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If, according to what you said at the beginning, you jointly funded the purchase of the equipment for production and business activities, and agreed on the distribution method of equal distribution of income, then your investment is the money paid for the purchase of the equipment. And whether you have explained the ownership of the equipment, then you share the equipment in proportion to your capital contribution. In this way, there is a partnership between you.
According to the partnership, you are jointly liable for the profit and loss after purchasing the equipment, that is, the benefits should be divided equally, and the losses should be borne equally.
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1. The ways and means of resolving economic disputes mainly include arbitration, civil litigation, administrative reconsideration and administrative litigation.
2. Arbitration and civil litigation are two different ways of dispute resolution. In the event of a dispute between the parties, only one of the two methods of arbitration or civil litigation can be selected.
3. The choice of administrative reconsideration and administrative litigation method is related to the nature of the dispute, and it can be directly sued by the court.
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Legal analysis: When a civil economic dispute arises, the parties can negotiate to deal with it, and if the negotiation fails, they can apply for arbitration or file a lawsuit in the people's court.
Legal basis: Civil Code of the People's Republic of China Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness and establish, modify, or terminate civil legal relationships in accordance with their own will.
Article 3 The provisions of this Law shall apply to the people's courts' acceptance of civil lawsuits brought by public tenants, legal persons, other organizations, and between them due to property and personal relationships.
Article 2 of the Arbitration Law of the People's Republic of China Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.
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<> "How to deal with civil economic disputes.
People inevitably deal with people in their daily life, work, and business operations. It is inevitable that there will be such and such legal relationships. At the same time, there are also some rights and obligations.
This is the civil legal relationship as defined by law. Conflicts in these legal relationships can cause or trigger civil and economic disputes.
Civil economic disputes include many types, according to the specific cause of action regulations issued by the Supreme People's Court, personality rights disputes, marriage and family disputes (including divorce, dissolution of cohabitation, custody and maintenance), real estate disputes, property rights disputes, ownership disputes, contract disputes, infringement of pure rights liability disputes and many other divisions. Each major cause of action is followed by a number of secondary causes of action. This basically covers all types of civil economic disputes.
Why do civil economic disputes arise? Due to the nature of interpersonal interactions, there will always be inconsistencies in various civil relationships. For example:
Divorce disputes may arise due to differences in life and personality after marriage, as well as disputes over the inability to continue living due to daily conflicts in living habits. When people buy or build real estate such as houses and homes for their livelihoods, there will be various legal relationships with the seller or the contractor, and if the two parties cannot reach an agreement on the agreed real estate issues, disputes involving real estate will arise. Another example is traffic accidents, online infringements, medical malpractice, online infringement, transportation liability, and so on.
There are also various contract disputes in economic transactions due to contract signing, contract performance, contract breach and so on. All are civil or economic disputes.
In the event of a civil economic dispute, there are three options available.
The first is mediation, that is, the parties to the dispute voluntarily and voluntarily reach a solution to the dispute, both parties to implement, mediation can be presided over by a third party abbot or by the grassroots mediation committee.
The second is arbitration, which submits civil economic disputes to an arbitration institution selected by both parties for arbitration, and finally the arbitration institution will adjudicate it.
The third is litigation, in which one or both parties file a lawsuit with the people's court, and finally the judgment of the people's court determines the solution to the dispute, which is the judgment. Mediation can be conducted both in court and in arbitration. Because mediation is an act of disposition of the rights of the parties.
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The economy runs through the big and small parts of our lives, and there is a lot of knowledge about the economy, but many people may not know much about it, so what are the economic disputes? Next, we will introduce you to the knowledge of economic disputes and related aspects, and hope to help you solve the corresponding problems.
1. What are the economic disputes?
Economic disputes refer to social disputes that occur between equal subjects and have economic rights and obligations as their content. There are two main types of economic disputes: one is economic contract disputes, such as sales contract disputes, loan contract disputes, construction project contract disputes, technology contract disputes, contract disputes, etc.; second, economic infringement disputes; Such as intellectual property infringement disputes, ownership infringement disputes, management rights infringement disputes, etc.
Economic litigation refers to the litigation activities of the people's courts, with the participation of the parties to economic disputes and other litigation participants, to hear and resolve economic dispute cases, as well as the sum of the litigation legal relations arising therefrom.
2. How to determine the competent court for economic disputes
1. Hierarchical jurisdiction. Hierarchical jurisdiction refers to the division of labor and authority between the lower and lower courts to accept first-instance economic cases.
2. Territorial jurisdiction. Territorial jurisdiction refers to determining the division and authority to accept disputes in the first instance of economic cases based on the parties and the relationship between the subject matter and the region. Territorial jurisdiction can be further divided into general territorial jurisdiction, special territorial jurisdiction and exclusive jurisdiction.
3. Transfer of jurisdiction and designation of jurisdiction. "Transfer of jurisdiction" means that where a people's court discovers that a case accepted is not within the jurisdiction of that court, it shall transfer it to a people's court with jurisdiction, and the people's court receiving the transfer shall accept it. However, where the people's court receiving the transfer finds that the transferred case does not fall within the jurisdiction of that court in accordance with provisions, it shall report to the people's court at the level above to designate jurisdiction, and must not transfer it on its own.
"Designation of jurisdiction" refers to where the people's court with jurisdiction is unable to exercise jurisdiction due to special reasons, the people's court at the level above is to designate jurisdiction.
3. Litigation process for economic disputes
1. Write a civil complaint, collect relevant evidence materials, and file a case with the case filing window of the people's court with jurisdiction;
2. After the case is accepted, the court will give you a notice of payment, pay the litigation fee to the bank according to the instructions, and then take the payment slip given to you by the bank to the court for exchange;
3. Wait for the court notice**, and will generally send you a summons**;
4. Appear in court to participate in the litigation at the time and place indicated by the summons;
5. After the court is held and the judgment is awaited, if the court is not satisfied with the result, it may appeal to the Intermediate People's Court from the date of receipt of the judgment to the 15th.
The above is to bring you the relevant knowledge about economic disputes, including economic contract disputes and economic tort disputes, such as sales contract disputes, loan contract disputes, construction contract disputes, technical contract disputes, etc., if you don't know anything or have other questions, you can consult a lawyer.
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Summary. Dear, the legal basis for giving you now is: Article 1089 of the Civil Code of the People's Republic of China In the event of divorce, the joint debts of the husband and wife shall be repaid jointly.
Where the joint property is insufficient to be repaid or the property is owned separately, and the two parties agree to settle the property and fail to reach an agreement, the people's court shall make a judgment. Article 1090:In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. Where the specific measures cannot be reached by agreement between the two parties, the people's court is to make a judgment.
Dear, hello, the civil economic dispute is handled as follows: the parties can negotiate to deal with it, and if the negotiation fails, they can apply for arbitration or file a lawsuit in the people's court. Article 5 of the Civil Code of the People's Republic of China [Principle of Voluntariness] Civil entities engaged in civil activities shall follow the principle of voluntariness and establish, modify, or terminate civil legal relationships according to their own wishes.
Dear, what is the situation?
The husband owes money outside, and the amount is relatively large. Now he is being taken to court. My bank card or something is frozen.
Now what.
Dear, if your husband borrows a loan after marriage, it belongs to the joint debt of your husband and wife, if it is overdue and the other party applies for enforcement, then the court will also freeze your bank card. In this case, it is recommended that you take the initiative to repay the arrears overdue, and then go to the court to apply for unfreezing after repaying the arrears, so that the bank will not freeze the card. <>
The husband owes money and is unaware. And it is not used for household expenses.
My household expenses are all my own.
It's been about four years since I was divorced.
Kiss, do you have evidence that you don't know?
Because of how much he owes, I still don't know.
Relatives, submit evidence of divorce, and you are unaware of the circumstances that show that there is no use for household expenses, and submit it to the court.
Kiss, whether the man owes the debt before or after the divorce.
The wife must prove that the deposit is her personal property in order to be exempt from court enforcement. <>
Dear, can you prove that it is your personal property that has been frozen?
Dear, the legal basis for giving you now is: Article 1089 of the Civil Code of the People's Republic of China in Qiqiao, in the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be repaid or the property is owned by each other, and the two parties agree to settle the debt, the people's court is to make a judgment.
Article 1090:In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. Where the specific measures cannot be reached by agreement between the two parties, the people's court is to make a judgment. <>
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