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The property can't turn on the gas to the owner in time. What should the owner do?
In this case, the property company has the obligation to turn on the gas for the owner in time as agreed. Although the reason why the property can't fulfill the agreement is the unreasonable obstruction of the No.3 owner, the contractual liability is no-fault liability, and the third party should also bear the liability for breach of contract.
Article 12 1 of the Contract Law stipulates that if one party breaches the contract due to the reasons of a third party, it shall be liable to the other party for breach of contract. Disputes between the parties and the third party shall be settled according to law or in accordance with the agreement.
The prosecution shall write a complaint and bring a lawsuit to the people's court where the defendant is located.
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
The prosecution fee includes prepaid attorney fees and attorney fees. The litigation costs range from 50 yuan to 100 yuan; The standard of attorney fees varies from place to place.
According to the relevant provisions of China's civil procedure law, the time limit for people's courts to apply ordinary procedures to hear civil cases of first instance is 6 months; If there are special circumstances that need to be extended, it can be extended for 6 months with the approval of the president of our hospital; If it needs to be extended, it shall be reported to the higher court for approval;
The time limit for hearing cases by summary procedure is 3 months, which cannot be extended. If it cannot be concluded within 3 months, it will be transferred to the ordinary procedure to continue the trial.
Extended data:
code of civil law
Article 118 When conducting a civil lawsuit, the parties shall pay the fees for accepting the case in accordance with the regulations. In addition to paying the case acceptance fee, property cases also pay other litigation fees in accordance with regulations.
If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption in accordance with regulations.
Measures for charging litigation fees shall be formulated separately.
Part II Trial Procedure
Chapter XII General Procedure of First Instance
Section 1 Prosecution and Acceptance
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Baidu Encyclopedia-People's Republic of China (PRC) Civil Procedure Law
Baidu encyclopedia-lawyer's agency fee
Baidu encyclopedia-legal fees
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