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Under what circumstances can we get punitive compensation for housing sales? The punitive compensation system stipulated in the judicial interpretation of commercial housing sales contract is of great significance for the protection of the legitimate interests of the buyer, the effective sanction of the seller's fraud and malicious breach of contract, the maintenance of the transaction security of the real estate market, and the promotion of the construction of social integrity. This paper first expounds the characteristics of punitive compensation in commercial housing sales contract, and then discusses how to apply punitive compensation in commercial housing sales contract.

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Wolfsdorf lawyer 2019-11-21 09:42:36

Is there a time limit for terminating the contract before litigation? Generally speaking, there will be a notice of rescission of contract when the contract is rescinded. One party of the contract initiates a claim for rescission of the contract. The notice of rescission informs the time limit for raising objections. The other party shall file a lawsuit with the people's court before the expiration of the period for raising objections. If the notice of rescission does not inform the time limit for raising objections, the notice of rescission shall arrive Within three months from the date of filing a lawsuit with the people's court. Otherwise, there is a risk of not being supported by the court.

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Ding Zhong He lawyer 2019-11-21 09:39:54

Do people need to sign an agreement to borrow money? In real life, most of the private lending takes place between relatives and friends. Because these people have close relations at ordinary times, the private lending relationship is usually concluded in the form of oral agreement, without any written evidence, out of trust or out of the way of affection. In this case, once one party denies it, the other party will fall into the situation of "no proof without proof" because it can't provide evidence. Even if the case is brought to the court, the lender will lose the case because of the failure of proof.According to Article 4 of the opinions of the Supreme People's Court on the trial of loan cases, when the people's court reviews loan cases, it shall require the plaintiff to provide written evidence; if there is no written evidence, it shall provide necessary factual evidence. If a suit does not meet the above requirements, it shall not be accepted. Therefore, it is necessary for the lender and the borrower to enter into a written agreement. In addition, in order to protect the legitimate rights and interests of the lender, the lender must pay attention to the proper preservation of written agreements and other evidence, so as to provide a basis for future disputes.

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Ding Zhong He lawyer 2019-11-20 09:58:27

Company's legal capital system: the legal capital system refers to the capital system that the registered capital determined by the articles of association must be higher than or equal to the legal minimum capital standard. Before the establishment of the company, the shareholders can fully subscribe in one time, and the shareholders can fully pay in one time, or complete the first payment according to the time limit and proportion stipulated by law, so that the company can meet the legal conditions. According to this, the legal capital system can be divided into strict legal capital system and reformed legal capital system, and its standard is whether to allow the company's capital to be paid in installments.

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David H. Cameron lawyer 2019-11-20 09:55:18

The calculation rules of the employer's economic compensation for workers: Economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year of the laborer's working years in the unit. If the period is more than six months but less than one year, it shall be calculated as one year; if the period is less than six months, economic compensation of half a month's salary shall be paid to the laborer.If the monthly wage of a laborer is three times higher than the average monthly wage of an employee in the previous year published by the people's Government of a municipality directly under the central government or a city divided into districts where the employer is located, the standard for paying economic compensation to the laborer shall be three times the average monthly wage of the employee, and the maximum period for paying economic compensation to the laborer shall not exceed 12 years.The term "monthly wage" as mentioned in this article refers to the average wage of the laborer for 12 months before the termination or dissolution of the labor contract.

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Ding Zhong He lawyer 2019-11-20 09:53:05

Is it legal to sign a labor contract before entering the company? It is legal. According to the labor contract law of the labor law, the employer must sign a written labor contract with the employee. The laborer has labor relations with the employer since the date of employment. Article 10 of the labor contract law stipulates: "if a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. The above clauses stipulate that the unit shall conclude a written labor contract within "one month" at the latest from the date of establishing the labor relationship. Therefore, it is actually a limited relaxation of the time requirements for the conclusion of a labor contract, which stipulates that if a labor relationship has been established and a written labor contract has not been concluded at the same time, if a written labor contract has been concluded within one month from the date of employment, its behavior is not illegal. However, if the employer fails to enter into a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage (Article 82 of the labor contract law). This is a punishment measure for the employer not to conclude a written labor contract within one month from the date of self employment.

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Ding Zhong He lawyer 2019-11-19 10:06:38

Can minors apply for property right certificate? Yes, the guardian shall apply for registration for the house of the minor, and provide the guardian's certificate and ID card of guardianship. The minor shall provide the ID card or the household registration certificate with photos issued by the police station. The guardian shall protect the legitimate rights and interests of the guardian, and shall not deal with the property of the guardian without authorization. The guardian can buy, sell and offset the property on his own when he is 18 years old Mortgage property.

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Wolfsdorf lawyer 2019-11-19 09:59:29

How to determine the civil action effect of major misunderstanding? 1. According to Article 59 (1) of the general principles of civil law and Article 54 (1) of the contract law, civil acts established due to major misunderstanding are changeable and revocable civil acts. 2. The so-called major misunderstanding refers to the actor's wrong understanding of the nature of the act, the other party, the variety, quality, specification and quantity of the subject matter, which makes the consequences of the act contradict his own intention and causes great losses.

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David H. Cameron lawyer 2019-11-19 09:54:27

How to determine the civil action effect of major misunderstanding? 1. According to Article 59 (1) of the general principles of civil law and Article 54 (1) of the contract law, civil acts established due to major misunderstanding are changeable and revocable civil acts. 2. The so-called major misunderstanding refers to the actor's wrong understanding of the nature of the act, the other party, the variety, quality, specification and quantity of the subject matter, which makes the consequences of the act contradict his own intention and causes great losses.

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David H. Cameron lawyer 2019-11-18 09:52:14

Is it OK for children to buy houses with their parents' provident fund? According to the latest regulations on the use of provident fund, children can withdraw their parents' housing provident fund when they buy a house. For unmarried children who live with their parents, they can withdraw the balance of their own provident fund account. If the parents participate in the joint repayment of their children's loan for house purchase, they can withdraw it according to the withdrawal method of provident fund repayment, which can not only withdraw the down payment, but also withdraw the provident fund to repay the principal and interest every year.

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Chi Tai min lawyer 2019-11-18 09:46:15

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