Residents in the Atlanta area who are seeking or considering divorce may wish to consult with an Atlanta divorce lawyer. Often times, divorce can be a complicated issue and even an amicable divorce may quickly develop into a quagmire as both spouses seek to come to an agreement. However, with the assistance of an attorney, it may be possible to turn the tables and secure a favorable result.
Types of Divorce
Broadly speaking, there are two different kinds of divorce: no-fault divorce and at-fault divorce. In a no-fault divorce, there is no allegation or proof needed of fault on behalf of either party. However, specific rules apply to no-fault divorces, and a period of separation may well be required before seeking the divorce.
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Every business established in China, whether domestic or foreign, is required to have a legal representative. He/she is the main principal of the company and is the employee with the legal power to represent and enter into binding obligations on behalf of the company in accordance with the law or articles of association of the company. Essentially, the legal representative is someone who is appointed to act on the companys behalf and Article 38 of the General Principles of Civil Law of the Peoples Republic of China defines the role as the responsible person who performs the duties and powers on behalf of a legal person in accordance with the law or the constituent documents of the legal person.
However, foreign investors often have only a limited understanding of the legal representatives role and are startled when they learn of their power and how difficult it is to replace an un-cooperative one. Legal representatives possess broad powers and potentially unlimited liability. When concluding a contract a legal representatives acts are binding on the company even if he/she is acting beyond their authorized scope. Failure to properly understand the powers and responsibilities of a legal representative can therefore lead to a situation where foreign investors are held to ransom. In appointing a legal representative, it is vital to bear in mind that the legal representative will essentially have the full keys to the company, cash, and capital.
Amendments to the PRC Company Law require a new company established on or after January 1, 2006 to appoint a supervisor, or board of supervisors depending on the size of the company, whose role is to monitor the activities of the legal representative. Shareholders and employee representatives of a company can act as supervisors. However, members of the companys board of directors or senior management may not simultaneously serve as supervisors. If a company has a board of supervisors, it must have a proportion of employee representatives which accounts for at least one-third of supervisory membership. The supervisor, like the companys directors, is not required to reside in or visit China.
The law of the Internet has no history to fall back on. Cyber law is being developed by judges who must do their best to fit legal disputes on the Internet into preexisting legal frameworks. The legal principles governing conduct and commerce in cyberspace are still in a state of flux. With all the information that is exchanged on the internet it makes it an easy target for crimes to be committed. You exchange your personal information every time or join a social network. Strangers are consistently trying to access this personal information about others so it can be used in other ways. The internet law is drawing in more people daily for using; it is also drawing crime in. The crimes on the internet are mounting daily. There are many different kinds of crimes that are done for different reasons. Some crimes like hacking are done so a person can have bragging rights. Other crimes are done in order to get a person personal information so it can be resold on the black market. There are different types of internet crimes, computer instructions which mean bots, worms, viruses and hacking. Computer intrusions have been known to take down complete systems in many different organizations. Sometimes it’s another organization knocking the competition out for a while. It is also someone wanting to brag that they hacked into a major system and disrupted things and made the system crash. These are just a few of the internet crimes that are committed around the clock. There is internet law to handle internet crimes. These internet laws are dealt with just like a crime that was not committed on the internet. There will be steep fines and even jail time if a persons is caught doing any type of crime on the internet. The world is creating internet laws right now a process that is both exciting and frightening to watch. Unlike other areas of commerce that can turn to historical traditions to help settle disputes and guide the development of the law, the law of Internet has no history to fall back on. Cyber law is instead being developed by judges who must do their best to fit legal disputes on the Internet into preexisting legal frameworks.
Author is an executive with the law group. For more information on law of the Internet visit the website law of the Internet
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WHAT IS MEDIATION?
In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.
Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.