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  • According to the relevant provisions of the Civil Code, when the debtor of the joint and several liability guarantee fails to perform the due debts or the circumstances agreed by the parties occur, the creditor may request the debtor to perform the debts, or request the guarantor to assume the guarantee liability within the scope of his guarantee. If the guarantor bears joint and several suretyship liability, the creditor may directly demand the guarantor to repay the debt if the debtor fails to perform the debt within the time limit. If the guarantor fails to repay the debt, the creditor may bring a lawsuit to the court.
    #Mortgage guarantee Views: 0
  • The way to deal with the problem of always delaying the repayment of arrears should be that the parties can solve the problem through consultation, mediation, arbitration or litigation. When the creditor brings a lawsuit to the people's court, it needs to prepare the identity documents of the parties and other materials needed for the lawsuit. Arrears may not be detained. After the judgment of the court, if the obligor has the ability to execute but fails to do so, he will be detained, fined, and in serious cases will also constitute a crime.
    #Recovery of arrears Views: 0
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 Li Kaijie, lawyer of Fenyi County
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  • According to Chinese law, the legal age of marriage for women shall not be less than 20 years old. To register for marriage, you need to prepare detailed information and follow the procedures. First, both parties need to provide valid ID cards, household registers and recent bareheaded photos. Then, go to the local marriage registration office to submit an application and fill in the marriage registration form. After verification, get the marriage certificate and complete the marriage registration. In this process, both parties need to ensure that the information is true, legal, and willing to marry, so that they can successfully enter the marriage palace.
    2024-07-02 10:33:00 Number of helpers: 1935
  • The division of property after marriage follows the principle of fairness to ensure the legitimate rights and interests of both parties. The common property shall be divided equally, taking into account the contribution and care of children and women's rights and interests. Personal property shall belong to each other and shall not be infringed upon. The division shall be negotiated, and if it is impossible to negotiate, it can resort to law. The above principles are aimed at maintaining the stability and fairness of marital property relations.
    2024-07-02 10:30:00 Number of helpers: 1667
  • Suggestions on the settlement of marital property disputes: the man's personal property, the woman's exclusive right to use it, and the ruling should be made together when the marriage breaks down. The husband's family property is shared by the wife's family and can be mediated in case of breakdown; If they fail to do so, they will not be subject to substantive disposal, and the parties will be informed to handle the dispute separately as an independent case.
    2024-07-02 10:30:00 Number of helpers: 1428
  • Legal consequences of violating the maintenance obligation: If the adult children have the ability to support but refuse to perform, the parents can request the implementation and payment of maintenance through judicial means, which may lead to the redistribution of property. Those who neglect or violate their maintenance obligations, if the circumstances are serious, may constitute the crime of abandonment and face fixed-term imprisonment, detention or public surveillance of less than five years.
    2024-07-02 10:18:00 Number of helpers: 1455
  • A guarantor pending trial may apply orally or in writing, in accordance with Article 67 of the Criminal Procedure Law of the People's Republic of China. The people's court, the people's procuratorate, and the public security organ may decide to obtain a guarantor pending trial for eligible criminal suspects or defendants. Both oral and written applications shall be executed by the public security organ.
    2024-07-03 10:51:00 Number of helpers: 1142
  • According to Article 95 of the Criminal Procedure Law of the People's Republic of China, after the criminal suspect or defendant has been detained for three months, the procuratorate may recommend release or change the compulsory measures if it considers that there is no need to continue the detention. The relevant department shall notify the procuratorial organ of the handling result within ten days.
    2024-07-03 10:51:00 Number of helpers: 1151
  • According to Article 47 of the Criminal Law of the People's Republic of China, fixed-term imprisonment starts from the date when the judgment comes into effect. The period of prior custody may be converted into the term of imprisonment. Obtaining a guarantor pending trial is a compulsory measure to allow eligible suspects or defendants not to be detained temporarily and maintain their daily life in criminal proceedings. Obtaining a guarantor pending trial is not equivalent to custody, so the period of obtaining a guarantor pending trial is not included in the term of imprisonment. The current law clearly stipulates that the period of obtaining a guarantor pending trial shall not be regarded as a term of imprisonment.
    2024-07-03 10:51:00 Number of helpers: 1964
  • According to Article 264 of the Criminal Law of the People's Republic of China, thieves over 60 years old are convicted according to the amount of money and the circumstances, and those involved in heavy sums of money or serious circumstances may face fixed-term imprisonment and fines. However, according to Article 17-1, those over 75 years of age may be given a lighter or mitigated punishment. Therefore, the judgment of a thief over 60 years old should take into account the facts of the case, the amount of money, the circumstances and the age factors, and be decided by the court at its discretion.
    2024-07-03 10:51:00 Number of helpers: 1477
  • Generally, when a worker voluntarily proposes to resign, the employer does not have the obligation to provide economic compensation. This is because resignation is a voluntary choice made by workers, not a dismissal or contract termination caused by employers. Therefore, in the case that the employee voluntarily proposes to resign, unless otherwise agreed by both parties, the employer does not need to pay the economic compensation related to the termination of the contract. This is based on the general principles of the Labor Law, aiming to safeguard the legitimate rights and interests of both labor and management and the principle of fair trade.
    2024-07-02 10:30:00 Number of helpers: 1301
  • If the employer fails to pay the employee compensation on time, the non competition agreement will automatically become invalid. If the payment is stopped after the part has been paid, the employee has the right to urge in writing. After being urged to do so, if the employer still fails to pay, the employee can be exempted from the obligation of non competition and does not need to return the compensation received. This action protects the rights and interests of employees, ensures the timeliness of compensation payment, and maintains the fairness and effectiveness of the non competition agreement.
    2024-07-02 10:30:00 Number of helpers: 1512
  • Suzhou's new regulations on salary tax deduction: the threshold is 5000 yuan, and the tax rate is calculated according to the official tax rate table. The tax rate of salary is 0% for 1000-5000 yuan, 3% for 5000-8000 yuan, 10% for 8000-17000 yuan, 20% for 17000-30000 yuan, and 25% for 30000-40000 yuan.
    2024-07-02 10:18:00 Number of helpers: 1732
  • Under the labor law environment, if no labor contract is signed, the worker should ask the employer to sign it immediately, and the employer has the responsibility to sign a labor contract with the employee. If the employer fails to fulfill this obligation, the employee has the right to ask for double pay after working for one month.
    2024-07-02 10:06:00 Number of helpers: 1875
  • According to Article 15 of the Law of the People's Republic of China on Administrative Penalties for Public Security, if an intoxicated person endangers his or her own safety or that of others, he or she should take protective measures until he or she is sober. In case of violation of Article 60, such as concealing, transferring property, forging evidence, etc., they will be detained for not less than five days but not more than ten days and fined 200 to 500 yuan. Detention treatment shall first ensure personal safety, and then determine punishment measures according to the situation.
    2024-07-03 10:39:00 Number of helpers: 1159
  • According to Article 133 of the Criminal Law, the crime of causing traffic accidents is a criminal act that violates traffic regulations, causes major safety accidents, and endangers the safety of citizens' lives and property. If the perpetrator escapes or the circumstances are bad, he or she will be subject to heavier punishment, especially the death caused by escaping, and will face severe legal sanctions.
    2024-07-03 10:39:00 Number of helpers: 1884
  • According to Article 133 of the Criminal Law, drunk driving is a crime of dangerous driving and should be subject to criminal punishment. Detention of drunk drivers is part of their criminal acts. Whether serious consequences are caused or not, they must bear criminal responsibility. Criminal detention is a compulsory measure in criminal proceedings, which aims to guarantee the proceeding of the proceedings and impose temporary coercion on suspects for in-depth investigation and trial.
    2024-07-03 10:33:00 Number of helpers: 1439
  • Article 133 of the Criminal Law stipulates that the crime of causing traffic accidents in Nangong District: Violation of traffic laws and regulations resulting in serious injury, death or heavy property losses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Escape or have bad circumstances, sentenced to three to seven years of fixed-term imprisonment; If escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years. The judgment basis includes accident consequence, responsibility and escape behavior.
    2024-07-03 10:33:00 Number of helpers: 1169
  • In the face of unpaid loans from relatives, creditors can take a variety of effective recovery methods. First, friendly communication can be made to clarify the repayment plan. If it is invalid, you can remind in writing or seek legal means, such as prosecution or mediation. At the same time, it is very important to retain the evidence of borrowing to ensure that the rights and interests are not damaged.
    2024-07-02 10:30:00 Number of helpers: 1788
  • The limitation of action for loan cases is three years. The limitation period shall be calculated from the date when the parties know or should know that the rights and interests of the debtor are damaged. However, it should be noted that the court will no longer protect such claims if it has been more than 20 years since the date of impairment of rights and interests. Therefore, creditors should exercise their rights in a timely manner so as not to miss the limitation of action, which will lead to the failure of legal protection of their rights and interests. In a loan transaction, both parties shall clearly agree on the repayment period and retain relevant evidence to prove their rights and responsibilities when necessary.
    2024-07-02 10:15:00 Number of helpers: 1127
  • The law stipulates that the limitation of action is generally three years. If the IOU does not specify the repayment period, it is deemed that both parties have different understanding. If there is evidence proving the exercise of rights, the limitation of action shall be recalculated; If there is no evidence, the twenty year limitation applies. A lawsuit can be filed within 20 years from the loan behavior, but if the lawsuit or request is filed more than three years after the first claim, the right to win will be lost.
    2024-07-02 10:15:00 Number of helpers: 1482
  • If the online loan is overdue for three years, you can file a lawsuit to the court. However, attention should be paid to the limitation of action. If the borrower does not raise an objection, the court will accept the creditor's lawsuit. Creditors can safeguard their interests by sending a call notice or reaching a new repayment agreement. Affirming debts with signature or seal, or reaching a new agreement, can make creditor's rights and debts protected by law. Creditors shall safeguard their rights according to law.
    2024-07-02 10:03:00 Number of helpers: 2010
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 Li Kaijie, lawyer of Fenyi County
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