China’s Legal Environment For Foreign-owned Enterprises– On The Perspective Of Foreign-owned Enterp

As we know, legal environment plays an important role for investment environment, and is also a necessary factor of attracting potential foreign investors. In this case, it has become an essential indicator for improving investment environment in China. Since reform and opening up of China, a series of foreign investment law was published during 1980s to build a legal system of foreign investments. “Law of the people’s republic of China on foreign-owned enterprise”1 and “the law of foreign-owned enterprise implementation regulations”2are parts of them. As a mount of foreign-owned company established in China in last century and China joined in WTO in 2001,”Law of the people’s republic of China on foreign-owned enterprise”and its implementation regulations have been amended in 2000 and 2001 respectively to adapt to the new changes in economic circumstances. Thus a free and open legal environment for foreign enterprises has been improved initially. For example: the enterprise’s obligations of exporting3 and reporting the production plan4 were canceled, which was stipulated in the old foreign-owned enterprise law. Moreover article of “the priority to buying Chinese raw materials and fuel under the same conditions5” was removed either, in order to esteem business autonomy; articles contrary to the provisions of the stipulation of WTO were deleted as well, including “balancing own foreign exchange”6, “requirement for local materials” , “requirements for exporting implementation” etc.

Though the new foreign-owned enterprises law considered more about the new economic situation, there are still some incomplete aspects which restrict the foreign-owned enterprises to go further in China market. Meanwhile, several conflicts are arising between new “company law”, which was published in 2006, and foreign-owned enterprise law. Those problems all affect the development of foreign-owned enterprises in China. From this point of view, this article will analyze the drawbacks of foreign-owned enterprise law and the effect of them on China’s legal environment:

1) Implementing issues of foreign-owned enterprise law.
Firstly, the amendments for “foreign- owned enterprise law” and their implementing regulations in respect of procedure matters were not enough; therefore, the fact that to set up a foreign-owned company would experience eventually a very complex, long and inefficient process, has not been changed fundamentally. Under the current regulations, the basic formation process includes the following steps: (1) Submit the application to the government of county level or above the county level where the foreign-owned enterprise will be established, and deliver relevant documents. (2) Submit the application through the above government to the approval authority for approving the establishment. (3) Registration in the industrial and commercial bureau. (4) And other related registrations. The completed process not only links many departments, but also requests for submitting a variety of written materials. The whole process usually makes potential foreign investors too confused to continue the investment. Finally, the enthusiasm of foreign investors is weakened badly. Fortunately, all levels of government have stood on the front line of attracting investment, and taken various measures to improve the investment environment to promote investment practically. At the same time county, district, development areas have been authorized to approve the project directly through various forms. Above all, it is absolutely significant and possible to simplify the procedures of foreign-owned enterprise establishment.

Secondly, the problem of long establishing period is also worth consideration. Foreign-funded enterprises will spend about six months on registration and approval procedures under current regulations. But in practice, a number of areas’ governments have reduced processing time to provide conveniences for foreign investors. For instance: Henan province commits that approval of foreign investment will be finished in five working days. In addition, the government of Shenzhen province also commits that the application, approval and registration in the industrial and commercial bureau of encouraged project7 will be finished within 12 working days. Therefore, from my point of view, establishing period should be shorted in order to enhance the enthusiasm of foreign investment.

2) Conflicts between foreign-owned enterprise law and new company Law Foreign-owned enterprise law, which is an important part of “Foreign Investment Law8” , has been outside the company law system alone for several decades, and formed a set of enterprise system and legal rules different from company law. One part of those rules is about the unique system and stipulations, which are related to the foreign economic relationship; the other part is about the general rules and system of corporation limited. In response to this conflict, company law provides that the limited corporation which is funded by foreign investor adapts company law; but also provides, at the same time, that if there are “other regulations” in the foreign-owned enterprise law, adapt its regulations. The problem is what the “other regulations” point. It is reasonable, if they refer to the unique system and rules of foreign-owned enterprise law; if, however, they include every aspect of present foreign-owned enterprise law, the situation of undermining the legal unification will emerge. Therefore how to deal with the situation? A legal pattern of the foreign-owned enterprise law ruling its unique system and the regular rules of a corporation adapting company law should be established. By doing so, these two laws would coordinate with each other smoothly. The confusions of foreign investors can be reduced to a great extent during the daily business contacts.

The authority has paid attention to above problems and recognized the negative effect of these drawbacks. Some officials of Commerce Ministry said that amendments of foreign-owned enterprise law are in the pipeline. I do hope these problems will be resolved in the amendments. A better and healthier legal environment for foreign-funded enterprises will be provided as a result.

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1It will be simplified as foreign-owned enterprise law in the following text.
2It will be simplified as the implementation regulations in the following text.
3Refer to Article 3 of the old implementation regulations: “the annual output value of export products accounts for more than 50% of the annual output value of all products”.
4The foreign-owned enterprise should submit its product plan to relevant authority and enforce the product plan as an economic administrative contract.
5Refer to Article 15 of the old foreign-owned enterprise law: “within the scope of the operations approved, enterprises with foreign capital may purchase, either in China or from the world market, raw and
semi – produced materials, fuels and other materials they need. When these materials are available from both sources on similar terms, first priority should be given to purchases in China”.
6Refer to Article 3 of the old implementation regulations: “the annual output value of exported products accounts for more than 50% of the annual output value of all products, thereby realizing the balance between revenues and expenditures in foreign exchange or with a surplus”.
7Refer to the implementation regulations Article 3: A foreign-funded enterprise to be established must benefit the development of China’s national economy and be capable of gaining remarkable economic results. The state encourages foreign-funded enterprises to use advanced technology and equipment, engage in the development of new products, realize the upgrading of products and the replacement of old products with new ones, economize energy and raw materials, and it is also encouraged to establish foreign-funded enterprises which are export oriented.
8Chinese Foreign Investment Law concludes “Law of the peoples republic of China on Chinese-foreign equity joint ventures”,”Law of the peoples republic of China on Chinese-foreign contractual joint ventures”,”Law of the peoples republic of China on foreign-owned enterprises”, and their implementation regulations.

Are Royal Assent, Pardons And Prorogation Fact Or Legal Fiction

Elizabeth II is the Head of State of the United Kingdom and fifteen other member states of the Commonwealth of Nations. These countries are constitutional monarchies, meaning that they operate under an essentially democratic constitution, the Queens principal role being to represent the state. Very often, she is viewed as a symbolic and apolitical personage with no real power. But is this entirely true? Does the Queen really possess purely nominal authority, or can she in fact exercise her will in any public action? This is not an easy question to answer. I will attempt to do so by focusing mainly on one of her most important theoretical prerogatives: the right to grant or deny royal assent to laws passed by Parliament.

A difficulty in judging the extent of the authority presently held by the monarchy lies in the fact that the British constitution has not been codified into one single document and much of it remains unwritten. The extensive power that the monarch once indisputably possessed, including the right to administer justice, dissolve Parliament or pardon crimes, was largely a matter of common law and not statute. What laws were codified (the Bill of Rights of 1689 and the Act of Settlement of 1701 standing among the most important) served more to restrict the Monarchs power than to entrench it. Thus, the residual powers still reserved to the Queen continue to be more a matter of constitutional convention than of written rules. Formally, no Act of the British Parliament becomes a proper law until it is given assent by the Queen. Yet in practice, Elizabeth II assents to all bills, irrespective of her opinion on them. The last time a British monarch rejected a law was in 1708, when Queen Anne vetoed the Scottish Militia Bill, and even then, she did so at the request of her ministers. Since then, the right of royal assent has fallen into disuse, leading some constitutional theorists to claim that a new convention obligating the monarch to assent to all bills has arisen. This view was famously stressed by Walter Bagehot in his 1867 volume The English Constitution:

…the Queen has no such veto. She must sign her own death-warrant if the two Houses unanimously send it up to her. It is a fiction of the past to ascribe to her legislative power. She has long ceased to have any.

In earlier generations, such a bold assertion of the monarchs supposed lack of power would have been unpardonable. Even I see some flaws in this theory. For one thing, the only evidence on which it stands (besides Bagehots claim) is custom. Even if all the monarchs since Queen Anne have assented to all bills presented to them, there is no formal change in any official policy that would indicate that the practice will be followed for the next bill. Additionally, if the Queen decided to withhold assent to a bill, what legal mechanism could force her to do otherwise? It would seem to me that in such an event, the veto could only be effectively circumvented by some kind of revolutionary act – as a minimum, by the Government refusing to respect the veto, which would undoubtedly lead to a constitutional crisis.

The situation is more clear-cut in Canada, which, unlike the United Kingdom, has a constitution that is largely written. The Constitution Act, 1867 clearly delineates the powers of the Crown. According to Section 55 of the Act, when the Governor General (the Queens representative in Canada) is presented with a bill that has been passed by Parliament, he may declare that he assents to it in the Queens name, that he withholds his assent, or that he reserves the bill for the signification of the Queens pleasure (letting the Queen decide the matter; according to Section 57, she may do so within two years after the Governor General receives the bill). Furthermore, as per Section 56, the Queen in Council (the Queen acting on the advice of her Privy Council) may disallow a law assented to by the Governor General within two years after receiving a copy of the law. Therefore, the Queen, together with the Governor General, does have the formal authority to veto a law passed by the Canadian Parliament. Nevertheless, no Governor General has done this since Confederation in 1867, although some provincial Lieutenant Governors have vetoed provincial laws or reserved them to the pleasure of the Governor General (under the authority of Section 90 of the Constitution Act, 1867). This happened most recently in 1963 when Saskatchewans Lieutenant Governor Frank Bastedo reserved a bill.

On top of that, there are instances in recent Commonwealth history of other royal prerogatives being directly exercised by the Crown against a governments wishes. Depending on the country, the crown may have extensive official powers, including the appointment of ministers, granting of pardons for eliminating criminal records, or calling an early election, and some of these have been exercised in person, especially during unclear political situations. A classic example is Governor General Byngs 1926 refusal to call a very early election at the request of Canadian Liberal Prime Minister William Lyon Mackenzie King, who wished to remain in power despite the stronger footing of the Conservative party in Parliament. Byng refused to do so; King was incensed by this supposed infringement on democracy, but Byng stood his ground. Another famous example was the dismissal of Prime Minister Gough Whitlam by Australian Governor General John Kerr during the 1975 Australian constitutional crisis. Whitlams controversial government did not have control of both houses of Parliament and he petitioned Kerr to call a half-senate election. Instead, Kerr dismissed him and appointed Malcolm Fraser, the leader of the Opposition, in his place.

The fact that the royal prerogative is rarely exercised, if at all, by the Queen and her representatives, appears to be more the product of a conventional good will on their part than an actual legal requirement. I hope Bagehot would pardon me if I surmised that he overdid it when he claimed that the Queen must sign her own death-warrant; what he was speaking about was more a matter of everyday practice as he saw it than a real summary of the standing law. After all, the monarchy seeks to stay popular and in todays age of democracy, its very existence depends on public approval.

Information On How Drug And Alcohol Testing Becomes Legal

Employers are keen enough to make sure that their workplace is free from alcohol or drug abuse. They are aware that drug and alcohol abuse will cause ill-health, distract staff production and performance as well as increase the possibility of injuries and accidents.

Because of the risks associated to drug and alcohol abuse in the workplace, companies can implement their own policies to monitor the health of their personnel. This monitoring includes doing legal drug and alcohol abuse tests.

Drug Or Alcohol Screening and Employee Rights

While companies have the right to conduct alcohol and drug screening in the office, this still requires the consent of their employees. Normally, employers have the ground to perform the testing under an occupational health and safety policy as specified in the company handbook or work contract of their personnel. Testing can occur during applicant testing, random testing, planned testing, post-accident testing, and treatment-related testing.

What Happens if an Employee is Positive to Substance Abuse?

In some states, companies are allowed to take disciplinary actions which include dismissal without the need to conduct another testing to confirm the laboratory result. But other states may need a confirmatory screening before companies can take disciplinary actions. In a few states workers who’re positive to drug and alcohol abuse is required to enroll in drug and alcohol rehab programs, usually at their expense in drug treatment centers.

Vital Considerations for Companies

Alcohol and drug screening in the office is supported by courts and this is really encouraged in some states. This implies that most private companies have all the freedom to perform the test. However, employers should know the limitations of the examination. They must ensure that the test is conducted for reasonable purposes in a way that it will not violate the law that protects men and women from unreasonable seizure and search.

Companies should also label the urine samples individually and ship them with security to maintain confidentiality. The testing results must only be revealed to them and to their worker after the results are released from their authorized laboratory. Moreover, if companies are doubtful on the legality of the drug and alcohol abuse testing, they can talk with their company lawyer or a business lawyer.

While employers do not need to comply with some legal requirements to perform drug and alcohol abuse testing in their workplace, it can be reasonable to do so. The financial safety of a firm can be protected by this examination.

Posted in Law

Real Estate Lawyer – Why Do You Need One

Matters related to real estate are pretty complicated. People who intend to buy and/or sell houses are advised to make consultations with a specialized real estate lawyer before proceeding with the any legal property decisions.

Real estate transactions are considered to be one of the most important investments in a person’s life. This is exactly why one should be careful about his decisions when it comes to property affairs. A real estate lawyer is the person who holds expert knowledge in the field of properties, home-buying and home-selling. He is someone who is well-versed with the legal system and is capable of analyzing the possible risks that your case may be having. .

Always remember that a general lawyer might not be much acquainted with real estate affairs and hence, is not appropriate to help you in your case. A real estate lawyer has specialized in the field of residential and commercial property dealings. You need an expert who can help you to make the right decisions and can pull you through the legal procedures smoothly.

Property transactions involve complex issues and only a well-trained lawyer would know it better.

Generally, a real estate lawyer has the following duties:

1. Assisting his clients in dealing with the property procedures.

2. Negotiating on sales and purchase agreements.

3. Drafting construction agreements and ground leases.

4. Handling real estate closings.

5. Keeping a detailed record of important documents and paper-works.

6. Making sure that all the property dealings have been done in accordance with legal rules and regulations.

7. Representing his clients at the court.

Selling or buying a house is a major financial decision in anyone’s life. A house is a symbol of comfort, security and stability. So, it is more of an emotional decision for most people. Also, a huge amount of money is involved in property transactions. Involving an attorney can save you from many serious issues.

Real estate lawyers are not just mediators. They can be very helpful in settling property disputes. As they are professional in their jobs, you can be assured of your work getting over in a timely manner. Real estate matters like boundary disputes, mortgage foreclosures and property splits can be resolved easily if you work with an experienced attorney.

It is not a difficult task to get hold of an eminent real estate lawyer. Gettysburg has many good attorneys. The expert team of lawyers at Stoneduncan can be of great help if you are searching for a real estate lawyer for your case.

A Criminal Defence Lawyer Explains How To Get Your Charges Withdrawn Or Stayed

If you have been charged with a criminal offence in Canada, you may be wondering what the options are for getting rid of your charges. Obviously, you can make a plea or have a trial. However, in some cases, there are other options such as having your charges withdrawn by the crown attorney or stayed. This article explains what those two terms mean.

When can the crown withdraw a charge?

The crown attorney has the right to withdraw any criminal charge before an accused person enters a plea in open court.

If you have already entered a plea, the crown attorney can still withdraw a charge, but the court must also agree that withdrawing the charge is appropriate.

If the crown tries to relay the charge after the charge has been withdrawn, the court may intervene to ensure there is no abuse of process.

Any attempt to relay a criminal charge after a withdrawal by the crown attorney should be discussed with your defence lawyer because any decision by the crown to prosecute after a charge was withdrawn may require a legal application to be brought before the court.

What about a stay of the charges? The crown attorney may also stay the proceedings as of right at any time before a final judgment is rendered. A stay of proceedings stops the prosecution proceedings immediately. The court has no power to intervene to require the continuation of the prosecution. Once a stay of proceedings is entered, the accused can also automatically be released from detention.

A stay of proceedings is an excellent outcome for the accused person. However the crown does have the power to recommence the prosecution after a stay of proceedings has been entered. This is why you should discuss with your criminal defence lawyer whether or not it is possible to obtain a withdrawal of charges rather than a stay of proceedings.

Sometimes, an experienced defence lawyer can persuade the crown to agree to withdraw the charges rather than entering a stay of proceedings.

How is either a stay or a withdrawal achieved? In many cases, these excellent outomes ocur because your criminal defence lawyer has negotiated with the crown attorney. Under Canadian law, the Crown must not proceed with the case if there is “no reasonable prosect” succeeding at trial. In the right case, an experienced criminal defence lawyer can demonstrate to the crown attorney that the crown’s case is doomed and should not continue.

A car accident lawyer in Opelousas can help

Finding a car accident lawyer has become easy and convenient for all with constant access to the internet.

Whenever one is involved in an unpleasant car accident then it is as if everything and life itself comes to a standstill. Even if the injuries are not serious, the shock and trauma of the accident are too much to deal with and maybe one would require a few days at home, in rest to deal with the sudden changes. One may be thankful that one’s injuries were not very serious but at the same point one should not ignore the legal aspect of the incident. One may require a few days to get back on track but after that one should consult an experienced car accident lawyer in the city and ensure that a legal suit is filed against the other party involved in the car accident. Today one can find the best and the most reputed car accident lawyer Opelousas thanks to the internet and the constantly developing web technology. y.

Consult a well-known family law firm

One should only consult an experienced and reputed car accident attorney. One is sure to find one such well-known and well trained lawyer with any of the reputed family law firms in the city. Finding the best and the most popular family law firms in any city is no big deal today. A simple online search will yield the names of the best and the most well-known family law firms in town and this information is displayed along with the website addresses of the law firms. Once the website addresses are in hand then half the job is already done. All the remains to be done is to browse the websites of the popular law firms, check out the services offered by them, check for qualifications of the lawyers and accreditation of the law firm, if any and then compare the services.

Take the time to research

This can be done almost instantly and the method is bound to be much faster than making a phone call to the various law firms to enquire about their services offers and charges. This is by far the best way to find q reputed car accident lawyer, Opelousas and most of the people today are doing exactly this. When things have become so simple, hassle free and convenient then the customer should make use of these conveniences and resources to find the best service providers in town. He should not fall back on putting in the time and the effort to do some research so that he lands up with the names of the best services in town.

New Zealand Visa Requirements and Immigration

To enter New Zealand you must have a passport valid for 3 months after the date of your intended departure. To be eligible for immigration to New Zealand, You must be under 56 years of age, you, your partner and any dependant children less than 17 years of age must complete a health declaration to ensure you meet all standards of health, Must have a good character, Pass English language requirements

To be eligible for a New Zealand visa you need the following requirements which are required by all entering the country.
A valid ticket to exit New Zealand
Sufficient money to support
A passport valid for 3 months beyond the scheduled date of departure from New Zealand
A completed and signed application form
A recent passport-sized photograph
Evidence of financial support or sponsorship for visitors
Evidence of onward travel
Evidence of payment fee for students and a written guarantee from an institution that suitable accommodation is available for you in New Zealand.

New Zealand immigration monitors the number of people who arrives in New Zealand each year, from permanent and temporary residents to visitors and holiday makers. It monitors holiday travelers going to New Zealand for up to 23 months to travel and work; potential migrants who wish to live in New Zealand permanently must first obtain a residence visa to enter the country and temporary workers who wish to travel and work. The new immigration act which passed into law in 2009 replacing the 1987 act is aimed to enhance border security and improve the efficiency of the immigration services. Key aspects of the new act include the ability to use biometrics, a new refugee and protection system, a single independent appeals tribunal and a universal visa system.

The immigration scheme has been designed to comprise two stages; the lodging of an expression of interest and the invitation to apply for residency. You need to score a minimum of 100 points to be able to lodge an expression of interest. Skilled migrant category has been designed to attract highly skilled migrants to New Zealand, particularly in those industries and regions of New Zealand experiencing growth and skill shortages. Immigration to New Zealand offers a better quality life because it is a safer place to bring up a family or emigrate to enjoy surfing, fishing and beach life. New Zealand is a modern, wonderful mix of western and pacific cultures and forward thinking creative country.

Temecula Immigration Law – What Are Your Chances of Success

Temecula Immigration Law – What Are Your Chances of Success?

Temecula, CA Immigration Lawyer, John Mansfield, explains:

One of the most common questions that I’m asked is “What Are My Chances of winning my immigration law case?” or, “Will I win My Immigration Case?.” Obviously, the answer to that question depends on several factors.

First, your case must fit within one of the legally recognized categories approved for granting relief. Certainly you will want to go to an immigration attorney who is going to give you an honest evaluation of your immigration case. Be sure that you are honest and forthcoming with your lawyer even at the first consultation, to ensure you get an educated and fully informed legal opinion regarding your chances of success in an immigration case.

A huge factor in the success or failure of an immigration case is selecting the right attorney. You may have a comfortable relationship with your family attorney that perhaps draws up wills and trusts, or maybe someone who handle your divorce or does personal injury, but you’ve got be very careful. You don’t want to use someone who is not familiar with the complex immigration laws. Understand that just because someone may be an attorney, he or she may not necessarily be an expert with immigration law.

Immigration law is unlike any other area except, perhaps, tax law. It’s similar to tax law in that it’s very complex, it’s very technical and it changes almost every day. I would say immigration law changes even faster and more frequently than tax law does. You really want someone who is either a specialist or exclusively practices in the area of immigration and nationality law. It’s that technical, it’s that complex, and if you have been in the system or know someone who has, then you certainly know that to be true.

Whether you are going to win your case or have a good chance of winning, depends greatly on whether you disclose any criminal records, or previous deportations. Perhaps you’ve taken a volunteer departure with the border patrol? Perhaps you have a entered the US illegally? Perhaps you over-stayed your authorized time period? There are a number of things that factor into your chances of a successful immigration case.

Beware of attorney’s that will try to tell you “you have a case” over the phone. They can perhaps give you an idea that you may have a case, but for someone to tell you over the phone or by email that you definitely have a case, and that they can win it for you, should be a red flag to yoube cautious.

The good news is that in most cases my firm has an extremely high success rate. For example, in adjustment of statutes -cases which are generally family based, green card applications, my firm has a 99% success rate. If it’s a court case with deportation, we generally have somewhere between a 75-90 percent success rate. I considered that pretty high and I’m very proud of our record.

I encourage you to get a reasonable and well thought out legal opinion from an immigration attorney BEFORE you commit your time, money and resources and put your life in that persons hand. Please be very careful and deliberate about how you choose your immigration attorney.

Hopefully this is been helpful, and remember: know you rights before you undertake something as important as immigration law.

Contested Divorce in Thailand Ending a Marriage under Thai Law

Under section 1501 of the Thai Commercial and Civil Code a marriage in Thailand can be terminated by one of three different methods.

1. Death of a spouse
2. Cancellation by Court
3. Divorce

1. Death
The death of one of spouse is easy to understand.

2. Cancellation By Court
Approaching the Court in Thailand to cancel a marriage is not frequently brought into being. It is only in special cases with extremely good reason that the Court can be approached to cancel a marriage. This is eligible in circumstances where the plaintiff becomes aware of facts or factors relating to the marriage or the defendant that he or she was not aware of before the marriage. The facts or factors need to be of such nature that the plaintive would not get married if he or she were aware of these particulars before the marriage.

When the Court cancel a marriage it is not regarded as a divorce and it is considered that the marriage never took place.

3. Divorce
According to Thai Law, there is no differentiation between Thai nationals and foreign persons. Not considering a persons nationality, under Thailand Law, all inhabitants are acted towards in the same way.

Two forms of divorce can be obtained in Thailand:
1. Contested divorce
2. Uncontested divorce

Contested Divorce
A contested divorce can be requested by one of the parties for one or more of the following reasons that you will found under section 1516 of the Thai Commercial and Civil Code:
A different female is awarded status and is maintained as the wife of the husband and/or adultery is committed by one spouse
One of the two parties to the marriage has committed a crime and is found guilty or other form of misconduct.
One of the two parties have caused severe mental, emotional and or physical injury to the other party or have severely affronted the other party and or one or more of this parties family.
One of the parties to the marriage has forsaken his marriage party for a period that exceed one year.
One of the parties to the marriage has been sentenced to a prison term by Court and has been in prison for longer than a 12 month period, provided that the plaintive is not guilty of any involvement, approval or aware of the crime or misconduct of the defendant. Moreover that should the parties remain married and live together the plaintive will suffer undue harm or tribulation
Both parties, out of own accord does not live together any more for a period longer than 3 consecutive years.
One of the parties to the marriage are believed to gone astray, and or left the mutual residence for longer than three years. In addition it is not ascertainable if the person is still alive.
Be deficient in maintaining a marriage.
One of the parties has been declared to be in poor mental health for more than three consecutive years with no prospect of recovery.
One of the parties has failed to remain committed to the bond of good behavior.
One of the parties is be diagnosed with a transmissible and contagious hazardous illness which is not curable and that can result in harm to the other party.
One of the parties are affected by a physical impairment to such an effect that it is not possible to enduringly live together as husband and wife.

The Procedure for a contested Divorce:

1. A petition must be filed at the Court
2. Where claims of monetary compensation are applicable (like getting back 50% of the “common” or “marital property” called “Sin Somros” in Thai) a deposit of 2% of the value of the claim must be paid to the Court.
3. If the ruling is made in your favor, judgment can be made that the other party must pay back the deposit.
4. In the event where children were born out of the marriage, you will first have to go trough juvenile division proceedings that will provide the court with a report in this regard.
5. When parties can not agree during the negotiation session in Court, a trial date will be set.
6. The burden of proof is on the plaintiff and the plaintiff must be present during proceedings. Should the defendant do not attend, only the evidence presented by the plaintiff will be taking into consideration.
7. This process can take between 3 to 12 months in normal circumstances. That doesnt include appeals.

There are 3 main tasks that the Court will:

A) Verify is there is enough evidence about the ground. If not, the Court wont grant a divorce and it will stop.
B) If there is enough evidence to divorce, the Court will decide about the children of the couple. If there arent any children, then it goes to next step. The Court will rule according to the best interest of the children.
C) The Court will separate the common property between spouses in 50-50%. In cases where adultery is the ground, a Thai court can also allows damages to be paid if damages are claimed to the Court.

Seeking Compensation For Personal Injury

Accidents happen, sometimes to good people that are innocent of any apparent wrongdoing. Whether work related, on the job or being involved in a slip and fall accident on the street people are prone to accidents that are not their fault. On the Eastern seaboard in South Jersey, injury lawyers work to claim damages for their clients that have been involved in an accident that was not their fault. In many cases negligence is to blame when a person is injured through no fault of their own. Negligent people that are not conscious of their actions are held responsible for many accidents that take place on their property or through an unsafe working environment.

Personal injury lawyers working for the innocent victims of negligent accidents are out to claim recompense for damages from the pain and suffering of their clients. Many innocent people are injured each year and have to cover the medical expenses of their injuries as well as the time lost at work because of the nature of their injury. Along with these expenses lawyers also seek damages for the mental anguish that was caused to the injured person as a result of the stress that they suffer in being incapacitated or hospitalized and not knowing how they are going to restore their life to a state of normalcy.

The legal system of the United States is set up to protect the rights of all people and hand down judgments of fair justice to people that have been negligent or committed a criminal act. Through proper representation by an accredited attorney people that been injured through no fault of their own can have their day in court and claim damages from the responsible parties for their pain and suffering. In South Jersey injury lawyers are hard at work preparing cases for their clients that are against the responsible people that have done harm to another because they were in some way careless. Homeowners, business owners, corporations and local governments are all potential targets of injury lawyers that are seeking out justice for their clients.

In cases where personal injury results in a death the damages claimed by family members can skyrocket into the millions as was the case a few years ago when a pedestrian was struck by a city bus. Although the man did not die, he was seriously injured and as a result won a judgment against the city totaling eighteen million dollars for negligence on the part of the bus driver. The innocent victim was hospitalized for a period of six months and faced mounting medical expenses as well as having to rebuild his life after the accident. His injury lawyer sued the city and won the case claiming justice for the man that had suffered so much loss.