Those who hold salaries for everyone, they are the backbone of society and the model of the times. They struggled through the wind and snow, bringing warmth and hope to everyone. Their dedication and dedication deserve our deep admiration and gratitude.
We can't let these heroes freeze to death alone in the wind and snow, we must use love and action to hold up a warm sky for them.
As a veteran lawyer who has been practicing for 25 years, I have slowly realized some different understandings from the original, and recently I have some new touches on legal services and client groups.
The first concept, what is a lawyer?
I am a lawyer who has been practicing law for 25 years.
Recently, I have accidentally touched on the thought, what is a lawyer?
Some people say: lawyer, lawyer, lawyer, refers to a person who is proficient in law.
I don't think it's good to understand this kind of understanding, because the lawyer I understand is not a teacher of law, not a teacher of law, not a person who is proficient in law, but a teacher of law, a student of law, a person who learns the wisdom of law, and then maintains the fairness and justice of law.
The daily life of a lawyer is to "read books when there is nothing to do", to learn the law and discover wisdom. Studying the law and discovering wisdom is our top priority.
The second concept, what is the law?
Take the law as a teacher, learn legal wisdom, and then maintain legal fairness and legal justice.
So what is the law?
Law should arise out of freedom and equality, and law exists for fairness and justice.
Freedom "gives people the right to do whatever you want";
Equality "gives people the obligation to "do whatever you can do, I can do it".
People are born free, everyone has the right to do what they want, and they have to live together in society, so there will inevitably be a collision.
Law is a series of rules that start from the two original "axioms" of freedom and equality, and use formal logic to deduce what a person can do and what he must do.
Rights are what I can do, and obligations are what I need to do.
Law is all about the rules of rights and duties.
Specific legal provisions are nothing more than logical and specific restrictions on the conflict of rights in social life, that is, legal responsibility.
Use legal liability to resolve conflicts of rights;
Use legal responsibility to maintain fairness and justice.
A lawyer's daily life is to "handle cases when there is something to do", and use the law to uphold justice.
Focus on the overall situation of society, pay attention to the development of enterprises, and pay close attention to the legal responsibilities of entrepreneurs in business difficulties
We at Zhihang Law Firm pay attention to the entrepreneur community, and our work revolves around "taking the law as a teacher and respecting justice".
Faced with the pressure of the economic situation at home and abroad, some enterprises are in trouble, and some entrepreneurs are in a desperate situation. Enterprises cease production, entrepreneurs are in debt, and their lives are poor.
In the face of this group, from the perspective of a bystander, will there be a sigh or even a flash of schadenfreude when "I saw him rise up a tall building, I saw him feast on his guests, and I saw his building collapse".
When the enterprise develops, go all out and have no reservations; When a business goes bankrupt, it is heavily indebted and affects its children and grandchildren. Whether it is the blacklist affecting the political trial, or the children are in debt.
For the development of society, entrepreneurs have dedicated their property and youth, their youth to their lives, and their children and grandchildren for their lives. Others leave property to their children and grandchildren, and entrepreneurs may leave debts to their children and grandchildren.
Enterprises provide employment for society, tax revenue for the government, and wages for employees, but if the business fails, it will leave debts to its children and grandchildren. Those who hold wages for the society should not be allowed to freeze to death in the wind and snow.
Are there any debts that entrepreneurs should not bear, and are there legal responsibilities that entrepreneurs should not bear?
Therefore, in recent years, we have been paying close attention to the cases of troubled enterprises and entrepreneurs, and clarifying the boundaries of legal liability for troubled enterprises.
Here's an example:
The younger brother privately engraved the official seal of his sister's company to give tens of millions of IOUs to others, which was recognized by the court as superficial.
After we intervened, we dug out a detail, first my brother personally made tens of millions of IOUs to others, and then in the name of my sister's company, I made tens of millions of IOUs.
For the same debt, two sets of IOUs were found.
We argued that the personal debts came first, and the debtor and the creditor issued the loan note in the name of the enterprise on the premise that the personal debts already existed, which was collusion to transfer the debts, which did not constitute a prima facie **, and the court rejected the claim against the sister company. It has reduced the debt burden of tens of millions of yuan.
Second example:
After the loan line of the enterprise is exhausted, the shareholders of the enterprise shall sign a personal loan contract of 20 million yuan with the bank, and borrow 20 million yuan from the bank for the use of the enterprise. At the same time, the bank requires the spouse and adult children of the shareholders to promise to jointly bear the repayment obligation with the family property.
The company filed for bankruptcy, and after the bankruptcy was over, the bank sued the shareholders for repayment of 20 million debts.
Should shareholders repay their debts? How will the court decide?
If the shareholders and their families are sentenced to return it together, wouldn't this be a dedication of youth and life, dedication of oneself to the whole family, and now the whole family to the children and grandchildren?
In the communication with the entrepreneur, the entrepreneur reported that the bank knew that it was used by the individual borrowing enterprise, and following this clue, we finally found some evidence to prove that the bank knew that the individual was borrowing on behalf of the enterprise when the shareholder signed the personal loan contract.
Therefore, we propose that this is an anonymous name under Article 402 of the Contract Law and Article 925 of the Civil Law. When the shareholder signs a personal loan contract with the bank in his personal name, the bank knows the relationship between the shareholder and the enterprise, and the loan contract directly binds the bank and the enterprise. Although the enterprise has gone bankrupt and the bank has received very low repayment, according to the principle of operating at its own risk, it cannot be borne by the first person.
Taking the law as a teacher, respecting justice, and facing the special group of entrepreneurs, we use legal wisdom to support a sky of survival and the dignity of survival for entrepreneurs - for those who hold salaries for society.
This is the work carried out by our Zhihang lawyers around "taking the law as a teacher and respecting justice", and looking forward to 2024, we will still adhere to:
Learn when you have nothing to do, take the law as your teacher, and learn the wisdom of the law;
Handle cases when there is an incident, take the law as a contradiction, and pursue reverence for justice.
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