Premarital property, joint purchase after marriageIf you want to write about the purchase of premarital assets after marriage, you can consider the following aspects:
** I. Description of the property **
1. ** The part before marriage **
- To clarify the creation of the novel before marriage as an intellectual property product, such as the time of completion of the creation, whether there is a preliminary profit expectation (such as signing a pre-sale publishing contract but not receiving payment, etc.).
- If there is any related upfront investment (such as buying materials yourself, spending time on creative training, etc.), you can list them to show that this part is a personal investment before marriage.
2. ** Buy a portion together after marriage **
- Explain the nature of the joint purchase after marriage. For example, whether they would invest in the promotion and publication of the novel together, or purchase the copyrights related to the novel together. The source of funds involved in the joint purchase should be listed in detail, such as the salary income of both parties, other investment income, etc.
- If it involves one party investing in other non-cash forms (such as real estate mortgage, personal intangible assets, etc.), the method of investment and value assessment should also be described in detail.
** 2. Agreement **
1. ** Assignment of ownership and equity **
- To clarify the intellectual property rights of the novel. It could be agreed that after the joint purchase after marriage, the intellectual property rights would still belong to the creator before marriage, but the distribution of the profits from the joint purchase after marriage would be specified in detail. For example, the profits could be distributed according to the proportion of funds invested by both parties or other negotiated proportions.
- As for the derivative rights that may arise in the future (such as adapting the novel into a film, game, etc.), it was also necessary to clarify the proportion of the interests of both parties in these derivative rights, including decision-making rights (such as the consent of the other party when one party wanted to sell the film adaptation rights, etc.).
2. ** Sharing the debt **
- If there are debts for the development of the novel after marriage (such as loans to expand the scale of the novel's publicity, etc.), it is necessary to clarify the way the two parties share these debts. It could be shared according to the proportion of income distribution, or it could be determined according to the financial ability of both parties.
3. ** Modifications and Termination clauses **
- It stipulated the circumstances under which the terms of the agreement could be changed. For example, if one party's investment in the novel far exceeded the initial agreement after marriage, whether the proportion of rights and interests could be renegotiated, and so on.
- The conditions for terminating the agreement were clearly stated, such as how to deal with the property and rights related to the novel when the two parties divorced, or how to deal with the remaining debts if the novel no longer had commercial value.
** III. Law application and dispute resolution **
1. ** Laws apply **
- To clarify the applicable laws of this agreement, such as the Civil Code and other relevant laws and regulations.
2. ** Settlement of disputes **
- Decide whether disputes between the two parties during the implementation of the agreement will be resolved through arbitration or litigation. If you choose arbitration, you must specify the arbitration institution; if you choose litigation, you must specify the jurisdiction of the court.
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Husband's bankruptcy, the division of the couple's joint propertyWhen the husband goes bankrupt, the scope of the joint property of the husband and wife must first be clarified, including the salary, bonus, production and operation income, intellectual property income, inheritance or gift property (except in certain circumstances), the income from the investment of one party's personal property, housing subsidies, housing accumulation fund, pension insurance, bankruptcy settlement compensation, etc., as well as other property that should be jointly owned.
The principle of division was as follows:
1. ** Principle of agreement precedence **: Both husband and wife can first discuss how to divide the common property.
2. ** Principle of Court Judgment **: If the agreement fails, the people's court will make a judgment based on the specific circumstances of the property. Courts usually followed the following principles:
- ** Principle of taking care of children and women's rights and interests **: The rights and interests of children and women will be taken into consideration when dividing property.
- ** Principle of equality between men and women **: Both husband and wife have the right to divide their common property equally.
- Principle of beneficial to life and convenient for life: Considering the effectiveness of property, when dividing the means of production and means of livelihood, it is necessary to make the property better display its value and meet the living or production needs of both parties.
- The principle of taking care of the innocent party: If one of the husband and wife is at fault, the division of property will take care of the innocent party.
- ** Principle of no abuse of rights **: The property belonging to the state, the collective, and others shall not be divided as the joint property of the husband and wife, and the legal interests of others shall not be harmed in the name of dividing the joint property of the husband and wife.
As for the bankruptcy settlement compensation, if it belonged to the joint property of the husband and wife, it would also be divided according to the above principles. At the same time, if her husband's bankruptcy involved debt problems, she had to distinguish between the couple's joint debt and personal debt. The joint debt of the husband and wife must be borne by both parties. As for the husband's personal debt, it should be repaid with his personal property. When splitting the joint property, the debt repayment should also be taken into account.
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Are novel royalties part of the husband and wife's joint property?The so-called royalties (royalties) belonged to intellectual property rights and had to be discussed in three situations. First, the intellectual property income obtained during the marital relationship was the joint property of the husband and wife. According to this regulation, the royalties obtained after the book written during the marital relationship was published, or the royalties obtained after the book written before marriage was published after marriage were all the joint property of the husband and wife. In the second case, if the book was written during the marriage, the royalties obtained after the divorce would belong to one party's personal property. In the third case, if the book written during the marriage had been published before the divorce and the royalties were obtained after the divorce, it was also considered as the joint property of the husband and wife, because it was a property income that could be obtained clearly during the marriage.
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Is it a physical property or a chemical property?Liquefaction was a physical property. The physical properties of a substance referred to the properties of a substance that did not need to undergo chemical changes. There was no chemical reaction in the process of crystallization, but the state of the substance changed from gas to liquid. Therefore, easy crystallization was a physical property.
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joint peptidsThe arthrotoxin was a compound that naturally existed in the human body. It has anti-inflammatory, pain-relieving, and cartilaginous repair effects. It can protect joints by suppressing inflammation, promoting the growth of cartilaginous cells, and secreting cartilaginous matrix. Its main component was the peptide-like chain, which was formed by the condensation of the amine and the starch groups of the ammo acid. After folding, multiple peptide-like chains formed the protein molecules known as the peptide-like chain. Joint Peptides could improve the body's metabolism, enhance immunity, and could be used to treat rheumatism, back pain, and other bone problems. It also has the effect of promoting the production of joint mucus, which is beneficial for reducing joint pain and inflammation. However, the arthrotoxin had not yet been certified by the Food and Drug Administration and other professional institutions. It could not replace drugs and could only be used as a health supplement. When joint problems have already occurred (such as patients with arthrosis), arthrolysin may be more suitable, and for people who want to prevent joint diseases or maintain joint health, it may be more suitable. In addition, there were false advertisements for joint hormones in the market, so they should be vigilant.
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Property HomeReal Estate Home was a website dedicated to providing a platform for the property management industry to exchange information, documents, and laws and regulations. It provides news and information about the property management industry, as well as the knowledge and skills of property management. The website also provides download of property management information and property law search tools. The goal of Real Estate Home was to provide motivation for the development of China's property management industry.
community propertyThe joint property of husband and wife refers to the property obtained during the existence of the marriage relationship and stipulated by the relevant laws. This included the following situations: One party purchased with personal pre-marital property, paid all the house payment and registered under one party's name before changing the registration under both parties 'names; Various registration and repayment situations of the house purchase jointly funded by both parties before marriage, such as the parents' full house payment and all the house payment registered under both parties 'names, and the house repayment registered under one party's name after marriage. After marriage, the house that the husband and wife repay the loan together is registered under the names of both parties, etc. After marriage, both husband and wife use their common property to buy the house.(Whether registered under the name of one party or both parties); after marriage, one party buys a house with his or her pre-marital property but is registered under both parties 'names; before marriage, one party's parents pay part of the down payment to buy a house for their children and after marriage, both parties jointly repay the loan and the house is registered under both parties' names; after marriage, one party's parents pay the full amount to buy a house for their children.(If the house is registered under the names of both parties or the other party, unless it can be proved that the parents of the investor clearly express that they are giving a gift to their children's spouse, it will be regarded as a gift to both parties); After marriage, one parent will partially contribute to the down payment to buy a house for their children, and both parties will repay the loan together; One party rented the house before marriage and then used the common property to buy the welfare house and registered it under one party's name; During the marriage relationship, the house was purchased and the ownership was obtained.
At the same time, according to the relevant laws and regulations, the salary, bonus, labor remuneration, income from production and operation investment, income from intellectual property rights, inheritance or donation of property (except in certain circumstances), etc. obtained by the husband and wife during the marriage relationship are also the joint property of the husband and wife. Husband and wife had equal rights to deal with common property, and premarital property was not considered common property.
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Is it a physical property or a chemical property to turn steel into steel?Refining steel involved both physical and chemical changes. From a physical point of view, when iron reaches the melting point at high temperatures, it will undergo a change in form, from solid to liquid and gas. From the perspective of chemical changes, when iron ore reached the melting point, a catalyst and an oxidiser were added to separate the iron components, which involved an oxido-reduction reaction. At the same time, the impurities and carbon in pig iron or cast iron were subjected to oxidisation, reduction, and other chemical reactions at high temperatures to obtain better quality steel. In this process, the chemical composition of the raw materials changed, forming new substances. Physical properties were the properties of a substance that did not need to undergo any chemical changes, while chemical properties were the properties of a substance that showed up during chemical changes. Refining into steel was a process of change, not a property.
Is the relocation building a big property right or a small property right?The nature of the property rights of the relocated building could not be simply attributed to large or small property rights. The nature of the property rights depended on the nature of the land and other factors.
If the relocation building was built on collective land, such as rural relocation houses, its property rights were often classified as "township property rights" or "small property rights". Such houses would be subject to certain restrictions on management and use, such as not allowing private listing transactions.
However, if the relocation building had been approved by the official land use, its property right nature could be called "equivalent to the management of affordable housing". After obtaining the property ownership certificate and paying the land transfer fee, it was equivalent to the nature of commercial housing. In addition, the nature of the land used for relocation was usually state-owned land, which meant that such houses could not be used as bank collateral without the approval of the government.
When judging whether the relocation building was a small property right, it was necessary to consider the nature of the land, the nature of the property right, and whether it had been approved through formal procedures.