic cases and are within the scope of civil litigation. Economic disputes are generally civil cases, and if the negotiation fails, they will be sued in the court for resolution.

The provisions of the Civil Procedure Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations due to property and personal relations.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 3: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, between pharaohs, between other organizations, and between them due to property and personal relationships.

Legal analysis: If economic disputes are involved, the best solution is to ask the court to mediate, if the mediation cannot reach an agreement, then the family chain can call the court to file an early lawsuit and ask for a judgment.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 3: The provisions of this Law apply to people's courts' acceptance of civil lawsuits raised by citizens, legal persons, and other organizations, as well as between them, arising from property and personal relationships.

Article 9: People's courts hearing civil cases shall conduct mediation on the basis of the principles of voluntariness and legality; Where mediation fails, a judgment shall be made in a timely manner.

You can win.

There is no legal basis to sue for the payment of alimony, for the return of the property or for the return of transition payments.

The payment of alimony can be enforced in advance, which means that the court can decide that it can be enforced before the judgment.

The facts of the case are relatively simple, and they are basically won.

Legal basis: Marriage Act

Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents. …

In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

According to the background you provided, if the property is in the name of the elderly, the son is obliged to pay the transition fee to the elderly as child support.

If the property has been proved to have belonged to the elderly before, it is very sure to win; It is better to file a lawsuit with an obligation of maintenance.

You can win. Medical expenses should also be borne by the two sons, and alimony should also be paid, which is an obligation.