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This is the answer of 3722nd to 3729 legal consultation

"Major" legal aid platform Q & a record (one hundred and fourteen)

Thank you for your trust and consulting! According to the information provided, combined with China's relevant laws and regulations, this paper answer is as follows:

3722, H_ Lina

Hello, I am now more than a year of marriage, the child 3 months, I want a divorce, but we haven't bought a house, married to 180000 rent for business and investment, there are now 680000 cash to buy houses, and two stores, a store's legal representative is his brother, a shop is he, ask us how the distribution of property?

Answer: at the time of divorce, the common property of husband and wife protocol processing by both parties; if they fail to reach an agreement, but litigation. Because of the marital property relates to premarital personal property and the marriage of common property, concrete discussion. (Liang Peimin, Sina micro-blog @ Pei Pei Min Min)

3723, BeyondZms

The lawyer, hello! Advisory Legal Issues: (to government departments of land and resources and the Housing Authority) violations complaints enterprises, government departments have been accepted, I also signed the statute book. So I can check the admissibility of the book to the government? I don't copy, just look at the results and process. If possible, what is the legal basis, and vice versa, procedure and application access.

Answer: according to the "government information disclosure law", the citizen can according to their own production, life, scientific research and other special needs, to the State Council departments, local people's governments at all levels and the people's governments above the county level departments to apply for access to the relevant government information. To the government departments for inspection.

Apply for consulting program: citizen, legal person or any other organization applies to an administrative organ for access to government information, shall be made in written form (including the form of data telex); the difficulties in written form, the applicant can be presented orally by the machine, the admissibility of the application related to fill out an application for government information disclosure.

The following contents shall be included in the application for disclosure of government information:

(a) the applicant's name, contact method;

(two) the application of open government information content description;

(three) requires that the government information in the form of the application of open. (Liang Peimin, Sina micro-blog @ Pei Pei Min Min)

3724, Sam Wang Xibin

I in 2011 June, the purchase of a house, agreed in 2013 January delivery. In January last year Shoufang, found that the building has a lot of problems, the most serious is the roof Water Leakage. Real estate developers spent more than a year before the completion of. Today for Shoufang, sales request we signed the "repossession notice", described above is "property services fees from the collection" in 2013 01 months 01 days, and asked us to pay last year property fee, so reasonable compliance? We can sign this "repossession notice"? Thank you.

Answer: you and the developers agreed in 2013 January delivery, the quality of housing, no delivery, first of all, developers behavior has constituted a breach of contract, you can claim responsibility of breach of contract and its commitment to the corresponding repair costs to developers. Secondly, in the "Notice of repossession" developers require you to pay the property service charges from January 1, 2013 onwards and requires you to pay a year property fee, there is no legal basis. According to the "property management regulations" forty-second paragraph second: "has been completed but not yet sold or not to the property buyers of property, property services costs paid by the construction unit". Therefore, the quality of housing developers themselves do not fulfill the reasons leading to launch in 2013 January agreed in the contract, so in others property costs borne by the construction unit. (Sun Weijie Sina micro-blog @ the earliest 90s)

3725, Luo Jun

Hello, I have a question to ask. Have the Spring Festival before the holiday, I in the school next to the second-hand shop to buy a textbook, the publishing time is zero seven years. Now the school immediately, I started this book preview was bought, see the intermediate found the missing pages, the book is good, should be printed wrong. May I return the book? If the boss does not do sell books back?

Answer: from the information you provide, you and the seller (much) between the formation of contracts of sale, the intention expressed is genuine, lawful, effective, the parties shall fully perform their respective obligations. The influence of the book page purpose of contract, breach of contract. You can replace the consultation with the seller, the book, or request to terminate the contract and request the seller to refund the price to buy books. Personal advice, negotiate the best. (Sun Weijie Sina micro-blog @ the earliest 90s)

3726,.........

I am a development site personnel. Working in an Internet company in Shanghai last year. Years ago resigned. Said the end of year 2 to send me my December salary. But this year he cannot collect payment. He wanted me to change the website reason. Let me give him work for free. Or he that didn't have the money to pay. To blackmail me. I want to help you. I hope to get your help. I have a telephone recording and I quit the day. Talk with the boss and the boss agreed to the recording. I quit

Answer: because the company fails to pay labor remuneration for you, you have the right to terminate the labor contract, according to the "labor contract law" article thirty-eighth employer in any of the following circumstances, the worker may discharge the labor contract: (two) fails to make full payment for labor. You may apply to the local people's court for a payment order or complaints to the labor inspection team, according to the "labor contract law" the second paragraph thirtieth where the employer fails to pay labor remuneration in full, the worker may apply to the local people's court for a payment order, the people's court shall issue a payment order. According to the "labor contract law" article eighty-fifth employer in any of the following circumstances, the labor administrative department shall be ordered to pay labor remuneration, overtime or economic compensation; labor remuneration is lower than the local minimum wage standard, the difference shall be paid; fails to pay within the time limit, the employer shall be ordered to fifty percent more than one hundred percent of the sum payable the following standards added to laborer pay compensation: (a) is not in accordance with the labor contract or regulations of the state, timely and full payment of labor remuneration. (Li Shufen, Sina micro-blog @ major Li Shufen)

3727, SHAKA

10 years ago, my uncle home to build a house, he was a house but he didn't want to remove, built in my homestead. Now the old village transformation, my uncle put my homestead + take forcible possession of their houses, we don't know, but Wei no matter, we have detected the specific details of our land, we can retrieve our homestead on the back of the house?

Answer: according to the relevant provisions of the law, the homestead right of use to the implementation of "a house", but members may only be assigned to one of the rural collective economic organizations. Your uncle in your home base building, and you are not on the transfer agreement, the homestead, homestead right of use is still home to you all. In accordance with the requirements of regulations demolition compensation management, compensation includes compensation for land acquisition, land compensation fee and housing related compensation. So, you can lay claim to belong to you all, but you should ask your uncle to pay its due compensation. (Sun Weijie Sina micro-blog @ the earliest 90s)

3728, V raised eyebrows (major @ original information)

Flight delay, if the delay airlines announced is inconsistent with the actual situation, thus avoiding the airlines for, would constitute fraud? How to obtain evidence to prosecute? Public interest lawyers can look!

Answer: the airline refused to compensate, ask them to provide legitimate reasons, such as air traffic control, weather and other reasons, if you think the reason is not true, you can query to the aviation sector or meteorological departments, such as it is fictitious reason is airline, passengers have the right to require airlines compensation for loss. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

3729, eoslucky

My friend lent me money, the relationship between general, lent her to write iou. Conform to no conventional pattern is a typical not have money. The job how to recover through legal channels? Thank you

Answer: since it is a friend, recommended to consultation, the consultation fails, they promptly take IOU to the court. Do not over the 2 year statute of limitations (agreed repayment period, repayment period beginning on the date of expiration of the agreed date; no repayment period, from each other clearly does not fulfill the debt obligations date, which explicitly rejected or that do not perform or not capable of fulfilling the date when the effect), the court will not support your claim, the money may be chasing don't come back. (Bian Danjun, Sina micro-blog @ Mr. so and so)