In life, we may encounter a variety of legal disputes that will not only cause us economic losses, but also exhaust us. For example, in property disputes after divorce, one party claims a large amount of arrears from the other party; there is a conflict between neighbours over land, leading to physical damage and refusal to pay compensation; and in the course of a partnership, one party claims default, demands the termination of the contract and the return of the money. How can we defend our legitimate rights and interests in the face of these difficult problems? Then let's go through the success stories of the zenli city lawyer。
Case i: recovering a dispute after a divorce of $300,000 in marriage
(i) context and dilemma of the case
Both men and women were married in 2003, and the man worked permanently abroad, while the woman looked after the children at home, supported the elderly and ran the family tea mountain. In 2012-2014, women invested approximately $280,000 in debt for household expenses and tea mountain. In 2015, three days before the registration of the divorce, the husband had the wife issue a debt of $300,000, which became effective after the divorce. The divorce agreement makes it clear that each person has a separate debt in his or her name and does not mention that debt. Ten years later, the man was in debt to sue the woman for the sum of $300,000 and the costs of the lawsuit, and the woman was in a situation where she could bear a huge debt。
(ii) case-flow restoration and legal interpretation
1. The first instance stage
The man sued and submitted multiple sets of evidence claiming that the debt was a personal debt of the woman and that she had paid for it with her pre-marital property. After reading the papers, the lawyer in zenli locked the evidence gap and argued that the debt in question was a joint debt of the spouses. Under article 1064 of the civil code, a woman's debt is used for the day-to-day and joint management of the family, in accordance with the criteria for determining the joint debt of the couple, and the burden of proof is on the man, but there is no evidence that the debt was used for her personal graft. The court of first instance ultimately rejected the entire claim。
2. Second instance
The man appealed that the first instance procedure was illegal, etc., and requested a revision. The court of second instance organized the examination of unsubstantiated evidence at first instance. Zhengli's lawyer contested the grounds of appeal on an article-by-article basis and set up a complete logical line of defence. He points out that the second instance has made up for procedural flaws that do not affect the fairness of the proceedings. The court ultimately upheld the decision。
(iii) summary of case thinking
Zhengli's lawyer, by means of a full examination of the evidence before the court, disassembled the other party's evidence; fixed system of double-defunct and jurisprudential defences, precise application of the law; grounds for appeal in the second instance settlement proceedings; submission of counter-arguments to weaken the evidence of the other party; and the debate over the burden of proof at the trial, which succeeded in defending the woman's rights。
Case ii: physical damage caused by neighbourhood land disputes case
(i) context and dilemma of the case
The late sevens clashed with two young men over land issues in their neighbourhood, and the men refused to pay compensation after their injuries, insisting that the elderly had slipped themselves. Older persons face not only physical pain but also difficulties in defending their rights。
(ii) case-flow restoration and legal interpretation
1. The first instance stage
The zongli city lawyer instructs the elderly in the preparation of medical materials and photographs of the scene and fixes the costs of injury and treatment. The causal link between the conflict and the damage is fixed from the point of view of time and injury. The breakdown of damages is calculated on the basis of the personal damages standard. It was noted at the hearing that there was a clear fault on the part of the accused and that he should bear the primary liability. The court awarded the defendant compensation in the amount of $5336. 69。
2. Second instance
The defendant appealed against the facts of the violation in their entirety and also filed an administrative judgement. Zhengli city lawyers distinguished between administrative and civil procedural evidentiary standards, stating that administrative decisions did not absolve them from liability for torts. The defence of “self-crash” is rebutted in conjunction with the medical records and the conflict is recognized as causing injury on the basis of a high degree of consternation. The court submitted a cost document justifying the cost. The reference to the civil code indicates that the defendant constitutes a joint tort and that the first instance responsibility is divided fairly. The court of second instance upheld the sentence。
(iii) summary of case thinking
The lawyers in zhengli, from the first to the second to the first to the first to the second to the appeal and the rebuttal of the defence, were able to complete the chain of evidence, reconcile reason and law and defend the legitimate rights and interests of the elderly。
Points of defence and risk in similar cases
(i) elements of human rights protection
1. Focus on the collection of evidence: debt certificates in property disputes after divorce, evidence of property, medical materials in personal injury disputes, photographs of the scene, contracts in partnership disputes, chat records, etc., must be collected and preserved in a timely and complete manner。
2. Precise application of the law: know the relevant laws and regulations, such as the civil code's provisions on marital debt, tort liability, partnership contracts, etc., and accurately use legal weapons to defend their rights and interests。
3. Guidance of professional lawyers: in complex legal disputes, seeking the assistance of professional lawyers, who have extensive experience and expertise and are able to develop reasonable defence programmes。
(ii) risk tips
1. The burden of proof is not at risk: failure to provide sufficient evidence to substantiate its claim may have the effect of losing the case。
2. Risk of error in the application of the law: an incorrect choice of the legal path or an inaccurate understanding of the legal provisions may lead to claims not being supported。
3. Procedural risk: failure to proceed according to due process may affect the outcome of the case。
