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Contract Law. Article 52 The contract shall be invalid under any of the following circumstances:
1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;
2) Malicious collusion, harming the interests of the state, the collective, or a third party;
3) Concealing illegal purposes in a lawful form;
4) Harming the public interest;
5) Violating mandatory provisions of laws and administrative regulations.
Article 54 One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:
1) It was concluded due to a major misunderstanding;
2) It is obviously unfair at the time of the conclusion of the contract.
If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.
Where a party requests a modification, the people's court or arbitration institution must not revoke it.
Article 55: In any of the following circumstances, the right of revocation shall be extinguished:
1) The party with the right of revocation has not exercised the right of revocation within one year from the date on which it knew or should have known the reasons for revocation;
2) The party with the right of revocation clearly expresses or waives the right of revocation by his own conduct after knowing the reasons for revocation.
The contract between you may be deemed valid in accordance with Article 52.
According to Article 54, Zhao had a material misunderstanding of the value of the watch and could apply for a change in the contract in accordance with the law.
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Significant misunderstandings can be reversed, but only within one year of knowing the truth.
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The student enjoys the copyright of the reorganized landscape, and the copyright belongs to the photographer, not to the owner of the objective object being photographed.
The school's statement is not valid, the copyright of the landscape and the copyright of the photographing the landscape are two rights, and the use of the school does not belong to the fair use of the law.
Schools are not allowed to use these works under the conditions of legal licensing, which must be a special circumstance prescribed by law, and other uses must be authorized by the author in advance and paid for other uses.
Brief description: Law is the most powerful tool for maintaining national stability and vigorous development of various undertakings, and it is also a tool for defending the rights and interests of the people, and it is also a means for rulers to rule the ruled.
A law is a set of rules, usually through a set of systems to enforce them. But in different places, the legal system will articulate people's legal rights and obligations in different ways. One way to distinguish between civil law and common law is to distinguish between civil law and common law systems.
In some countries, their religious laws are based on their laws.
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1 The student has the copyright of the group of **, and the ** of this group of campus scenery was taken by college students, and the college students have the copyright of the ** they photographed.
2 The school's claim is untenable. The copyright of the landscape and the copyright of ** are independent copyrights.
3 Schools are not legally permitted to use these**.
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1. The student has the copyright of the group, and he shoots it himself, of course, he has the copyright;
2. The school's statement is one-sided and cannot be established, and the school has no copyright on the landscape stone public place;
3. The school can use these, because the student has already put ** to the public place (online), and the school does not make a profit with it!
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1、b。Not explained.
2、b。Article 25 of the "Administrative Litigation Law" Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, the administrative organ that took the specific administrative act is the defendant.
For specific administrative acts taken by an organization authorized by laws or regulations, the organization is the defendant. For specific administrative acts taken by an organization entrusted by an administrative organ, the entrusting administrative organ is the defendant.
3、b。Article 24 of the "Administrative Punishment Law" shall not give an administrative penalty of more than two fines to a party for the same illegal act.
4、a。Articles 11 and 12 of the Administrative Litigation Law.
5、a。Article 19 of the Criminal Law: Where a person who is deaf or dumb or blind commits a crime, punishment may be mitigated, commuted, or waived.
6、b。Articles 20 and 21 of the Criminal Code.
7. Article 24 of the Criminal Procedure Law: Criminal cases shall be under the jurisdiction of the people's court at the place where the crime was committed. If it is more appropriate for the people's court for the defendant's place of residence to try the case, the people's court for the defendant's place of residence may have jurisdiction.
8、a。Article 190 of the Criminal Procedure Law: Second-instance people's courts hearing appeals from the defendant or his legally-designated ** person, defender, or close relatives must not increase the defendant's punishment.
Where the people's procuratorate raises a prosecutorial counter-appeal or the private prosecutor submits an appeal, the restrictions of the preceding paragraph are not to be applied.
9、a。Article 65 of the Criminal Law: Criminals who have been sentenced to fixed-term imprisonment or higher commit crimes that should be sentenced to fixed-term imprisonment or higher within five years after the completion of the sentence or pardon are recidivists and shall be given a heavier punishment, except for crimes of negligence.
10、b。Article 23 of the Criminal Law An attempt to commit a crime is an attempt to commit a crime if the crime has already been committed, but the crime is not succeeded due to reasons other than the will of the criminal.
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Only A is right.
B: The level of effectiveness has never been related to the rigor or non-rigor of the formulation process. For example, the enactment of the Maritime Law by the National People's Congress is much more complicated than the Adoption Law, but the two are of the same level.
C: If a general regulation is formulated and the landlord formulates a specific regulation, there may be a situation where the special law prevails over the general law when it is applied, regardless of whether it is the same subject.
D: The level of the law is not related to the time of enactment.
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The answer is: ab
According to the provisions of the Legislation Law of our country:
1) The effect of the superior law is higher than that of the lower law. That is, the level of effectiveness of normative legal documents is determined by the legal status of the subject of their formulation, and the effectiveness of administrative regulations is higher than that of local regulations.
2) Among the laws of the same rank, the lex specialis prevails over the general law. In other words, if both laws provide for the same matter, the special law shall prevail.
3) The new law is superior to the old law. This is also what happens between laws of the same order.
In addition, among the legal norms formulated by the same subject, the legal norms formulated in accordance with specific and stricter procedures have a higher level of effectiveness than those formulated in accordance with ordinary procedures.
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The answer is either ab and abc
Personal preference for ABC
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C Yes, there is no social danger in installing defensive devices at home, and in layman's terms, it will not harm others. If you are in a public place, such as your own vegetable patch on the side of the road, an orchard next to a bridge, etc. (as has happened in the exam), you pull an electrified barbed wire fence, which may constitute a crime.
b Obviously incorrect, in order to constitute intentional harm, the perpetrator needs to know all the elements of the crime, and there needs to be an intent to harm, and first of all, there is no subjective intent to harm at all. How can it be an intentional crime?
I guess you're doing the older questions, and the exam questions before 07 shouldn't be too serious.
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According to Article 26 of the Company Law, "the registered capital of a limited liability company shall be the amount of capital contribution subscribed by all shareholders registered with the company registration authority. The initial capital contribution of all shareholders of the company shall not be less than 20% of the registered capital, nor shall it be less than the statutory minimum amount of registered capital, and the remaining part shall be paid up by the shareholders within two years from the date of establishment of the company".
In this question, the first capital contribution of the three people is only 150,000 yuan, less than 20% of the registered capital, and the first capital contribution of the company established by the three people in this question should not be less than 200,000 yuan, and it should be paid in full within 2 years after the establishment of the company.
According to the first paragraph of Article 27 of the Company Law, "shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights, and other non-monetary assets that can be valued in monetary terms and can be transferred in accordance with the law; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations. At the same time, according to the second paragraph, "the non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued."
The labor services cannot be valued, and C's labor contribution is illegal.
According to the third paragraph of Article 27 of the Company Law, "the monetary contribution of all shareholders shall not be less than 30% of the registered capital of a limited liability company." In this question, the monetary contribution is only 150,000, and there should be at least 300,000 monetary contributions.
According to Article 8 of the Company Law, "a limited liability company established must be marked with the word limited liability company or **** in the company name. The name of "Dalian Boya Garment Factory" in this question does not reflect the nature of a limited liability company.
According to Article 52 of the Company Law, "directors and senior managers shall not concurrently serve as supervisors." In this question, A is an executive director and is not allowed to serve as a supervisor.
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The above questions have the following points:
A limited liability DU company cannot contribute capital by means of services.
zhi。C's method of contribution.
The DAO is false.
The amount of the initial cash contribution shall not be less than 10,000% of the total amount of capital contribution, and the minimum cash contribution amount shall be 200,000.
The remaining capital contribution must be paid within 2 years for a limited liability company and 5 years for an investment company.
In the articles of association, A serves as an executive director, and the legal representative is an executive director. As an executive director, A cannot serve as a supervisor.
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1. The offer made by Trading Company A has taken effect, and the commitment period is specified in the offer, and the offer shall not be revoked. Company A's notice on May 14 actually revoked the offer, and its revocation of the offer was not effective for the offeree, and the offeree's commitment to the offer was not affected.
Company B's notification commitment has not reached Company A (the validity of the notification commitment adopts the arrival principle) and does not take effect.
Company C's commitment to reach Company A within the commitment period, but the offer for a rebate of 10 is a substantial change to the content of the offer and should be regarded as a new offer.
Company D's commitment reached Company A within the commitment period, and no substantive changes were made to the content of the offer, the commitment came into effect, and the sales contract between Company A and Company D was established.
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Ask your girlfriend's school or work, friends, family, there is always someone to know.