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Determination of joint property of husband and wife in enforcement objection procedure Determination of joint property of husband and wife in enforcement objection procedure Based on the current judicial practice, it is more appropriate for the creditor to treat both husband and wife as the subject of the contract when signing a credit agreement such as guarantee and loan, and treat both the husband and wife as co-defendants when suing for claims. Avoid having to sue the other party separately in the future, and request the court to determine that the debt is a joint debt of the husband and wife, and the other party also needs to bear the responsibility for 2022-05-24 More
Should the actual controller of the company be jointly and severally liable for the company's debts? Should the actual controller of the company be jointly and severally liable for the company's debts? The current "Company Law" and judicial interpretations stipulate the liability of the actual controller in five cases, including damage caused by the use of affiliated relationships, malicious disposal of company property, failure to perform liquidation responsibilities in a timely manner, malicious cancellation, and assistance in withdrawing capital contributions. 2022-05-24 More
Is it a work-related injury if there is an accident in working at home during the COVID 19? Is it a work-related injury if there is an accident in working at home during the COVID 19? If a worker works at home according to the requirements of the company, then during the performance of work duties at the “home”, the “home” can be regarded as the place of work, which is also in line with the legislative intent of the “Regulations on Work Injury Insurance” to protect workers. 2022-05-23 More
Provisions on disputes over foreign-related loan contracts Provisions on disputes over foreign-related loan contracts ​In daily life, there are many disputes on private loan contract, or foreign loan contract disputes. These loan contract disputes are clear relevant provisions of the law. 2022-05-20 More
How to choose applicable law for foreign-related contract disputes How to choose applicable law for foreign-related contract disputes If the parties invoke the laws of the same country without raising any objection to the application of the laws, the people's court may determine that the parties have made a choice on the applicable laws of foreign-related civil relations. 2022-05-20 More
Contract Law adapted from Civil Code of PRC Contract Law adapted from Civil Code of PRC The parties shall fully perform their respective obligations as agreed in the contract. The parties shall comply with the principle of good faith, and perform such obligations as sending notification, rendering assistance, and keeping confidentiality in accordance with nature and purpose of the contract and the course of dealing. The parties shall avoid wasting the resources, polluting the environment, or damaging the ecology in the course of preformance of the contract. 2022-05-19 More