A friend of mine, she broke up with her boyfriend. Her boyfriend followed me into my friends public dormitory and refused to leave. It would cost fifteen thousand yuan to break up. But my friend didnt go out to eat with him many times, and didnt take his money. If he didnt give money, he wouldnt let my friend go out of the dormitory. He kept pushing. My friend asked me to call the police. The next morning, the police couldnt get rid of him. Later, he stole my friends graduation certificate and bank card. If he didnt give me money, he wouldnt give it back. What should I do?
Hello, according to your description, your friend and the man were only in love before. Now we will make the following legal analysis on the problems you encounter:
First of all, during the period of love between men and women, one party voluntarily buys gifts for the other party and invites them to eat, etc. all belong to the act of donation. Generally, the donator cant revoke the donation after the transfer of the right of the donation property. Therefore, even if both men and women break up, the man has no right to ask the woman to return the property he gave her during his love, and there is no legal basis for the man to ask the woman for the break-up fee.
Secondly, according to Article 49 of the law of the peoples Republic of China on administrative penalties for public security, Whoever steals, swindles, plunders, seizes, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than 10 days and may also be fined not more than 500 yuan; if the circumstances are relatively serious, he shall be detained for not less than 10 days but not more than 15 days and may also be fined not more than 1000 yuan.. The man blocks the woman from leaving the dormitory, and steals her graduation certificate and bank card, thus threatening her to pay the break-up fee. Blackmail constitutes blackmail, which is an illegal act. If the man increases the force and demands the woman to hand over the property by means of threat, blackmail, intimidation, etc., the serious case may also be suspected of criminal offence.
Finally, the above disputes are caused by the emotional problems of both parties. In order to avoid further intensification of the conflicts, it is suggested that both parties should actively negotiate to solve them. If the negotiation fails, the man continues to take threats to ask for the break-up fee. It is recommended that you keep relevant evidence in time, such as chat records, and then call the police to solve the problem.
Because I belong to other provinces, I have no qualification to buy a house, so I bought a set of commercial residence with my girlfriends name. I will pay 280000 yuan for the down payment and 70000 yuan for the woman. The loan has been repaid by the woman every month, and I have been paying down the down payment of foreign debt. Now that the relationship is broken, how can I deal with the 280000 I want to get back? The woman didnt agree to give me the money, just to sell the house, but now it cant be sold for policy reasons. What should I do?
Hello, according to your description, you and your wife are jointly funded to purchase the house. Now we make the following legal analysis on the problems you encounter:
First of all, you and your wife have not registered for marriage, and the house is purchased by both parties joint investment. According to Article 103 of the property law, if you have no agreement on the house property or the agreement is not clear, it shall be deemed that you share it by shares. In addition, according to Article 104 of the property law, if you have no agreement or unclear agreement on the respective shares of both parties, it shall be determined according to your respective capital contribution; if you cannot determine the amount of capital contribution, it shall be deemed that you enjoy the same amount.
Secondly, 280000 is not a small amount. The woman may not be able to pay so much cash directly. If both parties have no objection on the amount, it is suggested to adopt installment payment and give the woman time to raise money. If the other party still disagrees, and the house cannot be traded due to policy reasons, we suggest that you wait until the expiration of the sales restriction period to sell the house, and then split the house price.
In addition, if there is a dispute between the two parties over the share of the real estate and the way of division, you can also file a lawsuit with the court, apply for auction of the real estate after mediation or judgment by the court. Although your house is limited in sales, in judicial practice, the implementation of the auction house is generally not affected by the purchase and sales restriction policies. However, it takes money and time to bring a lawsuit. It is suggested that both parties should actively negotiate to solve the problem.
The above answers hope to help you!
Excuse me, my feet were scalded by my colleagues unintentional sprinkling of boiling water at work. The hospital said it was a second degree scald, which is basically good now, but most of the epidermis has been necrosis. Excuse me, can I ask for other compensation in addition to asking the company to stop work and pay for medical expenses? Or can I ask my colleague for compensation for the scald?
Hello, according to your description, you are scalded by a colleague at work. Now, I will make the following analysis on the compensation issues involved in the scald:
First of all, according to the relevant provisions of Article 14 of the regulations on work related injury insurance, if you are accidentally scalded by your colleagues while working in the workplace, you can enjoy the treatment of work related injury insurance in accordance with the law and meet the conditions for determining work related injury. The treatment items of work-related injury insurance generally include the salary during the period of suspension of work, medical expenses, in-patient food allowance, transportation, board and lodging for medical treatment in other places, and rehabilitation treatment expenses. If the disability is constituted, there is also a one-time disability allowance, etc. You can according to own situation concrete claim above inductrial injury insurance treatment.
Secondly, Article 34 of the tort liability law stipulates that if the employees of the employer cause damage to others due to the performance of their work tasks, the employer shall bear the tort liability. According to the special provisions of the law on the subject of tort liability, your colleagues accidentally scald you at work. If the employer and the work injury insurance fund have paid insufficient work injury insurance benefits to make up for your losses, you should continue to claim compensation from the company rather than your colleagues.
Finally, it is recommended that you fix the relevant evidence proving your loss in time and actively negotiate with the company for compensation. If the two parties fail to reach an agreement, you can file a lawsuit for infringement and ask the court to order the company to compensate you for your loss according to law.
The above is all analysis and answer, hope to help you!
When I was working in the private sector, my boss deducted the corresponding endowment insurance from my salary for many years, but I didnt pay it to the insurance institution. I didnt know the situation until I wanted to leave. After consulting with the boss, I made a note of the corresponding endowment insurance. Two years later, the boss didnt give it. After the lawsuit, the debtors bank card had no capital, only the factory. The lawyer suggested that it would take half a year to pay for out of court mediation. What if I dont agree with out of court mediation? How can I better protect my legitimate rights and interests?
Hello, according to the description, you have entered the litigation process. Now, I will answer your confusion as follows:
First of all, the litigation procedure is relatively long. According to articles 149 and 161 of the civil procedure law, the common procedure of civil procedure needs six months and the summary procedure needs three months, and the possibility of appeal of both parties is not excluded after the first trial. The facts of your case are relatively simple and clear, and the amount involved will not be large. If both parties are willing to mediate, it can save time and money costs, improve judicial efficiency, and the lawyers advice is not unreasonable.
Secondly, because you have filed a lawsuit, if you both reach a mediation agreement, the peoples court will issue a mediation document, which will have legal effect after signed by both parties. However, mediation requires the willingness of both parties. If you do not agree to mediation, the court will make a judgment in time according to the facts and laws.
Finally, although there is no fund in the other partys account, you can investigate the other partys other movable or real estate information according to law, and propose to apply to the court for property preservation after finding the property clues. If the other party refuses to perform the effective judgment or mediation document, you can apply to the court for compulsory execution according to Article 236 of the civil procedure law. If the other party is able to perform but refuses to perform, it is suggested that you apply to the court for listing it as the person who is dishonest to be enforced.
The above is all the answers to the questions. I hope it can help you!
Hello, we took over a fast hotel in Dongguan. The fee has been paid 98% to the transferor. Now he has passed a business license to us. The health license and special industry license have not been transferred. Looking for him now, he doesnt perform the contract at all, and we only know now that he doesnt have a fire certificate. Now all departments are looking for him. Its very difficult for us to operate now. Can we ask him for a refund?
Hello, according to your description, you paid 98% of the transfer fee to the other party. The other party failed to transfer the hygiene license and special industry license as agreed, and concealed the important fact that there was no fire protection certificate. Now, we make the following legal analysis on the contract dispute between you and the other party:
First of all, according to your description, because you havent paid the whole transfer price, whether the other party should transfer the health license and special industry license to you depends on how your transfer contract is agreed. If the other party does breach the contract and should transfer the above certificates according to the agreement, you can ask the other party to perform the obligation of transfer certificate and bear the corresponding liability for breach of contract.
Secondly, with regard to the cancellation of the contract and the refund of the other party, if the terms of the transfer contract have an agreement on the termination of the contract, it shall be handled in accordance with the agreement. If there is no agreement to terminate the terms of the contract, but there is no health license, special industry license and fire-fighting certificate, so that you cannot continue to operate, you can exercise your legal right to terminate in accordance with Article 94, paragraph 1, item 4 and 96 of the contract law. After the termination of the contract, according to the relevant provisions of Article 97 of the contract law, you can ask the other party to return the paid transfer price and ask the other party to bear the corresponding liability for breach of contract. In addition, you also need to return the hotel to the other party and cooperate with the other party to change the business license. The above is all the answers, hope to help you!
Thank you lawyer on duty:
Song chengshuai (Zhengzhou, Henan)
A long way
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Source of this article: CCTVs statement today, editor in charge: Shi Jianlei, nbj11331