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SUCCESSFUL CASES

What civil rights and obligations remain after divorce?

Many people often believe that after a couple divorces, the rights and obligations related to their marriage also terminate with the dissolution of the marital legal relationship. Based on this idea, many parties easily abandon the rights that they should have enjoyed from their former spouse after the divorce. In fact, according to legal provisions, the other civil legal relationships arising from the marriage still exist after the divorce, and one former spouse still enjoys certain civil rights and bears certain civil obligations towards the other. After divorce, one cannot unilaterally change the child's surname. Case: After Ms. Li divorced Mr. Qian, their four-year-old son, Xiao Long, was raised by Ms. Li according to the divorce agreement. One year later, Ms. Li...

2018

03-22

Discussing the Allocation of Burden of Proof in a Case of IOU

[Case Introduction] The plaintiff Liu claims: The plaintiff and the defendant had business dealings, and the defendant issued two IOUs on January 26 and March 10, 2006, totaling 276,300 yuan owed to the plaintiff. After multiple demands for payment from the plaintiff went unanswered, the plaintiff filed a lawsuit seeking a judgment to order the defendant to immediately repay the debt of 276,300 yuan. The defendant Zhang argues: The plaintiff deliberately distorts the truth, and there is no legal creditor-debtor relationship between the plaintiff and the defendant; there has been no business dealings between the two parties, nor any debt. The defendant is not a proper party in this case; even if the defendant owes money, it is only 13,300 yuan, and the repayment period has not yet expired, so the plaintiff currently has no right to file a lawsuit.

2018

03-22

Damage Compensation Case

[Case Introduction] Ma's family built a house and contracted the project to Chen, an individual contractor without construction qualifications. During the construction process, Liu, who was employed by Chen, was accidentally injured by a collapsing wall. Liu sued both Chen and Ma, seeking compensation from them. [Case Analysis] There are two viewpoints regarding the liability of Chen and Ma in this case. One viewpoint holds that according to Article 10 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in Personal Injury Compensation Cases" (hereinafter referred to as the "Personal Injury Interpretation"), the contractor is liable for damages caused to a third party during the performance of the work.

2018

03-22

What civil rights and obligations remain after divorce?

Many people often believe that after a couple divorces, the rights and obligations related to their marriage also terminate with the dissolution of the marital legal relationship. Based on this idea, many parties easily abandon the rights that they should have enjoyed from their former spouse after the divorce. In fact, according to legal provisions, the other civil legal relationships arising from the marriage still exist after the divorce, and one former spouse still enjoys certain civil rights and bears certain civil obligations towards the other. After divorce, one cannot unilaterally change the child's surname. Case: After Ms. Li divorced Mr. Qian, their four-year-old son, Xiao Long, was raised by Ms. Li according to the divorce agreement. One year later, Ms. Li...

2018

03-22

Discussing the Allocation of Burden of Proof in a Case of IOU

[Case Introduction] The plaintiff Liu claims: The plaintiff and the defendant had business dealings, and the defendant issued two IOUs on January 26 and March 10, 2006, totaling 276,300 yuan owed to the plaintiff. After multiple demands for payment from the plaintiff went unanswered, the plaintiff filed a lawsuit seeking a judgment to order the defendant to immediately repay the debt of 276,300 yuan. The defendant Zhang argues: The plaintiff deliberately distorts the truth, and there is no legal creditor-debtor relationship between the plaintiff and the defendant; there has been no business dealings between the two parties, nor any debt. The defendant is not a proper party in this case; even if the defendant owes money, it is only 13,300 yuan, and the repayment period has not yet expired, so the plaintiff currently has no right to file a lawsuit.

2018

03-22

Damage Compensation Case

[Case Introduction] Ma's family built a house and contracted the project to Chen, an individual contractor without construction qualifications. During the construction process, Liu, who was employed by Chen, was accidentally injured by a collapsing wall. Liu sued both Chen and Ma, seeking compensation from them. [Case Analysis] There are two viewpoints regarding the liability of Chen and Ma in this case. One viewpoint holds that according to Article 10 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in Personal Injury Compensation Cases" (hereinafter referred to as the "Personal Injury Interpretation"), the contractor is liable for damages caused to a third party during the performance of the work.

2018

03-22

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