1. Now that the beauty salon has been transferred, who should be sued for a refund?
Sue the original shopkeeper. After the transfer of the store, the original creditor's rights and debts shall, of course, be borne by the original owner in principle. The buyer of the store, the transferor of the store and the creditor of the original shopkeeper are in a relative transfer relationship, while the original shopkeeper and the creditor of the original shopkeeper are in a relative creditor-debtor relationship, which are two unrelated legal relationships. However, it depends on whether there is a repayment clause in the transfer agreement. If there is, it may have to bear the debt of the original shopkeeper.
Second, what should I pay attention to when transferring the store?
Understand whether there is a need for large-scale transformation.
The biggest advantage of second-hand shops is that they may have been renovated and the equipment may be ready-made. However, if the shop is transferred with the "top hand fee", the decoration result will not be used. If the renovation and demolition are to be carried out, the capital investment will be greater, the construction period will be longer, and the rent spent during the decoration period will be more.
Understand the reasons for the failure of the last store.
"Be sure to find out the reason why your predecessor left the store, so as to reduce unnecessary risks and don't sign the contract rashly."
First of all, don't believe all the words of homeowners and intermediaries. In order to sign the contract as soon as possible, they will hide some negative facts.
Secondly, we should ask the residents nearby whether the store has been frequently owned, and also observe whether other stores nearby have this situation. If frequent changes of owners become the norm, then the shops here must have their own problems. For example, the location looks good, but the recognition is not good, the traffic is not convenient to cross the road to get to the store, and there are obstacles such as columns and high steps that prevent customers from entering the store.
The transferred store, the province of the province, should not be saved.
The former equipment can be used as soon as possible, and the kitchen decoration can be omitted, but the facade appearance must be redesigned.
Third, the main procedures of civil litigation
A civil action is a civil action. The main procedures of civil litigation include prosecution by the parties, acceptance by the people's court, trial judgment, appeal by the parties, trial judgment by the court of second instance, retrial procedure and execution procedure.
Litigation by parties means that citizens, legal persons and other organizations bring a lawsuit to the people's court when their civil rights and interests are infringed or disputes arise with others. The people's court shall, after examining the prosecution of the parties concerned, accept the case if it considers that it meets the conditions for prosecution prescribed by law, and shall notify the plaintiff within seven days if it decides to file a case for acceptance. After accepting a case, the people's court shall hold a court session in accordance with legal procedures after completing the investigation and preparation before the court session. Cases in which the court applies ordinary procedures shall be concluded within 6 months from the date of filing the case. If there are special circumstances, you should apply for an extension according to legal procedures.
If a party refuses to accept the judgment made by the court of first instance, he may appeal to the people's court at the next higher level of the court of first instance during the appeal period stipulated by law, thus triggering the second instance procedure. The people's court of second instance shall accept cases that meet the statutory appeal conditions. The court of second instance shall hold a hearing to hear the appeal case. The collegial panel may also make a judgment or ruling if it deems it unnecessary to hold a court session after reading papers and investigating, asking the parties and finding out the facts.
The court of second instance shall conclude the appeal case against the judgment within 3 months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it must be approved by the president. The people's court shall make a final ruling within 30 days from the date of filing the case in the second instance. The judgment and ruling of the people's court of second instance are final. If a party considers that a legally effective judgment or ruling is wrong, it may apply to the people's court that originally tried the case or the people's court at the next higher level for retrial, but the execution of the judgment or ruling will not be suspended. The people's court shall hear the case in accordance with the retrial procedure, and if the legally effective judgment or ruling is made by the court of first instance, it shall hear it in accordance with the ordinary procedure of first instance, and the parties may appeal against the judgment or ruling made. A legally effective judgment or ruling was made by a court of second instance and should be tried in accordance with the procedure of second instance. The judgment or ruling made is a legally effective judgment or ruling. Because the retrial case is tried in accordance with the original trial procedure, the trial period, judgment and sentencing are all in accordance with the original trial procedure.
A legally effective civil judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. The time limit for applying for execution shall be counted from the last day of the performance period stipulated in the legal documents, with 1 year for both parties or one of them being citizens and 6 months for both parties being legal persons or other organizations.
Many shops are faced with the problem that the original card cannot be used after transfer. In this case, the original shopkeeper should communicate with the customer when transferring, otherwise, under normal circumstances, the customer will sue, so whoever receives the money will sue.