Ask for legal questions please !!! Please

Updated on society 2024-06-18
12 answers
  1. Anonymous users2024-02-12

    First of all, you didn't make this question clear, first, you said that you shared the house with the landlord, you mean that the house was rented by the landlord and then he sublet part of it to you, isn't that so? If you are renting from a landlord and subletting, you must get the consent of the original landlord. Otherwise, the original owner can kick you out.

    Second, the gas company ordered rectification, whether there is no one living in it, it must not be a big deal, rectification is not a big deal, you just move the bed out, he should still come to check, if you don't move out, I guess there will be a fine. Thirdly, on the issue of this signature, if you sign it, it only means that the notice has been notified to the people in the house, and it will not be good, it is a proof that the gas unit has fulfilled its obligation to notify. Fourth, if natural gas ** occurs, the cause of the accident will be investigated, and the responsibility will be determined to determine the compensation issue, if you are indeed at fault, you will definitely bear part of the responsibility, which depends on the results of the investigation.

    Fifth, as to whether you should bear the liability for compensation, it depends on whether you are at fault in the whole matter, if you are at fault, you will definitely not bear it if you are not at fault, this is the same as whether the landlord will sue you, you have not done anything, how can he sue you, and the lawsuit must have a factual basis. You have a lot of questions that are not clear, and I can only answer them like this, I hope it will be useful to you!

  2. Anonymous users2024-02-11

    Hello. 1. They said that there is no way to do it if there is a hidden danger, just move the bed away, and it is no one's business to remove the hidden danger after moving away;

    2. If there is an accident due to the bed, you have to bear part of the responsibility whether you sign or not, because the room is shared by you and him;

    3. If an accident occurs again after the bed, there is no other fault and no responsibility; did not move, so the accident occurred, there is responsibility; If the accident is caused by a problem with the bed, the natural gas company has informed that it is not responsible, and if it is caused by other reasons, it is responsible (other than human); The landlord can't sue you!!

  3. Anonymous users2024-02-10

    Hello, if you sign and don't tell the landlord, the landlord can sue you in case something happens. If a gas accident does happen, you need to be partially responsible. Gas companies don't lose money to landlords. If you still have any questions, you can follow up.

  4. Anonymous users2024-02-09

    It's just a routine inspection, and even if it comes out, it's normal, and the natural gas company won't accompany you if something happens.

    Just tell the landlord.

  5. Anonymous users2024-02-08

    (1) When the above circumstances occur, the people's court of first instance shall first see whether the defendant appeals within the time limit for appeal. If a party appeals to the people's court of second instance within the appeal period, the people's court of first instance shall make a written opinion that the judgment of the first instance may be erroneous, and send it to the people's court of second instance together with the case file. If the parties do not appeal within the appeal period, the court of first instance shall, after the judgment takes effect, have the court president submit the case to the adjudication committee and handle it in accordance with the trial supervision procedures.

    2) Yes, because according to the relevant provisions of the Civil Procedure Law of our country. In this case, the revocation will result in the automatic entry into force of the judgment of the first instance.

    3) After the company reaches a settlement agreement with the department store, there are two ways to do it: it can request the people's court of second instance to prepare a mediation document; Department stores may apply to the second-instance people's court to withdraw the lawsuit.

    4) According to Article 36 of the Several Provisions of the Supreme People's Court on Issues Concerning the Reform of Civil and Economic Trial Methods, the second-instance people's court may not review the appellee's request to modify or supplement the content of the first-instance judgment in the reply.

    5) It is inappropriate for the second-instance people's court to directly rule that the defendant added in the second-instance trial bears civil liability. Because China implements a two-instance final adjudication system in civil litigation, the second-instance judgment has final effect, and the parties may not appeal against it, and the judgment will take legal effect once it is served on the parties. Therefore, when the people's court of second instance discovers that a party who must participate in the litigation did not participate in the litigation in the first instance, although it may add them to participate in the litigation, it must be mediated in accordance with the principle of the parties' voluntariness, and if mediation fails, it shall remand for a new trial.

    If the people's court of second instance directly rules that the party is liable for civil liability, then such a judgment in fact deprives the additional party of the right to appeal, which does not comply with the provisions of the Civil Procedure Law.

  6. Anonymous users2024-02-07

    (1) The effective civil judgment is the enforcement basis that should be enforced by the court of first instance as stipulated in Article 207 of the Civil Procedure Law, and therefore, Galaxy Company should apply to the court of District A of a certain city as the court of first instance for compulsory enforcement.

    2) During the enforcement process, the executor shall not preside over the mediation of both parties. Because the substantive rights dispute between the parties has already been determined by an effective judgment, the enforcement organ may not arbitrarily change it unless it follows the trial supervision procedures.

    3) According to Article 266 of the Civil Procedure Opinions, if one party fails to perform or does not fully perform the enforcement of the settlement agreement, and the other party applies for enforcement of the original effective legal documents, the people's court shall resume enforcement, but the part of the enforcement settlement agreement that has already been performed shall not resume enforcement. Therefore, at this time, Daming Company can only be ordered to pay the unfulfilled 5,000 yuan, that is, the 20,000 yuan determined in the effective judgment minus the 10,000 yuan already paid.

    4) This is incorrect. According to article 211 of the Civil Procedure Law, if the two parties reach a settlement agreement during enforcement, the enforcement personnel shall record the content of the agreement in the record, which shall be signed or sealed by both parties. Where one party fails to perform on the settlement agreement, the people's court may, on the basis of the application of the other party, resume enforcement of the original effective legal document.

    Therefore, at this time, the court of District A shall resume the enforcement of the effective civil judgment.

  7. Anonymous users2024-02-06

    If the employer does not pay wages, you can resign on the grounds that the employer has committed an illegal act stipulated in Article 38 of the Labor Contract Law and the employer does have such an illegal act, and you can request the employer to pay compensation.

    Legal basis: Labor Contract Law

    Article 38 An employee may terminate a labor contract under any of the following circumstances:

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

    2) Failure to pay labor remuneration in full and in a timely manner;

    3) Failure to pay social insurance premiums for workers in accordance with the law;

    4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

    5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

    If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

  8. Anonymous users2024-02-05

    If you don't pay your wages, you go to the Labor Dispute Arbitration Commission to apply for arbitration. In addition, double wages.

  9. Anonymous users2024-02-04

    If the contract period is more than three months but less than one year, it shall not exceed one month, so the three-month probationary period of your company is in violation of the law, and the excess part is invalid.

    In addition, your company does not sign a contract, and you should be paid double the salary every month from the second month of work. If you are dismissed, you shall be given one month's notice, and if you do not give such notice, you shall be paid one month's salary, and you shall also be compensated with half a month's salary for less than six months of service, and one month's salary for less than one year of service for six months.

  10. Anonymous users2024-02-03

    It is a unilateral change of contract by the company, so don't resign first. You can apply for labor arbitration.

  11. Anonymous users2024-02-02

    1. In whose name did you transfer the right to use this land?

    2. If you have the right to use it in your own name, and have gone through the relevant building procedures in accordance with the law, and obtained the corresponding licenses. Then you don't have to be afraid of them, and you can directly sue the other party for infringement. or sue the public security organs for administrative inaction.

    3. If you do not have the right to go through the relevant procedures, then what you should do now is to reapply for the legal procedures and licenses for land use rights. Otherwise, even if it is requisitioned or demolished in the future, there will be many disputes.

  12. Anonymous users2024-02-01

    Hello friends!

    I really hope it can help you, but what you said about "countless cases closed and overturned" is incorrect, because China's Civil Procedure Law stipulates.

    In the case of the summary procedure (i.e. a single judge), the period is generally three months.

    The ordinary procedure is generally six months, and if there are special circumstances that require an extension, it may be extended by six months with the approval of the president.

    Article 135:People's courts applying the ordinary procedures shall conclude trial within 6 months of filing the case. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

    Article 146:People's courts applying the simplified procedures at trial shall complete trial within 3 months of filing the case.

    Six months in the first instance may be extended, and if it is to be extended, an application to a higher court for an extension of three months may be made.

    The second-instance trial is to be concluded three months from the date on which the case is filed.

    Cases for retrial are to be tried in accordance with the original time limit. Three-month closure of the summary procedure.

    Therefore, after the case enters the first-instance trial, the party dissatisfied with the judgment or ruling appeals again and the second-instance trial procedure arises, and the judgment or ruling made by the people's court after applying the second-instance trial procedures to hear the appeal case is a final judgment or ruling, and the parties may not appeal. So it's not what you understand as "overturning the case and closing the case".

    In view of the specific circumstances of the lawsuit involving your parents, I don't know, but according to common sense, the final trial you said last month was a second-instance judgment or ruling, during which there must have been many ** investigations, etc., so now there is only the execution stage left, as long as the person subject to execution has a certain amount of property, you can provide clues, it is estimated that it is only a matter of time before the execution is in place, and there will be no big changes in the middle.

    Good luck!

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