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09/232020

Lawyers assist the private board of directors of Guoke Park

On September 26,2020,the private board meeting and the third phase of enterprise exchange activity of Luoyang National University Science and Technology Park came to Henan Junsheng Automation Technology Co.,Ltd.Director Ma of Jianxi District Bureau of Industry and Information Technology,General Manager Sun of National Science and Technology Park,leaders of more than 10 enterprises,and lawyers Li Yan and Song Heng from our firm attended the event.Henan Junsheng Automation Technology Co.,Ltd.is a high-tech enterprise engaged in robot replacement projects,helping customers build intelligent,digital,and flexible production lines and unmanned chemical plants.The company has cultivated a group of high-quality customers in Henan,Shanxi,Shaanxi and other places,including Luoyang Yituo,Zhengzhou Yutong,Shaanxi Fasite,and Hande Axle.In the production workshop of Junsheng Company,Mr.Xu,the Technical Director,demonstrated the process of joint robots replacing manual loading and unloading on site.Then,Mr.Meng introduced the application of the company's products and its main customers to everyone.The guests who visited were all optimistic about the development prospects of the company and expressed their intention to cooperate.In the conference room of Junsheng Company,Director Ma of Jianxi District Industry and Information Technology Bureau provided a detailed interpretation of the support policies and conditions for high growth enterprises and small and medium-sized enterprises for visiting entrepreneurs,and patiently answered their questions.Activity one is an interpretation and discussion by Lawyer Li Yan,Executive Director of our firm,and his partners,as well as Lawyer Song Heng,on"Dynamic Equity Incentives"and"Ten Key Points of Private Lending".Implementing dynamic equity incentives correctly in enterprises can help entrepreneurs retain talent and maintain core competitiveness.Understanding the new regulations on private lending can avoid or reduce legal risks for enterprises in the financing process and protect the wealth of entrepreneurs.The visiting entrepreneurs highly praised the interpretation of the two lawyers.At the end of the event,General Manager Sun of National Science Park gave a concluding speech.The purpose of the private board meeting of National Science Park is to strengthen in-depth communication and cooperation among enterprises through mutual visits.National Science Park will continue to carry out such activities to provide support and services for various enterprises in the park,help everyone integrate resources,form greater synergy,and achieve information exchange,resource sharing,and win-win cooperation.This event ended with enthusiastic applause.

09/212020

Law Firm Highlights Time

根据河南省律师协会发布的《关于表彰新冠肺炎疫情防控工作先进单位和先进个人的决定》(豫律协【2020】17号)。为激励表彰先进典型,弘扬行业正气,省律协共表彰了19家协会,50家律师事务所以及100名律师和协会工作人员。河南先为律师事务所被评为“河南省律师行业防控新冠肺炎疫情工作先进单位”的荣誉称号。9月初,洛阳市破产管理人协会举行工作总结暨智破系统培训会议。为树立典型,激励会员在办案企业破产案件争创佳绩,协会表彰了16家“***会员单位”和16名先进个人。河南先为律师事务所被评为2019年—2020年度“***会员单位”;张娅姝律师被评为2019年—2020年度“***个人”的荣誉称号。河南先为律师事务所,“先为”—-—语出《孙子兵法·形篇》之“昔之善战者,先为不可胜,以待敌之可胜”。本所成立于2010年4月,是洛阳市司法局直属合伙制九***律师事务所。现有执业人员35名,合伙人6名。合伙人中担任政协委员1名、担任市政府法律顾问1名,担任律师协会副秘书长、律师行业党委委员1名、担任洛阳仲裁委员会仲裁员2名。合伙人执业经历均在十年以上并长期担任洛阳市多家规模企业常年法律顾问,不仅擅长于传统法律业务如诉讼、仲裁等,同时在公司风险防范、国企资本运营、建筑房地产、金融证券等多类型法律业务有着研究和丰富实践经验。本所执业人员年富力强、经验丰富、团结进取,既包括具备涉外商务实践经历的律师,也包括具备注册会计师、税务师资格的律师;既有擅长诉讼、仲裁业务的律师,也有娴熟于公司证券、金融、知识产权等商务法律领域的律师。自成立以来,本所注重团队建设和文化建设,团队作业成为常态模式,律师积极参与各项公益活动并荣获多个奖励;注重对年轻人培养,采取多种措施助力青年律师成长。目前本所已成为诉讼业务与非诉讼业务并举,尤其在金融证券、投资并购、国企运营改制、破产类案件等新兴法律服务领域有较高知名度的律师事务所。

09/152020

Dynamic | Director Li Yan of Henan Xianwei Law Firm gave a special lecture on the Civil Code

On September 15th, the Ethnic and Religious Committee of the Luoyang Municipal Committee of the Chinese People's Political Consultative Conference held its first committee member lecture at the Ethnic Minority Community Committee's Home, in order to strengthen the learning and training of committee members, enrich community activities, fully leverage the role of committee members, and make good use of the platform. Inviting Li Yan, a member of the Municipal Committee of the Chinese People's Political Consultative Conference, a legal advisor to the Municipal Government, a think tank expert of the Municipal Committee of the Chinese People's Political Consultative Conference, and the director of Henan Xianwei Law Firm, to give a special lecture on the Civil Code. Members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) from ethnic minority, religious, and progressive communities participated in the training.Commissioner Li Yan took the basic principles and requirements of the Civil Code as the starting point, and used a large number of real cases and detailed data to systematically interpret the Civil Code from the background of its drafting, compilation process, and main content. This further helped the committee members understand the significant significance of its promulgation and implementation, and strengthened everyone's awareness of respecting, learning, abiding by, and using the Civil Code. After the lecture, the committee members had interactive exchanges on the relevant content of the Civil Code.The committee members believe that Li Yan's lecture is highly targeted and practical, with easy to understand and humorous language, which is of great help in learning, adhering to, and maintaining the Civil Code. The committee members stated that they should deepen their understanding and application of the Civil Code in combination with their own practical work; We should take the lead in learning, promoting, and advancing the implementation of the Civil Code, and strive to learn, respect, and apply the law among the masses in different fields.

09/172020

Henan Xianwei Law Firm's Surprise Teacher Worship Ceremony and Practice Planning Symposium

Every person who learns a hundred skills has a teacher. Teacher, preaching, receiving knowledge, and dispelling doubts. To inherit the original aspiration and responsibility of the legal profession, inspire young lawyers to be grateful and grateful, enhance the relationship between teachers and apprentices, and promote the spirit of group mentorship. On September 10, 2020, it was the 36th Teacher's Day in China and also our unit's weekly assistant lawyer symposium. Young lawyers held a surprise teacher worship ceremony with the theme of "Thinking of the Source with Drinking Water and Remembering Teacher's Grace Forever" for the guiding lawyers present.At the beginning of the symposium,young lawyers,in order to express their gratitude to the guidance lawyers Li Yan,Su Dongge,Zhao Yi,and Xiao Chun,without the knowledge of their mentors,came up with a unique idea to review the class ceremony.They stood up and bowed to the guidance lawyers,while each presented a bouquet of flowers to express their holiday congratulations.Each bouquet of flowers was a gesture of gratitude,bringing together a handful of the kindness of the first mover and the flower of inheritance.This sudden apprenticeship ceremony brought great joy to the guiding lawyer,and while being moved,they expressed their sincere expectations and good wishes for the young lawyer.The growth of new lawyers cannot be separated from the personal teachings of guiding lawyers.Subsequently,a symposium on"Lawyer's Practice Planning"was hosted by Lawyer Li Yan.For the confusion,confusion,and various problems that young lawyers face when they first enter the industry,the guidance lawyers patiently advised and shared their experiences on site,allowing everyone to open up and freely express their future practice plans,and bringing emotional communication closer to each other.The guiding lawyer hopes that young lawyers can never forget their original intentions,always approach the workplace and life with a sincere and sincere heart,dare to try,be brave in innovation,and be down-to-earth in realizing their life plans step by step.

09/042020

Henan Xianwei Law Firm's Surprise Teacher Worship Ceremony and Practice Planning Symposium

On the afternoon of September 4,2020,Xiao Jianxun,President of the Hunan Chamber of Commerce in Luoyang City,Yi Jiguo,Executive President,Wu Xijun,Vice President,Hu Luoyi,Vice President,Wang Lidong,Secretary General Xu Liangliang,and Hu Yongqiang,Organizing Committee Member,visited Henan Xianwei Institute for exchange and exchange.Henan Xianwei Law Firm warmly welcomed Yang Xintao,Deputy Director Li Yan,Partner Xiao Chun,and team members.Before the meeting,accompanied by Director Li Yan and partner Xiao Chun(a member of the Chamber of Commerce),the leaders of the Hunan Chamber of Commerce in Luoyang visited the office environment of Henan Xianwei Law Firm on site.They had a preliminary understanding of the internal personnel structure,development history and scale,and future development direction of Xianwei Law Firm.After the visit, the group first moved to the law firm conference room to listen to a special lecture by Director Li Yan on the relevant knowledge points of the Civil Code, and provided detailed answers to the actual legal problems encountered by entrepreneurs in business operations. This was highly recognized and recognized by the leaders of the Hunan Chamber of Commerce in Luoyang. Director Li Yan stated that in the future, business cooperation between the two sides can be carried out in an orderly manner around various fields such as legal consultation and legal training. As a member unit of the Chamber of Commerce, we will provide precise and high-end value-added services, promote legal education for the majority of member units of the Hunan Chamber of Commerce, enhance the awareness of corporate integrity and standardized operation, and safeguard the steady development of the enterprise.President Xiao Jianxun stated that the growth and strength of entrepreneurs cannot be achieved without a legal service team. He hopes to take this exchange as an opportunity to actively leverage the advantages of both parties, continuously enhance the legal risk prevention awareness of member units, build a platform for cooperation and win-win for entrepreneurs, effectively protect the legitimate rights and interests of member enterprises, and achieve common development.This visit has laid a solid foundation for the cooperation between the Hunan Chamber of Commerce in Luoyang and the Henan Xianwei Law Firm, and contributed to the healthy development of the industry by working together in the future.

07/212020

Henan Xianwei Law Firm Successfully Holds a Mock Court

 On the afternoon of June 12,2020,Henan Xianwei Law Firm successfully held the 2020 mock court in our conference room.The purpose of this mock court is to exercise the litigation skills of the attending lawyers,increase their trial experience,gain a faster understanding of the trial process,and experience the trial atmosphere.This mock court case is a real case represented by our lawyer.Lawyer He Zhanbin serves as the presiding judge,lawyer Xu Luowang(intern)and administrative supervisor Zhang Pei serve as the people's jurors,and lawyer Dong Yifei(intern)serves as the clerk.Lawyers Wu Jie and Ji Mengyuan(intern)serve as the plaintiff's authorized agents,while lawyers Wang Yifan and Liu Di(intern)serve as the defendant's authorized agents.After the trial began,the clerk read out the court discipline,and the collegiate bench verified the basic information of the plaintiff and defendant.The plaintiff and defendant entrusted their agents to provide evidence,cross examine,debate,and ask questions about the focus of the dispute.Both parties have entrusted agents to conduct in-depth research and thorough preparation of the case.During the trial process,the logic is clear and the language expression is fluent.Both the plaintiff and defendant hold their own arguments,and they come and go,creating a brilliant and diverse atmosphere.The presiding judge had a sharp judgment and rejected the plaintiff's witness's application to appear in court.He had precise control over the trial activities and the content of the case.After a 10 minute recess,the Economic and Social Council made a verdict,which received unanimous praise from everyone.After the trial,Director Yang Xintao and Deputy Director Zhao Yi made comments on the mock court,pointing out the problems that occurred during the trial,such as the low voice of the agent during appearance and the non-standard order of evidence cross examination during cross examination.Based on their years of practical experience,they shared valuable trial experience and litigation agency skills with everyone.Later,Song Heng,the actual deputy director of the entrusted agent of the defendant in this case,reviewed the case and explained the problems encountered in handling the case,as well as the handling ideas and skills.The success of this simulated court trial,through a complete and standardized trial demonstration,has enabled new lawyers and intern lawyers to have a more intuitive understanding of the judicial trial process,deepened the high integration of theoretical learning and practical ability improvement,further cultivated the intern lawyer's legal thinking and practical operation ability,achieved the unity of theory and practice,and improved the lawyer's literacy.Through this activity,I have gained a deeper understanding and understanding of law,developed a sense of responsibility and self-awareness towards legal learning,and continuously enhanced my sense of mission and sense of responsibility in participating in the construction of socialist rule of law!宋恒--模拟法庭案件.pdf

07/212020

Storytelling | Tongfu Inn Recruitment Guide

河南先为律师事务所  王怡玢 话说龙门镖局千金佟湘玉千里寻夫来到七侠镇,不曾想连夫君的面都没见到就……迫于生计,佟湘玉无奈在此处开了间“同福客栈”,变身佟掌柜。创业之初又是初来乍到,客栈正缺人手,佟掌柜就想招几个伙计,打听到隔壁几家铺子的伙计有的签劳动合同,有的签劳务合同,就去向万利当铺的钱掌柜打听。佟湘玉:“钱掌柜,你说这劳动合同、劳务合同都是招伙计的合同,它们有啥子区别嘛?”钱掌柜:“佟掌柜,你别看就一字之差,这区别可大了去了。它这……得,我给你列个表,你回去自个儿慢慢儿研究吧。”区别劳动合同劳务合同主体单位与个人之间单位与单位之间个人与个人之间单位与个人之间主体关系人身与财产关系隶属关系:服从用人单位的领导、管理、组织和支配财产关系平等关系:自行支配劳动,以个人名义进行劳动适用法律劳动法、劳动合同法民法总则、民法通则、合同法报酬形式及纳税金额、方式受法律规定约束工资薪金税率金额、方式合同约定劳务费税率单位义务需缴纳社保需支付加班费受***低工资约束无需交社保无需支付加班费不受***低工资约束责任承担用人单位承担劳动者自行承担个人之间劳务关系造成他人损害的,接受劳务一方承担解除方式法定程序可能支付经济补偿金合同约定可能支付违约金纠纷处理方式劳动仲裁前置可直接诉讼佟湘玉一看:“额滴神啊,还好提前问了你,额这要是稀里糊涂和伙计们签了劳动合同,又要给他交社保,又要付他***低工资,他惹事额还要负责,开除他额要赔钱,那额不是成了冤大头咧!”钱掌柜还没来得及解释,佟湘玉转念一想:“咦,不对不对,要是这样子的话,你们都还和伙计们签个啥子劳动合同嘛?”钱掌柜大笑:“哈哈哈,佟掌柜是个聪明人,我们签劳动合同可不是冤大头。衙门发过公告,如果我们要求伙计遵守店里的规矩,在指定时间、地点,按指定方式、形式做工;向伙计定期支付工钱;伙计长期为我们铺子的业务做工,那不管我们有没有签合同,也不管签的是劳务合同还是劳动合同,都可以认定我们和伙计之间构成了事实劳动关系。”佟湘玉:“那...认定事实劳动关系滴后果是啥嘛?”钱掌柜:“衙门要求,与伙计建立劳动关系,应当订立书面劳动合同。而一旦被认定为事实劳动关系,那必然是要么没签合同,要么签的不是劳动合同,这对咱们来说风险真不小,我还是列个表给你说说。”损失类型损失详情支付二倍工资(1)初次建立劳动关系:自用工之日满一个月的次日起开始计算二倍工资,截止点为双方订立书面劳动合同的前一日,***长不超过十一个月。(2)当订立无固定期限劳动合同而未签订:二倍工资自应订立无固定期限劳动合同之日起算,截止点为双方实际订立无期限劳动合同的前一日。经济补偿金在一个月的“宽限期”内,如果由于劳动者不签订书面劳动合同,用人单位终止劳动合同的,可以不支付经济补偿。工伤赔偿应参加而未参加工伤保险,用人单位须按工伤保险待遇项目和标准支付费用。社保处罚(1)不办理社会保险登记:责令限期改正、对用人单位处应缴社会保险费数额一倍以上三倍以下的罚款、对其直接负责人处五百元以上三千元以下的罚款。(2)未按时足额缴纳社会保险费:责令限期缴纳或者补足、日万分之五的滞纳金、欠缴数额一倍以上三倍以下的罚款。订立无固定期限劳动合同超过一年未签订,视为双方签订了无固定期限的劳动合同。商业风险不能对涉及商业秘密或竟业***的劳动者进行有效约束。佟湘玉:“咋还有这么多风险呢!但你们做的都是大企业大买卖,管理规范。额就是个个体户,雇两个伙计帮帮忙,用不着这么严格吧?”钱掌柜:“别想当然啦,在官府的公文里,境内的企业、个体经济组织、民办非企业单位等组织不分大小,一视同仁!”钱掌柜:“不过佟掌柜您也别着急,也不是所有伙计都绝对要签劳动合同的。对于不超过六个月、不是主营业务、可以替代的岗位,比如打扫卫生的伙计,你可以从劳务派遣铺子那里找人来做,你只需要和劳务派遣铺子签协议。再比如说,你可以雇佣部分退休或者享受退休待遇的人来做工,是可以签订劳务合同的。要找那些身强体健的,弱不禁风的就算了。”钱掌柜:“另外,刚才没来得及给你说,给伙计二倍工钱的惩罚赔偿,如果他们在一年内没有要的话,我们还要不要给?官老爷们也没有很统一的说法。之前我们店里有个伙计做工5年了一直没签合同,走人的时候问我要2倍工钱,一开始娄知县说人家走之后1年内都可以找我来要,后来又有青天老爷说2倍工钱属于惩罚,并不是伙计的劳动报酬,必须要在知道没签合同1年内要才行呢。”佟湘玉:“美滴很,美滴很。额知道咧,谢谢钱掌柜,额先走咧,有空去额店里喝酒去~”佟湘玉陆续招来了老白、小郭、吕秀才、李大嘴...你觉得他们分别签了什么合同呢? 【法条索引】一、事实劳动关系的认定《劳动和社会保障部关于确立劳动关系有关事项的通知》(劳社部发[2005]12号)***条:“用人单位招用劳动者未订立书面劳动合同,但同时具备下列情形的,劳动关系成立:(一)用人单位和劳动者符合法律、法规规定的主体资格;(二)用人单位依法制定的各项劳动规章制度适用于劳动者,劳动者受用人单位的劳动管理,从事用人单位安排的有报酬的劳动;(三)劳动者提供的劳动是用人单位业务的组成部分。”二、认定为事实劳动关系的后果《劳动合同法》第十条:“建立劳动关系,应当订立书面劳动合同。已建立劳动关系,未同时订立书面劳动合同的,应当自用工之日起一个月内订立书面劳动合同。”1、经济损失《劳动合同法》第八十二条:“用人单位自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的,应当向劳动者每月支付二倍的工资。”《劳动争议调解仲裁法》第二十七条:“劳动争议申请仲裁的时效期间为一年。仲裁时效期间从当事人知道或者应当知道其权利被侵害之日起计算。劳动关系存续期间因拖欠劳动报酬发生争议的,劳动者申请仲裁不受本条***款规定的仲裁时效期间的***;但是,劳动关系终止的,应当自劳动关系终止之日起一年内提出。”《劳动合同法》第四十六条:“有下列情形之一的,用人单位应当向劳动者支付经济补偿:(二)用人单位依照本法第三十六条规定向劳动者提出解除劳动合同并与劳动者协商一致解除劳动合同的。”《劳动合同法》第四十七条:“经济补偿按劳动者在本单位工作的年限,每满一年支付一个月工资的标准向劳动者支付。六个月以上不满一年的,按一年计算;不满六个月的,向劳动者支付半个月工资的经济补偿。”《工伤保险条例》第十四条:“职工在工作时间和工作场所内,因工作原因受到事故伤害的,应当认定为工伤。”《工伤保险条例》第六十二条:“依照本条例规定应当参加工伤保险而未参加工伤保险的用人单位职工发生工伤的,由该用人单位按照本条例规定的工伤保险待遇项目和标准支付费用。”2、行政处罚《社会保险法》第八十四条:“用人单位不办理社会保险登记的,由社会保险行政部门责令限期改正;逾期不改正的,对用人单位处应缴社会保险费数额一倍以上三倍以下的罚款,对其直接负责的主管人员和其他直接责任人员处五百元以上三千元以下的罚款。”《社会保险法》第八十六条:“用人单位未按时足额缴纳社会保险费的,由社会保险费征收机构责令限期缴纳或者补足,并自欠缴之日起,按日加收万分之五的滞纳金;逾期仍不缴纳的,由有关行政部门处欠缴数额一倍以上三倍以下的罚款。”3、商业风险《劳动合同法》第十四条:“无固定期限劳动合同,是指用人单位与劳动者约定无确定终止时间的劳动合同。用人单位与劳动者协商一致,可以订立无固定期限劳动合同。有下列情形之一,劳动者提出或者同意续订、订立劳动合同的,除劳动者提出订立固定期限劳动合同外,应当订立无固定期限劳动合同:(一)劳动者在该用人单位连续工作满十年的; (二)用人单位初次实行劳动合同制度或者国有企业改制重新订立劳动合同时,劳动者在该用人单位连续工作满十年且距法定退休年龄不足十年的;(三)连续订立二次固定期限劳动合同,且劳动者没有本法第三十九条和第四十条***项、第二项规定的情形,续订劳动合同的。用人单位自用工之日起满一年不与劳动者订立书面劳动合同的,视为用人单位与劳动者已订立无固定期限劳动合同。”《劳动合同法》第二十三条:“用人单位与劳动者可以在劳动合同中约定保守用人单位的商业秘密和与知识产权相关的保密事项。”三、企业类型不影响劳动用工形式《劳动法》第二条:“在中华人民共和国境内的企业、个体经济组织(以下统称用人单位)和与之形成劳动关系的劳动者,适用本法。”《劳动合同法》第二条:“中华人民共和国境内的企业、个体经济组织、民办非企业单位等组织(以下称用人单位)与劳动者建立劳动关系,订立、履行、变更、解除或者终止劳动合同,适用本法。”四、替代性方案《劳动合同法》第六十六条:“劳动合同用工是我国的企业基本用工形式。劳务派遣用工是补充形式,只能在临时性、辅助性或者替代性的工作岗位上实施。前款规定的临时性工作岗位是指存续时间不超过六个月的岗位;辅助性工作岗位是指为主营业务岗位提供服务的非主营业务岗位;替代性工作岗位是指用工单位的劳动者因脱产学习、休假等原因无法工作的一定期间内,可以由其他劳动者替代工作的岗位。 用工单位应当严格控制劳务派遣用工数量,不得超过其用工总量的一定比例,具体比例由国务院劳动行政部门规定。”《劳动合同法》第五十九条:“劳务派遣单位派遣劳动者应当与接受以劳务派遣形式用工的单位(以下称用工单位)订立劳务派遣协议。劳务派遣协议应当约定派遣岗位和人员数量、派遣期限、劳动报酬和社会保险费的数额与支付方式以及违反协议的责任。”

07/212020

Chasing Drama | Lawyer Takes You to Get the Legal Points of "Settling in" (2)

Henan Xianwei Law Firm Ji MengyuanThe recently popular TV series"Settling Down"revolves around real estate agencies helping clients settle down,with some stories of competing for property rights,reflecting many legal issues related to property rights disputes in reality.First,let the lawyer guide everyone to interpret the plot one by one.Plot 1:Lao Yan and his wife fully invested in the purchase of***property for their soon to be married son.The son suggested adding his daughter-in-law's name to the property certificate,causing the old couple to hesitate.Legal issue:Can the property certificate add the other party's name when one parent fully invests in purchasing a house for their children's marriage?Legal interpretation:1.Regarding the question of whether it is possible to add a name(1)If the purchase of a house occurred before the child's marriage registration,and the house was registered under the son's name,then the property belongs to the son's personal property before marriage.(2)If the purchase of a house occurs after the child's marriage registration,and the house is only registered under the son's name,it is considered a gift from the parents only to their own son,and the property belongs to the son's personal property after marriage.The legal basis is Article 7(3)of the Judicial Interpretation of the Marriage Law,which stipulates:"Real estate purchased by the parents of one party for their children after marriage,if the property rights are registered in the name of the children of the investor,can be regarded as a gift only to one of their own children in accordance with Article 18(3)of the Marriage Law,and the real estate should be recognized as the personal property of the***party."In the above two cases,the property purchased by parents for their children and registered in their names belongs to the children's personal property.The children have ownership of possession,use,income,disposal,etc.In this case,whether to add the name of the other party to the property certificate can be entirely decided by the children themselves.Even if parents and children have different opinions,it cannot legally prevent their children's decisions.Communication can only be conducted from a rational perspective to achieve mutual understanding and tolerance,in order to maintain harmonious family relationships.(3)If the purchase of a house occurs after the child's marriage registration,and the child requests to add the other party's name during the registration of the house,whether to add it or not is decided by the parents.If parents insist on not adding,it is a clear indication that the property is only a gift to their own children;If the parents agree to add,it clearly indicates that the property is a gift to both the children.2.The consequences of adding a nameArticle 17 of China's Property Law stipulates:"The certificate of ownership of immovable property is the proof that the right holder enjoys the property rights of the immovable property."China's property management is based on the registration effect.If the son of Lao Yan adds the name of his wife to the property certificate he has obtained,the property belongs to their common property;If Lao Yan agrees to add the name of his daughter-in-law when applying for the property certificate for his son,it means that the house is a joint gift from Lao Yan to his son and daughter-in-law.If in the future,the son and daughter-in-law have a strained relationship and request a divorce,the daughter-in-law will divide the house with the son,and the property will be left to outsiders,which makes it difficult for the hardworking couple to accept.Lawyer's advice:If parents feel conflicted when encountering such a situation,they can confirm through an agreement that the purchase price of the***house is a loan lent by the parents to their children,signed by both the son and daughter-in-law,and keep the transfer voucher.If there are really"special circumstances",it can greatly avoid property loss.Plot 2:Manager Xu buys a second house to avoid taxes and falsely divorces his wife.After the divorce,he transfers the property that was originally under his own name to his wife's name.Later,his wife makes a mistake and the fake divorce becomes a real divorce.Legal issue:Can fake divorce become real divorce and reclaim property?Legal interpretation:Article 31 of the Marriage Law stipulates:"If both men and women voluntarily divorce,they are allowed to divorce.Both parties must apply for divorce at the marriage registration authority.When the marriage registration authority confirms that both parties are indeed voluntary and have properly handled their children and property issues,they shall issue a divorce certificate."Article 9 of the Judicial Interpretation II of the Marriage Law stipulates:"If a man and a woman renege on the issue of property division within one year after the divorce agreement,and request to change or revoke the property division agreement,the people's court shall accept it.If the people's court fails to find any fraud,coercion or other circumstances at the time of entering into the property division agreement after the trial,the party's lawsuit request shall be dismissed in accordance with the law."The Marriage Registration Regulations of our country regard marriage registration as a requirement for the establishment and termination of marriage(agreement divorce),and marriage registration is of public effect,so there is no concept of"fake divorce".Once registered for divorce,both parties were able to terminate their marital relationship.As for the agreement on property division,unless there is fraud,coercion,or other circumstances that can be requested to change or revoke,it is also legally binding on both parties.In the plot,Manager Xu and his wife claimed that their marriage had already been terminated at the time of fake divorce.The transfer of property by both parties was considered as a division of the divorced property,and after the division,the property had become the personal property of their ex-wife.All of this is voluntary and there is no fraud,coercion or other situation between the two parties during divorce,so there is no reason to overturn it.As for the unexpected behavior of his ex-wife after divorce,Manager Xu can only bear this legal risk.Lawyer's reminder:In real life,there are indeed some"fake divorces"due to factors such as buying a house,having children go to school,and avoiding debt,among which there are the following legal risks:1.Marriage risk:Once one party does not agree to remarriage,the marriage is truly irreparable.Legally,both parties have already divorced,and no one can force remarriage.2.Property risk:After divorce,property division means that,in addition to common debts,the assets of the original***parties have become independent of each other,and all assets under their names are not related to the other party.At the same time,the inheritance rights to each other's property will also be lost.3.Child custody risk:If the issue of child custody is clearly stated in the divorce agreement,the legal aspect of child custody will be strictly enforced in accordance with the agreement.There will be many conflicts between the child's custody and the payment of custody fees,which is also detrimental to the child's growth.Plot 3:The owner of Gong's garden wants to sell a small western-style house with a market value of over 100 million yuan.At this time,his aunt and his family obstruct and demand a moving fee of 50 million yuan;This old lady's family had nowhere to settle down in their early years.Due to family ties,the old man of the Gong family kindly took in their family,and the two families lived together.Legal issue:Does the resident(lessee)have the right to demand the division of the transfer proceeds from the sale of property?Legal interpretation:Article 9 of the Property Law stipulates:"The establishment,modification,transfer,and elimination of real estate property rights shall take effect upon registration in accordance with the law;without registration,they shall not take effect,except as otherwise provided by law."Article 93 of the Property Law stipulates:"Real estate or movable property may be jointly owned by two or more units or individuals.Co ownership includes joint ownership by shares and joint ownership."The property rights of this small western-style house are registered as one of the old men of the Gong family.Therefore,according to the principle of property rights disclosure,there is no common ownership.Gong Furniture has complete disposal rights,and the proceeds from the transfer are owned by the Gong family.The living status of Aunt Biao's family is simple borrowing,with only partial residential rights,and the Gong family has the full right to reclaim this right at any time,let alone divide the house transfer payment.In daily life,there are more issues with tenants.Is there a basis for the owner of the house to transfer the house,but the lessee obstructs and requests to continue to fulfill the***house lease agreement or to divide the house transfer payment?According to Article 229 of the Contract Law,"If there is a change in ownership of the leased property during the lease term,it shall not affect the validity of the lease contract."Article 230 stipulates that"if the lessor sells the leased property,it shall notify the lessee within a reasonable period before the sale,and the lessee shall have the right of priority purchase on equal terms."The lessee has the right to request the continued performance of the lease agreement and has the right to purchase on equal terms,but does not have the right to request the division of the house transfer payment.Lawyer's advice:1.If there is a situation where relatives and friends live together for a long time,the property owner should sign a written agreement with the cohabitant,indicating the ownership of the house and the rights of cohabitation.Before selling the house,they should communicate with the cohabitant in advance to find a place to live and move out at any time to avoid conflicts when transferring the house.2.If the house is in a rental state,the property owner should notify the lessee in advance and seek their opinion on whether to purchase the***house before transferring the house.If the lessee purchases a***house,they will have priority under the same conditions.At the same time,it is necessary to clearly inform the buyer of the rental situation,including rent,term,etc.If the lessee does not purchase the house and requests to continue renting,according to the legal principle of buying and selling without breaking the lease,the property owner should require the buyer to continue performing according to the original lease contract.3.The property owner can also adopt alternative solutions when selling the property,such as offering the lessee a refund of the remaining rent and providing appropriate compensation to terminate the lease agreement through negotiation.To achieve the purpose of selling the property during the lease term.(To be continued)

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