Fund and work
The house on the homestead has been repaired
But my father's household registration has been moved out of
Can he still be the only heir...
1
Q1
After consulting with the old man and his father's brothers and sisters, the money for repairing the house in his hometown will be borne by the old man and my father, and the house will be left to my father in the future. The house ownership certificate says grandpa’s name, and my father’s household registration has been moved out and now belongs to a town household registration in another place. So how can we ensure that the future property ownership of the house belongs to my father?
A1:
Hello, your father has the right to inherit the house on rural homestead . The elderly can use a will to designate the property under their name to your father to inherit.
First of all, regarding the inheritance rights of children with urban household registration in other places to rural homesteads and houses. According to relevant laws, farmers' homestead use rights can be inherited by their children with urban household registration in accordance with the law and registered real estate. It is worth noting that in principle, homesteads cannot be inherited separately. Only when houses are built on homesteads, according to the principle of integrated real estate, the heirs can inherit the ownership of houses and homestead use rights on homesteads in accordance with the law.
However, according to Article 62 of the " Land Administration Law of the People's Republic of China ", rural homesteads can only be used by collective members in principle. As a child of urban household registration, your father can obtain ownership of the house based on inheritance and use the homestead occupied by the house, if the house is naturally damaged or collapsed, the village collective has the right to take back the homestead. At that time, your father will no longer have the right to use the homestead.
Secondly, your grandfather wants to leave the house to your father and can make a will according to law. There are many forms of wills. You can consider notarizing the will. The elderly will go to the notary office in person to apply and organize notarization by the notary. Although according to the provisions of the " Civil Code ", a notarized will does not have priority in its effectiveness, processing a notarized will can effectively ensure that the form of the will is standardized and legal.
2
Q2
The child was bitten by a stray dog in the community. It is impossible to determine who was raising the stray dog, but many people in the community have fed it. After the stray dog gave birth to a puppy in the dead corner of the community, he began to see whoever bites whom, and the child was bitten at this time. I also noticed that there were no prompt signs or cordons in the community. After communicating with the property, the property was tough and believed that the matter had nothing to do with the property, and there was no apology or any financial compensation. In this case, can I ask for compensation from the property?
A2:
You can ask the property to bear the liability for compensation.
Article 1249 of the Civil Code stipulates that if an abandoned or escaped animal causes damage to others during the abandonment or escape, the original breeder or manager of the animal shall bear the responsibility for infringement . In this case, if the original breeder of the puppy cannot be found, the current manager shall bear the responsibility. However, if the person who feeds stray dogs in the community only feeds them occasionally, it is usually not considered as the manager of stray dogs. In this case, it is not recommended to find the feeder to bear the liability for compensation.
Article 46, paragraph 1 of the " Property Management Regulations " stipulates that property service enterprises shall assist in the safety prevention work within the property management area. As the administrator of the community, the property company allows stray dogs to stay in the community involved, and does not take any reasonable measures such as prompting signs, posting notices or setting up cordons, resulting in the personnel in the community facing safety hazards. It can be considered that they have not fulfilled their due safety obligations. Therefore, the property company should bear certain compensation liability for the child being bitten by a non-mainstream stray dog.
To sum up, you can seek compensation from the property for the objective fact that the child is bitten by a stray dog. If the property is tough, you can collect evidence and file a lawsuit directly in the court, asking it to bear the liability for compensation. In order to solve the problem of stray dogs hurting people, property companies should also do a good job in service management to prevent owners from being harmed.
3
Q3
After five or six years of joining the company, the company has not signed a contract with me. In 2019, the boss suddenly changed my fixed salary to a basic salary plus commission, a guaranteed 5,000 yuan.In 2020, my boss suddenly asked me to work from home again, regardless of attendance, and my salary format remained unchanged. I regretted it in 2021 and asked me to go to the company on Monday, Wednesday and Friday. The boss is capricious. If there is a dispute one day, how should I protect my rights?
A3:
Hello, if there is a dispute with the company, you have the right to apply for labor arbitration and claim legitimate rights and interests.
First of all, the " Labor Contract Law " stipulates that if an employer fails to enter into a written labor contract with the employee for more than one month or more than one year from the date of employment, he shall pay the employee twice the salary every month. However, according to the " Labor Dispute Mediation and Arbitration Law ", the limitation period for applying for arbitration for labor disputes is one year, so you claim that the double salary has expired.
Nevertheless, according to the provisions of the Labor Contract Law, if an employer fails to enter into a written labor contract with the employee for one year from the date of employment, it should also be deemed that both parties have entered into an unfixed labor contract . Therefore, even if you have not signed a written labor contract, now you and your unit have a legal unfixed labor relationship, and your legitimate rights and interests are still protected by relevant laws such as " Labor Law " and "Labor Contract Law".
Secondly, if your position, work content and time have not changed, the company unilaterally adjusts your salary structure and benefits, or adjusts it to work from home, but it actually causes your salary to be reduced, you have the right to refuse. According to the relevant provisions of the Labor Contract Law, the illegal salary reduction of an organization is a statutory situation of "failure to pay labor remuneration in a timely and full manner" to damage the legitimate rights and interests of workers. At this time, you can issue a notice to the organization to be forced to terminate the labor contract, collect evidence materials and apply for labor arbitration, and require the unit to pay economic compensation to you in accordance with the law and make up for the difference in wages paid in the less paid.
4
Q4
Previously, I handled fitness classes under the recommendation of the fitness coach, and a total of 54 classes were handled, with a total of 220 yuan per class. Recently, my health has been in trouble and I want to return the class, but the gym said that I would not give it back, and I never gave it to me the contract I signed at that time. What should I do now?
A4:
Hello, you signed a contract with the gym based on the true intention of both parties. Even if you have not received the contract, both parties still establish a service contract relationship. If you plan to refund the remaining courses, you can claim a refund on the grounds that the contract terms are invalid format terms, but you should also bear the liability for breach of contract for unilateral termination of the contract due to personal reasons.
If the gym says the contract states that "no refund will be made once sold" or other similar content, then you have the right to claim a refund of the fitness fee on the grounds that the content is an invalid format clause. According to Article 26 of the " Consumer Rights Protection Law" on the invalidity of the standard terms, although there are usually contents similar to "no refund will be made once sold", the above terms are pre-printed by the gym, and the content of the above terms excludes and limits the rights of consumers, so the above terms should be invalid and cannot be part of the contract content. Although
has invalid format terms, it does not affect the validity of other terms of the contract. If there is no breach of contract in the gym, you should bear the liability for breach of contract if you terminate the contract on your own physical reasons. The amount of liability for breach of contract is based on the amount agreed in the contract between the two parties. If the agreed amount of liquidated damages is too high and the gym cannot provide evidence to prove the specific loss, the arbitration committee or court will comprehensively calculate the amount of liquidated damages for the purchase of services, class hours, spent class hours, service costs, etc. of the discretionary liquidated damages.
5
Q5
I purchased a car last year, and the down payment of the car was not entered into the company account , but entered into a private account. Is the company suspected of tax evasion?
A5:
The company did not deposit the vehicle sales funds into its company's corporate account, but instead entered its private account, which may be suspected of tax evasion. At this time, you have the right to ask the company to issue a legal invoice after receiving the payment, or you can report and complain about its behavior to urge the company to pay taxes in accordance with the law.
First, according to the "Invoice Management Measures", units and individuals who sell goods, provide services, and engage in other business activities collect money from external business operations, and the recipient shall issue an invoice to the payer.
Secondly, for the company's use of a private account to receive the purchase payment, it may be an illegal act of "not listing or under-listing income" in the account book. According to the "Tax Collection and Administration Law", if a taxpayer lists more expenditures or less income in the account book, or refuses to declare or makes false tax declarations after notification from the tax authorities, and fails to pay or under-lists taxpayers, they are tax evasion. For taxpayers who evade taxes, the tax authority shall recover the late payment fee for taxes that they do not pay or pay underpayment and impose a fine of more than 50% or less than five times the taxes that they do not pay or pay underpayment; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Finally, you can exercise your citizen supervision right, call the 12366 tax service hotline to report or report to the local tax authority reporting center with real name or anonymous report, and provide as detailed as possible the name, unit, address and evidence of the person being reported. But it is particularly important to note that if the whistleblower is maliciously reported without tax evasion, the whistleblower may be liable for false accusation and frame-up.
Thanks to the lawyer on duty:
Chang Liang (Beijing)
Legal Affairs | Zheng Junyu
Source: CCTV Today's statement
