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Home Tags Posts tagged with "Civil code"

Tag: Civil code

How principal, interest are calculated and applied in court (Part 2)

By Chen Yanhong, DHH Law Firm

A concise guide to penalty interest, compound interest and judicial rate caps for bank loans, with key rules and case law insights

Shipwrecks and the law

Last November,?this columnist visited Singapore to deliver some training for the Singapore Academy of Law and revisited one of many museums in the city-state, the Asian Civilisations Museum

Proportionate liability

This column discusses proportionate liability and the written law that governs the concept in common law jurisdictions and the Chinese mainland

Navigating public opinion management

By Lyu Haishan and Xian Mingying, ETR Law Firm

How creditors can protect themselves in cross-border guarantees

By Huang Xingchao, AnJie Broad

Neibaowaidai, onshore guarantees for offshore loans, raise key cross-border arbitration issues, with GCs shifting toward value creation

Taiwan laws protecting consumers, covering product safety

By Tsung-Yuan Shen and Connie Guo, Lee and Li

Revised Cybersecurity Law: New penalties, extends enforcement

China’s Cybersecurity Law was revised on 28 October, its first update since taking effect in 2017

When civil meets criminal: Resolving finance conflicts

By Liu Jun, Kangda Law Firm

The article explores how civil and criminal laws intersect in financial disputes, emphasizing asset recovery, liability, and litigation strategy

Determining company and mining rights transfers

By Luo Peijun, Anli Partners

Taiwan navigates path on autonomous vehicle law

By Eddie Hsiung, Tsung Yuan Shen and Connie Guo, Lee and Li

Reviewing related-party transaction damage liability disputes

By Huang Wenjun and Wang Yi, Ronly & Tenwen Partners

Dividing premarital shares’ marital gains in divorce

By Xu Xiaoyan and Liu Wei, Anli Partners

Share ownership

Shares as property: when ownership transfers under an equity deal is the focus of this column.

Franchising and distribution retail models

By Zhou Le and Tian Yu, Blossom & Credit Law Firm

Compliance factors for AI computing centres

By Li Tianhang and Shi Yuhang, Hui Ye Law Firm

IP protection in Taiwan: A comprehensive legal framework

By Tommy PP Chiu, Tsai, Lee & Chen

Dispute management in India

By Arindam Sarkar, Anwesha Sinha, and Rangita Chowdhury, Fox & Mandal

Legality of discharging guarantor liability in reorganisation plans

By Gong Yi and Guo Luwen, Ronly & Tenwen Partners

Evaluating force majeure sanctions under Chinese law

By Liu Jiong and Zhu Yiyang, Anli Partners

Addressing construction payment risks for contractors

By Song Zhongchun, City Development Law Firm

Higher aims

The advantages of arbitration—speed, cost, confidentiality, and finality—are well known, but top China institutions aim higher

Priority of claims in bankruptcy proceedings

By Kimberly Liu, Hui Ye Law Firm

Exploring IGA model of renewables investment in Kazakhstan

By Cheng Jun and Li Meng, Zhong Lun Law Firm

Chinese contract law and smart contracts

This column explores smart contracts, their use in China, Chinese legal views, and how they fit under Chinese contract law

How forced deregistration impacts civil proceedings

By Liu Mei, Anli Partners

Arbitrating disputes involving dissolution of a partnership

Dissolution of a partnership is one way a partner can withdraw from a partnership

Dilemma in applying DR clauses in multiple contracts

By Zhang Yaxing and San Bing, Han Kun Law Offices

Mortgaging a project under construction

By Sima Yayun, Zheng Xin and Guan Xinran, DOCVIT Law Firm

Liability for damages in pet air transportation

As demand for pet air transportation rises with societal and economic development, related disputes are increasing

Understanding the valuation adjustment mechanism

By Liang Qiang and Gong Youchao, Zhong Ce Law Firm

Who’s hu

Unlike other countries, sole traders in China have traditionally been defined in law in terms of “households” or hu [户]

Calculating breach of contract damages in arbitration

In this article, we summarise the analytical process for disputes with respect to liability for breach of contract and damages on lost profits?

Classified share system post Company Law implementation

By Qiao Zhaoshu, Huang Zhaoyan and Miao Miao, DOCVIT Law Firm

Landmark Changes

Sweeping reforms are heralding a new era for foreign investment into Vietnam’s property sector, but much remains unexplained

Making marks

Reforms and upgrades to trademark and IP regulation around the world have continued apace

How trademark law impacts Russian trade

By Vladimir Biriulin, Gorodissky & Partners

Russian law covers all aspects of trademarks to make business convenient and enforce the business’ rights if needed

Company Law amendments: highlights and shortcomings

By Wu Dong and Wang Zhengqian, Hui Ye Law Firm

Retroactive voiding of VAM clauses in IPO process

By Li Ling and Wu Jinfeng, Grandway Law Offices

Arbitration of disputes over non-monetary debt contracts

Disputes arising from non-monetary debt contracts present unique challenges that require careful consideration from arbitrators

Excluding frozen dividends and bonuses from debt enforcement

By Chen Zhuo and Yin Yutong, Tian Yuan Law Firm

Equity transfers under revised company law

By Jenny Gu, Brightstone Lawyers

Application of deposit penalty rule

Practice and advice show courts are respecting the choices of contract parties when it comes to deposits – as long as there is a clear agreement on what the deposit is for

Rulings on claim for partial rescission of a contract

As a special form of commercial contract termination, partial rescission is a legal tool to protect the legitimate rights and interests of parties

Reorganisation: Solving conflict between equity transfer and pledge

By LIANYUE LAW FIRM

Resolving conflict between equity transfer and pledge in reorganisation proceedings in China

Commercialisation of personality rights and how to protect them

By Huang Xiaoyuan and Zhou Keyu, Liang Gao Law Firm

Case studies: legal liability, remedies for online violence

By Zhu Tao and Zheng Ziliang, ETR Law Firm

Why MCN agencies lose influencer contract

By Fang Zhifu, W&H Law Firm

A regional comparison of real estate markets: Japan

By Hiroshi Niinomi, Koki Hara, and Naoto Yamamoto, Nishimura & Asahi

Jurisdictional issues in factoring contract disputes

By Hua Ping, Anli Partners

Positives of target company equity buybacks

By Guo Baosheng, Liang Gao Law Firm

Data compliance in domestic listings

By Wang Yan and Fu Mengyang, Grandway Law Offices?

Establishing business in Kazakhstan through LLP (Part 1)

By Wang Jihong and Liu Ying, Zhong Lun Law Firm

A greater good

Law firms across Asia are putting profits aside to focus on pro bono work, community engagement, sustainability and staff welfare

Arbitrating cross-border e-commerce disputes

Cross-border e-commerce and the platform economy are rapidly developing as new forms of international trade

Distinguishing joint assumption of debt and guaranty in arbitration

To achieve the maximum protection for creditors’ interests in commercial transactions, it is common for a third party to assume liability for the debt

A new pathway to data protection

By Kevin Duan and Jiang Hainan, Han Kun Law Offices

Selling NPAs: practices and systems for the financial sector

By Yao Xiaomin and Xue Yuan, Lantai Partners

Wills

This column explores the topic of wills from a historical and comparative perspective

Financial leasing through gratuitous transfers of assets

By Xu Rundong, AnJie & Broad Law Firm

Legal risks and strategies for ending a tenancy early

By Zhu Tao and Zhang Zhuo, ETR Law Firm

Rules of judgment determining cross-border guarantee disputes

This case illustrates legal issues of cross-border guarantee, explaining how the SHIAC applied extraterritorial law, namely Hong Kong law, and interpreted multiple contracts

Amendments reinforce protection of women’s rights

The newly amended Law on the Protection of the Rights and Interests of Women, adopted by the Standing Committee of the 13th National People’s Congress on 30 October 2022, came into effect on 1 January 2023

Comparing head office and branches on arbitration agreement validity

This article analyses whether such an arbitration strategy is valid in terms of contract relativity

How enterprises should conduct HR compliance self-inspection

By Tracy Liu and Larry Lian, Jingtian & Gongcheng

Crisis innovation

Small wonder that the past couple of years have spawned an exciting amount of tech-related reform in China’s courts and arbitration institutions

Risks, dispute points with pledging special movable property

By Yao Xiaomin and Sun Yangyang, Lantai Partners

Effective resolution of online gaming-related disputes

Online gaming features highly complex trading conundrums involving the legal protection of rare virtual assets

When marriages fail, validity of family trusts can be tested

By Ouyang Fangfei and Zheng Chunjie, Merits & Tree Law Offices

An update of NFT law developments

The past year saw crypto art break through to the mainstream, and many lawsuits involving non-fungible tokens making headlines. How are the region’s regulators responding?

An update of NFT law developments: Taiwan

By Abe Sung and Eddie Hsiung, Lee and Li

Joint tortfeasance: Penetrating layers of nested legal relationships

By Chen Zhuo and Yin Yutong, Tian Yuan Law Firm

Are you available?

Under China’s new data regulatory framework, how should companies use publicly available personal information in a compliant manner?

Tips for safely navigating international air services disputes

The special clause for institutional arbitration between the parties should prevail over the general clause in the Master Agreement

Unpacking the pitfalls of bulk commodity pledges

By Yao Xiaomin and Wang Yumo, Lantai Partners

Protecting the rights of ‘new form’ labourers in Guangdong

By Shaw Zhao and Mia Wang, Jingtian & Gongcheng

New directions in handling of securities misrepresentations

By He Chunyan and Deng Xiaoming, Han Kun Law Office

Rescinding termination agreement due to material misunderstanding

By Xie Yang and Han Ying, Zhilin Law Firm

Validity of arbitration agreements under designated agents

The validity of arbitration agreements involving persons without, or with limited, civil capacity, are becoming an increasing focus of arbitration institutions and tribunals

Liability for securities intermediaries under new interpretations

By Eric Liu and Deng Xiaoming, Han Kun Law Offices

Compliance for facial recognition in financial e-contract signing

By Yao Xiaomin and Zhang Xiaoke, Lantai Partners

Invalidity of contracts for violating ‘public order and good morals’

By Chen Zhuo and Yin Yutong, Tian Yuan Law Firm

Determination of violation of “public order and good morals” leading to contract invalidity is a frequent point of contention

In-house Counsel Awards revealed

After months of intensive surveys, we reveal the winners of our In-house Counsel Awards 2021-22

Application of service trusts in distressed real estate

By Deng Weifang and Yu Jiahao, Merits & Tree Law Offices

Transfer by agreement in share repurchase of state-owned assets

By Chen Zhuo and Zheng Yeye, Tian Yuan Law Firm

Employer compliance governance in workplace sexual harassment

By Tracy Liu and Larry Lian, Jingtian & Gongcheng

Common IP issues in healthcare civil disputes

By Chen Guo and Wu Xiaoxue, Jingtian & Gongcheng

Investor suitability in proxy sales of wealth management products

By Ren Guobing and Wu Nan, Jingtian & Gongcheng

Changing M&A regulations in supply chain finance

By Mark Wang, East & Concord Partners

Compliance of listed companies with new regulations on external security

By Yao Xiaomin and Wang Yumo, Lantai Partners

Highlights of 2022 amendments to Civil Procedure Law

By Zhang Guanglei and Zhang Jinhui, Jingtian & Gongcheng

Personal information protection in internal corporate probes

By Leo Yu and Diana Duan, Jingtian & Gongcheng

Can covid-19 exempt developers from liability for late deliveries?

By Lei Zhirong and Carol Chan, ETR Law Firm

Corporate criminal compliance in new data security environment

By Ekin Zeng and Chen Yitao, AllBright Law Offices

Financial security in commercial bank auto supply chains?

By Yao Xiaomin and Wang Yao, Lantai Partners

Concerns on purchases of foreclosed properties

By Xu Bangwei and Yang Hui, Jingtian & Gongcheng

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