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Whether the house that has received the transfer deposit can be rented under the Civil Code

The deposit system exists in money or other forms and has the nature of security. The delivery of the deposit indicates the establishment of the contract. If one party breaches the contract, it will lose the deposit, while the receiver of the deposit will have to return double the deposit. In the housing transaction, the transfer must be performed in good faith after the deposit is collected. In case of breach of contract, the defaulting party shall pay double down payment and compensate the Seller for actual losses. Therefore, the house that has received the deposit shall not be rented at will, or it will bear legal liability. #Contract affairs 1259 readings
What kind of treatment will be faced if the contract is violated

Breach of contract refers to the breach of regulations during the execution of the contract, and the breaching party needs to take remedial measures to protect the rights and interests of the observant party. The observant party has the right to request performance of the contract, payment of liquidated damages and compensation for losses. However, if the breach is caused by force majeure, it shall not be deemed as breach of contract. According to Articles 577 and 578 of the Civil Code, the breaching party shall be liable for continued performance, remedy and compensation, unless the breach is caused by force majeure. If one party is obviously unwilling to perform, the other party may apply for breach of contract liability before the performance period. #Contract affairs 811 readings
Under what circumstances can contract performance be suspended

During the performance of a contract, one party may suspend the right of performance to protect its own rights and interests when the other party is in business difficulties, dishonest (such as transferring assets) or unable to perform, which is called suspension of performance. This is the embodiment of the right of uneasy defense. The Civil Code stipulates that the right of suspension may be exercised when the party giving priority to performance has sufficient evidence to prove that the other party has seriously deteriorated its operations, transferred assets and other acts. After the contract is proved in written form, the performing party has difficulty in performing and meets the conditions that the other party does have relevant problems. The party that fails to provide evidence will be liable for breach of contract. The exercise of suspension of performance requires written evidence and the other party has the risk of bad behavior or debt performance. #Contract affairs 1276 readings
Whether the contract signed on behalf with the power of attorney has legal effect

The contract existing in the certificate of authorization usually has legal effect, but the effect of the unauthorized contract signed on behalf of the agent is to be determined, and it will take effect only after the agent confirms it. The legal power of attorney certificate indicates that the holder has the power of agency, and the agency can be generated based on the entrustment, legal provisions or designation, such as litigation agency. The acts of the agent shall be of legal significance and the principal shall be liable. Marriage registration, making a will, etc. must be done in person and cannot be represented. The power of agency is divided into entrusted agency (determined), legal agency (such as the agency of minors' parents) and appointed agency (designated by the court). Certain acts must be carried out in person and may not be represented by others. #Contract affairs 1180 readings

How should I deal with non payment of personal debt

Holding a sales contract or receipt certificate indicates that there is a legal business relationship with the customer, and the evidence includes the delivery list, receipt and VAT invoice. Transaction can be confirmed through statement without written evidence. The time limit for payment disputes is two years, beyond which the right to win may be lost. It is suggested to confirm the payment term. Generally, the time limit for "payment on delivery" is calculated from the date of signing for receipt, or the expiration date if agreed. Ensure that legal action is taken in a timely manner to protect rights and interests. #Contract affairs 1298 readings
What are the provisions on contract dissolution

The Civil Code stipulates that the termination of the contract can be achieved through the negotiation of both parties or the termination conditions set unilaterally. The contract can be terminated in advance under five circumstances such as force majeure, and the continuous contract can be terminated and notified to the other party before a reasonable period. The right of rescission is limited by the time limit. If it is not exercised within the time limit, it will become invalid. The termination of the contract requires a written notice, and the objection can be confirmed through judicial or arbitration institutions. After the termination of the contract, part of the obligations are suspended, and the completed part may not need to be restored, and the defaulting party shall bear the responsibility, unless otherwise agreed. #Contract affairs 1248 readings
What are the common forms of written contracts

A contract, which is embodied in written form, such as a contract, letter, and data message, is a legally established rights and obligations agreement reached by consensus among subjects and protected by law. The contract embodies equal consultation and aims to change or eliminate the relationship between creditor and debtor, which is a legal act. Similar to the agreement, the agreement reached by both parties voluntarily constitutes a contract, which has legal effect, but minors need special consideration when signing the contract. Notarization is not necessary. Generally, two contracts can be mutually executed. Naming does not affect its legal benefits, as long as it complies with laws and ethics. #Contract affairs 831 readings
Whether the seal of the project department can be used for signing the contract

It is not recommended to use the seal of the Project Department in contract signing, because the Project Department is not an independent legal person and has no independent legal effect. According to law, the contract must be stamped with the special seal for contract or the company's official seal to ensure the legal effect. The effectiveness of the seal of the project department is limited by its scope of responsibility, while the company's official seal represents the company's full power position, which is more effective. The signing shall ensure that both parties have civil capacity and conform to public order and good customs. #Contract affairs 1369 readings

Win the lawsuit Property service disputes

Agent: Appellee result: Win the lawsuit

My value: According to the evidentiary materials between the two parties, the focus of the property service contract, the appellant's waiver of self rights in the contract or in the process of employing the property company, and the relevant provisions of property service management, all the appellant's appeals were rejected and the original judgment was upheld. Detailed case>
Win the lawsuit Finally get back the money that was owed for many years

Agent: plaintiff result: Win the lawsuit

My value: Help the parties to reduce the burden of litigation and get back the payment for goods that have been in arrears for many years Detailed case>
Win the lawsuit Others said there was no hope, and the lawyer intervened to help you get back the demolition money

Agent: plaintiff result: Win the lawsuit

My value: Retrieve evidence repeatedly, negotiate with the other party repeatedly, and actively mediate while preparing for a hard verdict, so as to finally win the judgment Detailed case>
The other party paid the money before the plaintiff paid the fee, and the plaintiff withdrew the lawsuit without paying the fee A petition to help the party get back the rental cost of the excavator that has not been returned for many years

Agent: plaintiff result: The other party paid the money before the plaintiff paid the fee, and the plaintiff withdrew the lawsuit without paying the fee

My value: After being handed over to the lawyer, Zeng was not involved in the whole process of the case, but was handled by the lawyer. Finally, when the legal fees were not paid, he got back all the rental fees at one time, which saved the time and money costs of the parties to the greatest extent. Detailed case>

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