The law seems to be far away, in fact, it is around.
Question: Recently, heavy rain caused water leakage, and the computer in the room was in water.On the day of the leakage, report to the property for repair. After the property was repaired the next morning, the water entry computer was taken back to the test. It was found that the parts were damaged, but they were unwilling to bear the responsibility for maintenance or compensation.It has nothing to do.Should the loss be borne by the property?
Lawyer: The property company fulfills its own responsibilities according to the property service contract. You report to repair, the property company fulfills its maintenance responsibilities, and his obligations and performance are completed.The heavy rain is an force majeure incident, and this loss should not be borne by the property company.
Ge Brother Comments: If it is a housing quality problem, it should be found by a developer rather than a property.
Question: My girlfriend. A few years ago, his husband bought a car in the name of her husband and wife in the name of her husband and wife. The car was in the field (the current whereabouts are unknown). Later, her husband entered the prison due to economic problems.After a few years, the court suddenly frozen her account and girlfriend called the court. The court asked her to find the executor at the time. What should I do now?
Lawyer: According to the "Marriage Law", unless the couple agreed to the debt in advance, the debt owned, and the creditor clearly knew the agreed, they would deal with the joint debt of the husband and wife.Except that the husband and wife’s common debt is rare in real life, the debt that causes the relationship between husband and wife’s relationship is usually identified as the common debt of the husband and wife in judicial practice.
Ge Brother Comments: The court’s handling should be inappropriate. It can only be said that she is not encountering people.
Question: The school charges more than 500 yuan of students in high school students on the grounds of making up the book. Before that, the school said that the country’s non -school miscellaneous fees are paid 100 yuan per semester.The annual book fee is 535 yuan? Is the school charging a reasonable fee? Do students pay these so -called book fees?
Lawyer: It is recommended that parents and students of students go directly to the Education Bureau of the school to verify, and the answers made by the Education Bureau shall prevail.The "Implementation Opinions on Regulating Education Charges Further Governance Education Tolls in 2009" stipulates:
School service fees and agency fees must adhere to the principles of voluntary and non -profitability of students, and instant recovery will occur immediately. According to the real settlement, the more parts of the collection should be refunded in time; they must not be collected uniformly with the tuition fees, and they must not profit from it to infringe the interests of students.It is strictly forbidden to charge the teaching management scope of lecture materials, heating, and electronic reading as a service or charging item.It is strictly forbidden to serve and charge for schools, or only charges or not, and shall not charge any fees in the cost of handling.
Ge Brother Comments: The school may want to cut a wave of leeks before the student leaves.
Question: The first set of house men’s parents are fully purchased before marriage.The second set of down payment before marriage, continued to be confession after marriage, all of which are funded by the man’s parents. The woman asked the second house to add a name. The parents of the man did not give up.EssenceIf you divorce in the future, how can the property be divided, can the pre -marital down payment be guaranteed?
Lawyer: According to the information you provided, the first house belongs to the personal property before marriage, and the divorce will not be divided unless the two parties have an agreement.After the second suite is added, according to the provisions of the Property Rights Law, the acquisition of house rights shall prevail.Therefore, after marriage, the spouse’s name was added to the real estate certificate, and it was deemed that the husband and wife’s ownership of the property of pre -marital property re -agreed that it should be identified as the common property of the husband and wife.Comprehensive consideration of the specific situation of the property and the contribution of the parties to the real estate are divided, but it is not necessary to ensure that the down payment before marriage is not divided.
Rugge commented: The wife you chose, just recognize it.
Question: Before the marriage, the man wholly purchased a house, and registered in my name before marriage. Should this house be handled in a divorce lawsuit?Is it a property obtained during the duration of the marriage relationship?
Lawyer: The house purchased for the purpose of marriage should belong to the common property of the husband and wife, because it is the man’s full money to contribute, but the registration is in your name. In fact, it is a house for marriage.And once the amount of capital contribution is found, your share may be less than the man’s (combined with the investment of the capital and the length of the marriage relationship, etc.).According to the approval opinion of the Shanghai High Court on the division of husband and wife’s property, if the man who purchased the house before marriage was wholly capital, but registered in the woman’s name, the court could judge the woman to get a 10%-30%share.
Ge Brother’s comment: I feel that the female Fang thinks a lot, it is fair and fair.
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