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Disputes arising from policy based housing purchase and sale contracts have different jurisdiction rules from commercial housing.
According to Chinese law, certain civil cases can only be under the jurisdiction of specific people's courts, and the parties may not agree to change the jurisdiction court. This is what we commonly refer to as exclusive jurisdiction. In practice, cases involving exclusive jurisdiction over real estate are quite common.
2024-07-12
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Electronic insurance fails to fulfill the obligation of prompt explanation, and the court finds that the special agreement clause has no effect on the policyholder
Mr. Ding and Mr. Wang had a traffic accident, and it was determined by the transportation department that Mr. Wang was primarily responsible, with Mr. Ding bearing secondary responsibility. Mr. Wang is the driver of the vehicle involved in the accident, and Hongda Company is its cooperating company. The vehicle involved in the accident was insured by the insurance company, and the accident occurred during the insurance period. After the accident, Mr. Ding filed a lawsuit in court.
2024-07-11
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Can the jurisdiction of civil lending disputes be determined based on the location of the transfer bank as the place of contract performance?
Civil lending disputes refer to disputes arising from borrowing behavior between citizens and non-financial institutions and enterprises, which are relatively common in judicial practice. Due to the fact that loans often occur between acquaintances such as relatives, friends, or business partners, lenders and borrowers often do not enter into written loan contracts, but instead transfer funds directly through bank cards, mobile quick payment functions, and other means.
2024-07-10
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Excessive formaldehyde levels in houses pose a health hazard, and tenants receive compensation for mental damages
Mr. Wang reached a housing rental agreement with Mr. Zhao through an intermediary company to improve his daughter's educational environment. After the whole family moved in for 5 days, the elderly, children, and other five members of the family all experienced symptoms such as headaches and coughing one after another. After testing by professional institutions, it has been confirmed that the formaldehyde in the house does not meet national standards. Mr. Wang then filed a lawsuit in court. After
2024-07-04
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Can the "yin-yang contract" for buying and selling second-hand houses avoid taxes? This clause is invalid!
With the release of favorable factors, the popularity of second-hand houses has increased. In second-hand housing transactions, in order to further "save money", some parties sign two sales contracts for the same house, one for the inside and one for the outside, in order to avoid supervision and reduce housing transaction taxes and fees. This "yin-yang contract" may seem to save a lot of costs, but is it really feasible?
2024-07-03
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Should the property management be held responsible for falls and injuries caused by water on residential roads?
Is the property responsible for the water accumulation on the road surface of the community, causing the owner to slip and fall while passing by? Aunt Zhang, who came to Beijing to visit relatives, encountered an accident. While leaving her daughter's rented community, Aunt Zhang fell and injured herself due to water on the road. After unsuccessful communication with the property management company, she sued and demanded compensation from the company.
2024-06-27
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