When talking about the business, say well
In no time does not know a person
The money that the client should make is not hit tardy
Procrastinate will procrastinate
Otherwise
Do I encircle li of exposure in the friend he?
So is doing lawful?
What responsibility can I assume accordingly?
1
Q1
Hello! There is a client in management process debt is long procrastinate not to give, I want to announce the case such as amount of debt person company and individual name, money continuously in friend circle, do so excuse me whether to break the law? If did need what to consequence bear?
A1:
Hello! In small letter the friend encircles the relevant case that announces debtor debt not to attribute illegal action.
In small letter the friend encircles the privacy of illegal advocate other, concoctive perhaps fact defames other character avowedly, and use affront, calumniatory the reputation that waits for means to injure another person counterpoises, attribute illegal action. Reputation is the integrated society evaluation that waits for each respect to the citizen's moral character, ability, credit and figure, and the affront that makes public the behavior that debtor owes not to belong to pair of debtor, calumniatory.
If evidence proves debtor debt did not remand on time, you were to make public debtor full name and its debt not to return fact of this be related merely, this belongs to the objective evaluation of pair of other behavior, did not damage other reputation. Not concoctive and dispersed false fact, also do not have abuse other, do not attribute illegal action.
Privacy right is the privacy such as the private information that its individual that shows the natural person is enjoyed and public interest have nothing to do, private activity and private space quiet interest is controlled independently, other does not get the right of harrass; But the protection that privacy counterpoises has limit, with not enroach on another person is lawful rights and interests, do not endanger public interest to be premise. The debt behavior of debtor, violated the relevant regulation of contract law, enroach on the interest of creditor, attribute illegal action, the behavior that the debt that because this is fair,shows debtor does not return is not belonged to violate privacy right.
But those who need an attention is, in small letter friend circle owes person information publicly, want to notice diction reason, civilization, cannot use contemptuous sex vocabulary; Besides the full name that owes a person, other individual information, for instance number of home address, mobile phone, Id number, cannot make public.
2
Q2
Oneself male, mix by me before marriage my parents is contributive paid a house head 520 thousand the left and right sides, wrote at that time the name of cummer, cummer was written on house property card one the individual's name, there is 400 thousand at that time is the bank turns Zhang gives her, stay have turn Zhang record, the rest is given ready money, additionally bridal charge is my home is assumed, the wife after marriage does not assume domestic obligation, want to divorce now, my wife has had pregnancy now, divorce excuse me can I get a house?
A2:
Hello! According to the case that you introduce, the court maintains experience case building to belong to husband and wife likely common property; During the wife is pregnant, usually you cannot put forward to divorce.
Our country active law is right " the one party before marriage buys a house, the building is registered in under one's name of other one party " the regulation that the circumstance did not make clear, each district judiciary maintains a standard to also differ. In judicatory practice, the court should be united in wedlock by who contributive, whether to buy in order to marry for the purpose those who reach a house is marriage room, actual live the element such as use state judges building property right integratedly attributive.
If you have evidence to be able to prove buying house property is,be a purpose in order to marry, pay complete radicals by which characters are arranged in traditional Chinese dictionaries to pay by your parents, and repay by you after marriage the building borrows money, the building also is had by you now use. Union is relevant legal provision and afore-mentioned local judicatory practice, on the foundation of rights and interests of balance both sides, the court maintains house property to belong to husband and wife likely common property. Although, the building is sentenced when the divorce put in property right 's charge to register square, also can give your this one party reasonable economic compensation.
During the wife is pregnant, usually you cannot put forward to divorce. Basis " marriage law " thirtieth sets 4 times, during the woman is pregnant, after childbirth inside a year or inside 6 months after break down is gravid, the man must not put forward to divorce. The woman puts forward to divorce, or the court thinks to be necessary to accept man divorce to request truly, do not be restricted here.
The circumstance that thinks to be necessary truly in judicatory practice, it is to show the woman is put in serious mistake commonly, include as off the rails, unripe as other hair sexual behavior to bring about be pregnant, of childbirth.
The most important is the health that has caressed your wife, after all the child does not have fault.
3
Q3
Development business issues announcement controlling a building, when house of test controlling a building, because discover much place is available,aperture of water of the ooze side drainpipe of beat, toilet, gate passes big and do not have sign after receiving sth to receive a building to approbate, property company is foregone, but time of half an year did not do well, does time of this half an year need to pay property administration fee?
A3:
Hello! According to the case that you introduce, the property cost of half an year needs to hand in.
What you say, the problem such as building toilet catchment attributes building quality problem, it is the dispute of the contract that buy a house between you and development business; The problem that pay property expends, it is the concern of property service contract between owner and property company. Cannot promiscuous this is both the law between concerns.
Think in judicatory practice, problem of building existence quality, these main content are much because dispute place is brought about between owner and development business, inside the category that does not serve impact of contract law rule in property, should look for development business in time to solve.
Owner rejects pay property to expend need to be based on warrant. Want to the cognizance of warrant in judicatory practice from severe hold, property of general be confined to serves enterprise nonperformance property to serve a contract, perhaps fulfill a contract to be put in major flaw.
" top people court serves dispute case about trying property specific application law the explanation of a certain number of problems " the 6th regulation, confusion classics face is urged hand in, owner is handed in absolutely without warrant refus or urging property still was not handed in to expend inside the reasonable time that tell, property serves an enterprise to request owner to pay property fee, people court should grant to support. Property serves an enterprise to had provided a service according to contract agreement and relevant provision, owner serves those who be contradictory reason with was not enjoyed or need not accepting correlate job only, people court does not grant to support.
Building quality problem, suggest you and development business talk things over solve, development business is sued when be necessary, advocate its undertake responsibility of breach of contract.
4
Q4
Downstair meal lampblack and noise are serious faze civilian, content provides the opportunity outside still agreeing with cafeteria to hang air conditioning at will, chaos of the resident inside the village encircles greenbelt to plant dish, how does property cost pay?
A4:
According to the case that you introduce, need pays property fee by contract agreement.
Owner rejects pay property to expend need to be based on warrant. Want to the cognizance of warrant in judicatory practice from severe hold, property of general be confined to serves enterprise nonperformance property to serve a contract, perhaps fulfill a contract to be put in major flaw.
According to the case that you introduce, think not to belong to the warrant that rejects to hand in property to expend commonly in judicatory practice.
If what you narrate, if property company does not have the agreement according to the contract to fulfil obligation, you can advocate property company undertakes responsibility of breach of contract. Basis " serve dispute case about trying property specific application law the explanation of a certain number of problems " (say below " explanation " ) the 3rd regulation, nonperformance of property service company fulfills property not completely perhaps to serve a contract to agree or the maintenance that regulation and relevant industry standard determine law, code, conserve, management and safeguard obligation, company of service of owner request property is assumed continue to fulfill, take remedial action perhaps compensates for the responsibility of breach of contract such as the loss, people court should grant to support.
Serve unqualified problem to property, besides mention lawfully outside civil suit, you still can live to place build bureau property division to complain, or mirror to owner congress, by owner committee supervisory property company fulfils a contract, can serve an industry by property of owner committee dismiss when necessary.
5
Q5
Oneself are in at the beginning of August 2018 live the merchandise that the door inn of additive of around some gasoline has full a cost beforehand 3000 yuan consume them, this OK thinking that save fuel and expenditure through this product; But in the time with this much half an year I use a few commodity only, midway inn-keeper makes with the reason such as be in short supply I cannot use a product all the time, I ask repeatedly refund of the other side, but be rejected, excuse me I this how does thought for the time being?
A5:
Hello! According to the case that you introduce, can ask to return imprest check with the businessman more than.
" consumer rights and interests protects a law " fiftieth 3 regulations, operator with what gathering means provider is tasted or serve beforehand, ought to offer according to the agreement. Did not offer according to the agreement, ought to fulfill according to the requirement of consumer agree or go back imprest; Ought to bear the reasonable fee that the accrual of imprest, customer must pay.
After you hand in cost to handle card full a cost, with the businessman's contract the relation has established become effective. Businessman ought to the means that both sides of strict comply with agrees, content and sort provide a service. If the businessman is long-term the goods that cannot offer consumer to need belongs to essential sex break a contact, this brings about consumer to conclude contract purpose cannot come true; Consumer can advocate remove contract, imprest of businessman go back; Home of this foreign trader pays the more than accrual in imprest card, consumer the reasonable fee that must pay even.
Suggest you can be complained to consumer society or door of The Ministry of Commerce and Industry first, if inextricability, can mention civil suit, requirement businessman returns imprest, undertake relevant responsibility of breach of contract.
In advancing card is consumed, because consumer already was fulfilled ahead of schedule pay compulsory, restrict and relieve a way effectively what lack behavior of pair of operator break a contact, because this is based on the need that interest balance and right relieve, be necessary to gift to this kinds of circumstance the option with relatively sufficient consumer, so judicatory carries out what support consumer mostly to remove the contract appeals to beg.
Acknowledgment is on duty lawyer:
Xu Hao (Beijing)
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