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What should we do next if the contents of the accident identification letter are inconsistent with the common sense of the facts?

pub****968 Henan Zhengzhou Traffic accident liability consultation 2024.06.21 06:01:08 375 people read

What to do next if the contents of the accident identification letter are inconsistent with the common sense of the facts

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fifteen billion nine hundred and ninety-three million three hundred and thirty-three thousand four hundred and eighteen (Please refer to the self-discipline chart)
Region: Henan Zhengzhou Consultation answer: 1010

Hello, is it convenient for telephone communication at this moment

2024-06-21 09:31:50 Reply
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thirteen billion five hundred and ninety-two million five hundred thousand two hundred and fifty-seven (Please refer to the self-discipline chart)
Region: Henan Zhengzhou Answer: 89986

Hello, the details are communicated by phone

2024-06-21 09:15:34 Reply
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eighteen billion thirty-seven million one hundred and sixteen thousand seven hundred and thirty-one (Please refer to the self-discipline chart)
Region: Henan Zhengzhou Answer: 20491

About how the accident happened

2024-06-21 08:50:51 Reply
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fifteen billion three hundred and thirteen million five hundred and seventy-seven thousand three hundred and seventy-one (Please refer to the self-discipline chart)
Region: Henan Zhengzhou Answer: 7157

Hello Henan Zejin Law Firm

2024-06-21 08:35:14 Reply
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fifteen billion five hundred and fifteen million seven hundred and eighty-eight thousand three hundred and two (Please refer to the self-discipline chart)
Region: Henan Zhengzhou Answer: 23738

Please describe the case in detail to help you answer it.

2024-06-21 07:04:49 Reply

If the content of the contract does not conform to the actual situation, which may involve fraud and legal form to cover up the illegal purpose, the parties may request the court or arbitration institution to cancel or confirm the invalidity. According to Article 146 of the Civil Code implemented in 2021, the civil legal act performed by the actor and the counterpart with false intention is invalid. The validity of a civil juristic act concealed by a false declaration of intention shall be dealt with in accordance with the provisions of relevant laws. Article 148 stipulates that if one party fraudulently causes the other party to commit a civil juristic act against its true intention, the fraudster has the right to request the people's court or an arbitration institution to revoke it. According to Article 146 of the Civil Code, a civil juristic act performed by the perpetrator and the counterpart with a false declaration of intention is invalid. The validity of a civil juristic act concealed by a false declaration of intention shall be dealt with in accordance with the provisions of relevant laws. Article 148 If a party fraudulently causes the other party to commit a civil juristic act against its true intention, the fraudster shall have the right to request the people's court or an arbitration institution to revoke it.

How to negotiate and settle with the operator without supermarket receipts; Request the consumer association or other mediation organizations established according to law to mediate; Bring a lawsuit to the people's court. At the same time, it also reminds consumers that after purchasing goods, they must keep the bills in order to safeguard their legitimate rights and interests. According to the law, consumers who have suffered personal or property damage as a result of purchasing or using commodities or receiving services shall have the right to compensation according to law. In civil proceedings, the parties have the responsibility to provide evidence for their claims. Therefore, when a consumer files a lawsuit for the protection of rights and interests with a consumer association or a people's court files a lawsuit for a dispute over the rights and interests of consumers, it shall provide evidence such as the date of purchase of goods or services, product name, trademark, specification, quantity, measurement, price, damage and negotiation with business operators. Legal basis:
1、 Article 11 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers: Consumers who have suffered personal or property damage as a result of purchasing or using commodities or receiving services shall have the right to compensation according to law.
2、 Regulations of China Consumer Association on Accepting Consumer Complaints
3、 Acceptance procedures and methods: In the written materials or oral transcripts provided by consumers for complaints, the date of purchase of goods or services, product name, brand, specification, quantity, measurement, price, damage and negotiation with operators shall be included, and copies of vouchers, invoices, warranty certificates and other relevant supporting materials shall be provided. Complaints with lack of vouchers and unclear conditions shall be notified to the complainant in time and accepted after the necessary supporting materials are supplemented.
3、 Article 64 of the Civil Procedure Law of the People's Republic of China stipulates that the parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or that the people's court deems necessary for the trial of the case. The people's court shall examine and verify evidence comprehensively and objectively in accordance with legal procedures. With the improvement of consumers' awareness of protecting their rights, whether consumers are going smoothly on the road of protecting their rights? In real life, they still face various difficulties, some of which are caused by consumers themselves. So we should say that consumers should have a sense of evidence in addition to the awareness of protecting their rights, because evidence is the premise of protecting their rights. What evidence can be used as the evidence of protecting their rights

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