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  •  Contract lawyer of Haishu District Zhou Linhang
    Zhejiang Jingheng (Ningbo) Law Firm Floor 29, Building 3, Greenland Center, No. 199, Renmin Road, Jiangbei District
    five branch

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    Number of helpers: 9999+
    #Lawyer label: team player, rich professional experience
    159-6890-2180
    More> #Lawyer introduction: It is convenient to meet at Jian'ao Village, Qinyuan Street, Tangcun Village and Wuyishan Road. Implement standardized, tangible and team based criminal defense/civil agency, and provide a variety of cost-effective solutions according to the different needs of clients. It has obtained several cases of obtaining guarantees, not approving arrests, not prosecuting, suspended sentences, commuted sentences, and terminating investigations. Ningbo has been practicing for many years, handling cases all over the country, and is online from time to time, with detailed consultation available for payment.
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  • According to the explicit provisions of Article 224 of the Criminal Law of the People's Republic of China, the conditions for the establishment of the crime of contract fraud must have the following elements: first, the actor must have the subjective intention of illegal possession; Secondly, in the process of signing and performing the contract, it used deception to obtain the financial resources of the other party. Therefore, those contracts involving the crime of contract fraud are deemed invalid due to the lack of effective elements stipulated by the law. #Contract affairs 1179 readings
  • The common means of contract fraud include: 1. making up a unit or signing a contract in the name of others; 2. Use forged bills or false ownership certificates as security; 3. Induce the other party to perform more contractual obligations without actual performance ability; 4. Escape from hiding after receiving property; 5. Obtaining property by other fraudulent means. These acts are aimed at illegal possession of other people's property through deception. #Contract affairs 1440 readings
  • The crime of contract fraud involves the illegal possession of other people's property in the process of signing and performing the contract by means of fraud. According to Article 222 of the Chinese Criminal Law, such criminal acts include: making up a unit or signing a contract in the name of another person; Use forged or invalid bills and property certificates as security; Induce the other party to sign a larger contract without actual performance capability; Evading performance of obligations after receiving property; And other fraudulent means to defraud property. #Contract affairs 1477 readings
  • According to Article 224 of the Criminal Law of the People's Republic of China, the constitutive elements of the crime of contract fraud include: signing a contract with a false identity, forging bills or property rights certification guarantees, inducing the other party to continue signing the contract without performance ability, evading or using other fraudulent means to obtain property after collecting money, and having the purpose of illegal possession. Although the law does not specify the amount standard, the case can be filed only when it reaches the "large amount" specified in the judicial interpretation or local regulations. The specific amount threshold shall refer to relevant regulations. #Contract affairs 916 readings
  • In the crime of contract fraud, "fabricating facts" includes five main acts: one is to sign a contract with fake identity; The second is to use false or invalid bills and property certificates as security; The third is to cheat the other party to continue signing the contract by partially performing when the other party is unable to perform; The fourth is to escape after obtaining the other party's property; Fifth, defrauding property through other means such as false propaganda. These acts constitute the crime of contract fraud. According to Article 224 of the Criminal Law, they will be subject to criminal punishment according to the amount of fraud and the circumstances. #Contract affairs 1410 readings
  • Chinese law has no mandatory provisions on liquidated damages for termination of contracts, which are usually determined according to the actual damage of the defaulting party to the opposite party. The amount of liquidated damages shall refer to the agreed terms in the contract. If there is no clear provision or unclear expression, the actual loss or contract price shall be taken as the calculation basis. In practice, judges will make flexible decisions according to specific circumstances. #Contract affairs 1489 readings
  • As a civil dispute, construction contract disputes are not subject to the limitation of prosecution, and the Limitation of Action Law of the Civil Code of the People's Republic of China is applicable. The limitation of action for general construction contract disputes is three years, counting from the date when the rights and interests are damaged, and the court will no longer protect them if they exceed twenty years. The time limit for a party to make a request for protection of the rights and interests of the civil law is three years. Under special circumstances, the prescription provisions may be different, subject to the date when the injured party learned of the loss of rights and the obligor. #Contract affairs 1246 readings
  • China's law does not mandate the specific time of litigation for breach of contract, but the limitation of action for general civil rights and interests cases is three years. If there are special regulations under special circumstances, they must be complied with. The purpose of limitation of action is to protect the obligee and claim the rights and interests within the statutory time limit. Overdue delay may lead to the loss of the right to win the lawsuit, and the obligor can defend against it. #Contract affairs 1029 readings
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