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See if the compensation has been completed, and if the compensation is in place, the claim cannot be repeated.
The statute of limitations for personal injury compensation is one year, so if you want to continue to sue the school, the statute of limitations has expired, and the court will not support the claim. Unless two things are done: one is to prove that after the accident, he has claimed benefits from the school and has not been more than one year; Second, the school does not raise a defense against the statute of limitations.
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In favor of hugging, add a point: see if there are any omissions in the insurance company's compensation, according to the provisions of the law.
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Whether the insurance company pays compensation is only a matter of compensation for the direct infringer (i.e., the perpetrator).
As for the school's supervisory responsibility, it is a completely separate issue of compensation, and I personally think that you can claim compensation from the school. However, it is important to note that the statute of limitations for personal injury is one year.
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I disagree with the opinion of the first floor. If the personal injury insurance is taken out by the child's parents, it does not affect the school's tort liability for poor supervision. Of course, if you do not file a claim against the school during this period, the statute of limitations has expired.
One point to add: in our country, the court will review ex officio whether the statute of limitations has expired.
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The information on the question is limited, but I think that first of all, in terms of the nature of the partnership, this should be an ordinary partnership, and all three people are ordinary people.
For a general partnership, the partners are jointly and severally liable for the debts of the partnership, that is, when the partnership property is insufficient to pay off the debts, the property of the partners shall bear unlimited joint and several liability for the debts, which is the difference between a partnership and a limited liability company.
Therefore, there is no problem with this judgment, but what you wrote about A and B should bear all the liabilities for repayment, in fact, A, B, and C should bear all the liabilities for repayment.
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Legal Analysis: Civil issues refer to matters related to civil law or agricultural or civil matters.
Legal basis: Civil Procedure Law
Article 183:Where oneself is harmed by the protection of others' civil rights and interests, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
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Legal analysis: The civil procedure law is a simple procedural law, and the civil law is a substantive law.
Legal basis: Civil Procedure Law of the People's Republic of China Article 2 The task of the Civil Procedure Law of the People's Republic of China is to protect the parties in exercising their procedural rights, ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, promptly hear civil cases, confirm the relationship between civil rights and obligations, sanction civil violations, protect the lawful rights and interests of the parties, educate Huizhengfu citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction.
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Civil disputes are a type of legal disputes and social or consumer disputes. The so-called civil dispute refers to the dispute between equal subjects that involves civil rights and obligations (disposable). As a type of legal dispute, civil disputes are generally caused by violations of civil legal norms.
Where a civil subject violates the norms of civil legal obligations and infringes upon the civil rights and obligations of others, a civil dispute arises with civil rights and obligations as the content. Generally speaking, civil disputes are the sum total of legal norms dealing with personal and property relations between equal subjects, so all violations of this concept will give rise to civil disputes.
In the event of a civil dispute, the parties may request the people's mediation committee, relevant units, and relevant administrative departments to conduct mediation, and may also apply to an arbitration institution for arbitration in accordance with law, or file a civil lawsuit with the people's court.
The people's mediation committee is an organization that mediates civil disputes under the guidance of the grassroots people's ** and the grassroots people's courts. The people's mediation committee conducts mediation in accordance with the provisions of law and on the basis of the principle of voluntariness. The agreement reached by the parties on the mediation shall be performed; If they are unwilling to mediate, fail to mediate, or renege, they may file a lawsuit in the people's court.
1. Characteristics of civil disputes.
1. The legal status of the subjects of civil disputes is equal.
2. The content of a civil dispute is a dispute over civil rights and obligations.
3. Disposability of civil disputes. Separate administrative disputes and criminal disputes.
According to the characteristics and content of civil disputes, civil disputes can be divided into two major contents: one is civil disputes in terms of property relations, including civil disputes in property ownership relations and civil disputes in property circulation relations. The other category is civil disputes over personal relationships, including civil disputes over personality rights and identity relationships.
In social life, people will inevitably have various civil disputes, such as divorce disputes, damage compensation disputes, housing property rights disputes, contract disputes, copyright disputes, etc. If a civil dispute cannot be properly resolved, it will not only damage the legitimate civil rights and interests of the parties, but may also affect third parties and even affect social stability. Therefore, all countries attach great importance to the settlement of civil disputes and have established corresponding systems for handling civil disputes.
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(1) The object of the civil legal relationship, that is, the object to which the civil rights enjoyed and the civil obligations undertaken by the subject in the civil legal relationship are directed. There is a legal relationship between Zhang San and Li Si, and the subject matter of the sale is a cow, and this cow is the object of the civil legal relationship.
2) The interest generated by the sale of the subject matter is transferred with the transfer of direct possession of the subject matter, that is, the possession is not seen by looking at everything. The fruits of the subject matter before the transfer of direct possession are owned by the seller; The proceeds thereafter belong to the buyer. The criterion for the transfer of possession in the sale and purchase of movable property is delivery.
Although Zhang San retains the ownership of the cow, the cow has been actually handed over to Li Si, so the ownership of the calf belongs to Li Si.
3) Zhang San handed over the color TV to Wang Wu for safekeeping, rather than handing it over to him to help**, and Wang Wu did not dispose of the TV to Ma Liu without authorization, so this case is neither a malicious collusion between ** and a third party, nor is it not a lack of authority to dispose of it. Wang Wu and Ma Liu conspired to deceive Zhang San and make him have a misunderstanding, and punished his color TV at a low price. The expression of intent is untrue, and the act is a revocable civil juristic act.
Zhang San, as the party who expressed his intention untruthfully, enjoyed the right to revoke the contract. If Zhang San exercises the right of revocation, the act will be invalid from the beginning, and Ma Liu will not be able to obtain the ownership of the color TV.
Finally, try to think about the case analysis homework in the civil law class, learn for yourself, and don't rely too much on the Internet.
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Xiao Li's behavior is not right**.
The legal effect of the system is the effect of bai
Undetermined; It does not constitute the appearance of **du, and the appearance of ** is zhi valid. The occurrence of no authority, DAO is purely due to the actor's negligence, and there is no negligence on his part, that is, the actor impersonates **person or exceeds his authority**; The occurrence of apparent ** is caused by my own negligence, that is, my behavior not only enables the actor to carry out acts with the counterpart as a ** person, but also more importantly, it is enough to make the third party believe that the actor can carry out the act with the counterpart as a ** person, and more importantly, it is enough to make the third party believe that the actor has obtained his authorization, which is the main difference between the two.
Xiao Li is a purchaser, has no authority to sell computers, and has not issued a certificate of **, and Factory B should not think that he has the right to **. Factory A also did not have any fault, and Factory A did not give Xiao Li any certificate showing ** authority, which was completely Xiao Li's own behavior.
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1. The act of buying and selling computers by B and C is an act of malicious collusion to damage the legitimate rights and interests of a third party, and is an invalid contract;
2. A may request B and C to compensate for A's losses, and B and C shall be jointly and severally liable;
3. D has already obtained the ownership of the desktop computer, and although C has no right to dispose of it, Ding is a bona fide third party who is unaware of it, and the reasonable consideration paid by Ding, Ding's act of buying the desktop computer meets the constitutive elements of bona fide acquisition, and he has obtained the ownership of the desktop computer in accordance with the law.
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(1) What is the nature of B and C's act of buying and selling desktop computers, which is an act of deception, A can apply to the court for a judgment that the transaction is invalid within one year after knowing the situation, and 2) A can request B and C to bear what responsibilities and joint and several liability for compensation.
3) Can D take ownership of his desktop computer? Why? He legally acquired ownership of a desktop computer with a reasonable **, and there was no mistake on his part in buying it from a person who did not have the right to dispose of it.
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