Questions about legal disputes give rise to disputes in legal issues

Updated on society 2024-07-19
13 answers
  1. Anonymous users2024-02-13

    When you apply for enforcement, of course, you need to provide clues to the court, and it is impossible for the court to help you find clues. The Court was right.

  2. Anonymous users2024-02-12

    The speaker is the first heaven and earth source every day, quitting, I haven't heard of it, too much.

  3. Anonymous users2024-02-11

    For individuals or enterprises that refuse to perform an effective judgment, after the creditor applies for enforcement, the court generally inquires about the property status of the person subject to enforcement, and enforces it if there is property, and suspends the enforcement if there is no property (note, it is suspended, not terminated), after the suspension of enforcement, if the applicant can provide property clues, the court can resume enforcement, and for those who maliciously evade debts, the court may impose judicial detention on them (up to 15 days). In the case you mentioned, the family's agricultural goods belong to real estate, and there is no registered property rights, so it is difficult to determine their ownership, and if people cannot find them, it is difficult for the court to detain them. As for his sons and daughters-in-law, the court cannot force them to bear the liability for compensation, because they are not the subject of the judgment and are independent of their father, except for their voluntary performance of the liability for their father.

  4. Anonymous users2024-02-10

    Legal Analysis: Disputes arising from debts can be resolved through litigation.

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

    Article 2: The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties' exercise of their procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, promptly hear civil cases of frank and closed mergers, confirm the relationship between civil rights and obligations, sanction civil violations, protect the lawful rights and interests of the parties, educate citizens to conscientiously abide by the law, preserve social and economic order, and ensure the smooth progress of the cause of the establishment of social confrontation.

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

  5. Anonymous users2024-02-09

    1. If you are injured by a flower pot or roadside billboard that fell from an upstairs, or you fall into an uncovered well with no warning signs, you can take its manager to court.

    2. The ancient adage of "the father repays the debts of the son, and the husband and wife repay the debts" is not legal. If the debtor has debts that exceed the amount of his estate, you can withhold payment.

    3. The maximum time for being summoned or detained by the public security organs is 24 hours.

    4. If the defendant has not retained a lawyer due to financial difficulties, the people's court may designate a lawyer who has the obligation to provide legal assistance to you.

    5. If someone borrows money from you, you must repay it when it expires; If you do not ask for it within two years after the expiration date, you will lose your rights.

    6. If your child under the age of 18 does not return home at night, you must educate the child, otherwise you will break the law.

    7. If you have signed a labor contract with an enterprise, you cannot transfer it casually, unless you are within the probationary period agreed by both parties or the company does not pay you labor remuneration according to the contract.

    8. A mentally ill person who commits a crime while he is conscious must also bear legal responsibility, and it is important to have sufficient evidence to prove this.

    9. If you commit a crime while drunk, the law will not spare you.

    10. If you are not satisfied with the administrative organ's fine, license revocation, administrative detention and other acts, you can apply for administrative reconsideration.

    11. Regardless of whether you are young or not, you should be concerned about whether your unit participates in social insurance in accordance with the law.

    12. If you see that a gangster is committing violence against a woman, you can draw a knife and help until the criminal no longer commits the crime.

    13. The right of inheritance is equal between men and women, and the girl who marries out is not the water that is spilled, don't forget that the inheritance of your parents also has your share. However, you must fulfill your maintenance obligations.

    14. If you want to write a will, be sure to indicate the year, month and date, and sign it yourself. To let the scrivener on behalf of the testator, there must be more than two witnesses, and both the witness and the testator must sign.

    15. If you are an employee, if you want to settle a labor dispute through arbitration, you should apply to the labor arbitration commission within 60 days after the dispute occurs.

    16. If you get a gift or prize, but there is a quality problem with the gift or prize, you can still ask the seller for repair, replacement, or compensation.

    17. If there is a quality problem in the goods you buy, causing injury to your person or property, if you want to sue, you should sue within two years, and if you sue again after two years, the court will not accept it.

    18. During the period of pregnancy and within one year after the birth of the husband and wife, the man shall not file for divorce. If the husband and wife have been separated for more than two years due to emotional incompatibility, one party shall file for divorce with the court, and if mediation fails, the court may make a judgment for divorce. After a divorce, the child is raised by one of the spouses, and the other parent has the right to visit the child.

    19. The probationary period of the labor contract shall not exceed 6 months. During the probationary period, the employee can terminate the employment contract at any time. If you are suffering from illness, or if you are pregnant, giving birth, breastfeeding, or suffering from an occupational disease or work-related injury and are recognized as having lost or partially lost your work, your employer cannot terminate your contract.

  6. Anonymous users2024-02-08

    1. Remedies in the event that the Board of Directors and the Board of Supervisors collude to infringe on the interests of shareholders.

    According to the design of the Company Law, if the board of directors deliberately harms the interests of shareholders, but the board of supervisors responds passively within 30 days and does not file a lawsuit for infringement (or if the situation is urgent and does not immediately file a lawsuit, it will cause irreparable losses), the shareholders can directly file a lawsuit against the shareholders.

    However, if the Board of Directors and the Board of Supervisors collude, the interests of shareholders will be harmed. The Supervisory Board filed a lawsuit, and at that time it was not considered an emergency or irreparable damage. In that case, the shareholder does not comply with the provisions of the Company Law and has no right to file a lawsuit under Article 153.

    2. China's company law does not stipulate the time node of equity change.

    We know that there needs to be a node to mark the completion of the transfer of rights. For example, if the creditor's right is assigned, it shall take effect when the notice reaches the debtor; If the movable property is transferred, it shall take effect from the time of delivery; The transfer of immovable property shall take effect at the time of registration of the change.

    However, the Company Law, as the basic law in the commercial field, has not stipulated the node of equity transfer until now.

  7. Anonymous users2024-02-07

    The most effective way to deal with contract disputes: There are many ways to resolve contract disputes, such as negotiation, arbitration, mediation, litigation, etc., and the most effective way is to file a civil lawsuit with the court. According to Article 233 of the Civil Code, if the property right is infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means.

    Article 3 of the Civil Procedure Law: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them due to property and personal relationships. Article 93:People's courts hearing civil cases are to distinguish right from wrong and conduct mediation on the basis of the principle of the parties' voluntariness and on the basis of clear facts. Article 2 of the Arbitration Law stipulates that disputes over contracts, disputes, and other property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

  8. Anonymous users2024-02-06

    In any case, the mall should be held responsible, but whether there is a quality problem or not only affects whether the advertising company can recover it.

    Relevant legal provisions: If a building, structure or other facility and its shelving or hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

  9. Anonymous users2024-02-05

    In this case, if it is not force majeure, both the design company and the advertising company should be liable. Party A, Party B and the advertising design company shall be jointly and severally liable for the compensation for the losses of C.

  10. Anonymous users2024-02-04

    If a billboard in a shopping mall injures a passerby, it should of course claim compensation from the shopping mall that bears management responsibility on the grounds that the improper management endangers public safety, and then the shopping mall can file a claim for compensation against the advertising company for product quality problems.

  11. Anonymous users2024-02-03

    1.According to Article 1253 of the Civil Code, if the manager, user or owner cannot prove that he is not at fault, he shall be liable. The question is the responsibility of the advertising rights holder.

    2.The manager, user, owner, and other responsible persons of shopping mall A have the right to recover. Person in charge of the content of the advertisement.

  12. Anonymous users2024-02-02

    The situation you said is not very clear, I guess what you mean, to give you a few suggestions:

    1. What do you mean when you say that your family's current small project is for others? Whether it is free help, subcontracting, or contracting, or the person hired by your father belongs to the management of the employer, which makes a big difference.

    2. Let me briefly tell you that according to the newly promulgated Tort Liability Law, the subject and scope of civil liability for the above situations are quite different.

    Let me briefly say that if it is a contract, the custom-made party does not need to be liable.

    But if your dad and the workers are managed by someone else, then in fact your dad and the workers are other people's employees, then the managers of your dad and the workers will be civilly liable.

    If it is purely helping, then the person being helped is liable for civil liability.

    3. No matter what the nature is, the person who drives by the boat next to him should be said to be liable, and of course he is unwilling to compensate because he can't do it.

    4. Since the situation you said is not clear, I am not sure what type of contract it belongs to, I suggest that you consult a professional lawyer.

    5. It is better to reconcile or reconcile. Of course, if no one else is willing to pay for the loss and does not agree to settle, you have no choice but to sue through the court, and note that the subject of the lawsuit is the injured person.

    I don't know if it will help you, but I recommend that you refer to the Tort Liability Law and consult a lawyer if necessary.

  13. Anonymous users2024-02-01

    What is the relationship between the injured person and your family, i.e. if the worker is hired by your father, then your family is responsible. Your father's boss should be held accountable as the beneficiary, but not all.

    The cause and responsibility of the injured person shall be determined by the maritime department, and the corresponding party shall be held accountable according to the cause and responsibility.

    As a person with full capacity for civil conduct, workers also have certain responsibilities themselves.

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