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Summary. Hello, it is not recommended that you move at this time, the period of seizure is 1 month, the maximum is 2 months, and it is not too late to move then. If the lessee's goods belong to a cause of seizure other than the expiration of your lease contract, the court will not agree to remove the goods until the case is closed.
In the above situation, you can go to the court to sue your tenant for refusing to let the house when the contract expires, and ask the court to order the tenant to move out the goods within a time limit and compensate for the economic loss after the deadline. In this way, there are two plaintiffs and one defendant, and the court will deal with it comprehensively to speed up the process of closing the case, so as to protect your legitimate rights and interests.
If the factory machinery is seized by the court, can the factory be moved when the contract expires?
Hello, the lawyer is at your service.
Hello, it is not recommended that you move at present, the period of seizure is 1 month, the maximum is 2 months, and it will not be too late to move when the time comes. If the lessee's goods belong to another cause of action other than the expiration of your lease contract and are seized, the case needs to be closed, and the court will agree to remove the goods from Huihui. In the above situation, you can go to the court to sue your tenant for refusing to let the house when the contract expires, and ask the court to order the socks to move out of the goods within the time limit and compensate for the economic losses within the time limit.
In this way, there are two plaintiffs and one defendant, and the court will deal with it comprehensively to speed up the process of closing the case, so as to protect your legitimate rights and interests.
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According to the mainstream concept of equipment relocation, it is mainly to see whether the use value of machinery and equipment is reduced because of relocation, and if the loss is reduced to more than 50% under normal circumstances, then it can be directly identified as an immovable appendage of the machinery and equipment. That is to say, if the machinery and equipment have a certain impairment due to relocation, but the degree of impairment is very low, and it can be compensated with money, then it belongs to the movable machinery and equipment in the relocation process. On the contrary, it is immovable machinery and equipment.
Secondly, how to compensate for movable machinery and equipment and immovable machinery and equipment. After distinguishing the machinery and equipment, according to its different properties and different compensation standards, it is necessary to see the essence through the phenomenon. Movable machinery and equipment is actually the compensation of relocation costs, because for movable machinery and equipment, it is to load and unload the machinery and equipment from A to B, and then debug and install, which is not the calculation of relocation costs?
Some places say that the relocation fee should be demarcated at one time, but we believe that this is not in accordance with the regulations, and it is correct and reasonable to determine the compensation according to the actual relocation expenses incurred. Immovable machinery and equipment is actually the replacement of machinery and equipment to a new price. The relocation of immovable machinery and equipment is the same as the plant, that is, according to the reset to the new standard, if the equipment is now bought and sold, it is converted into a discount rate, for example, the depreciation rate of the machinery and equipment is seventy, then 10,000 yuan of machinery and equipment will be 70%, and the compensation price is 7,000 yuan, which is the calculation method of the compensation value of immovable machinery and equipment.
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First of all, it should be made clear that the current Contract Law establishes the principle of "freedom of contract", under this principle, as long as the content of the agreement between the parties does not violate the mandatory provisions of the law, it is generally legally effective (of course, it cannot violate public order and good customs and endanger the interests of third parties), so your original contract is valid.
Secondly, in essence, the issue between you is the liability for breach of contract in the performance of the contract, which should be judged according to the specific provisions of the contract. Until both parties agree on a change to the contract, either party shall strictly perform the contract. If the other party refuses to pay the lease fee, you can unilaterally terminate the contract if you are urging you.
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