Legal Information

23 2026-10

How can companies strive to avoid being prosecuted for corporate compliance violations?

The lawyer explained the key points for the involved enterprises to strive for non-prosecution in compliance with the law: admitting guilt and accepting punishment, making restitution and mitigating losses, and conducting genuine rectification. If the enterprise passes the third-party review, it may be granted non-prosecution or lenient punishment.

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23 2026-10

Can a contract signed under duress be revoked?

The lawyer explained that a contract signed under duress can be requested to be revoked within one year after the termination of the duress. After the revocation, the contract will be invalid from the beginning and the party can request the return of the property. It is necessary to pay attention to the preclusive period.

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23 2026-10

What is the statute of limitations for contract disputes?

The lawyer explained that the statute of limitations for contract disputes is generally three years, starting from the date when the party knows that its rights have been infringed and the obligee's identity is clear. A reminder can interrupt the statute of limitations. After the statute of limitations expires, the party can still file a lawsuit, but the other party can raise a defense against it.

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23 2026-10

What should I do if the other party breaches the contract and fails to fulfill their obligations?

The lawyer explained the remedies for the other party's breach of contract and failure to perform the contract: continued performance, rescission of the contract, and compensation for breach of contract and losses. He also cited an actual case in which the arbitration award ordered the payment of 583,000 yuan in contractual damages and all legal fees.

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23 2026-10

How to handle the transfer of company equity in a divorce case involving the other party?

The lawyer explained the handling of the other party transferring equity during the divorce: Article 1092 of the Civil Code allows claimants to request a reduced or no division of assets, and to request a re-division of assets. The lawyer also advised claimants to take steps such as preserving evidence and confirming the invalidity of the transfer.

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23 2026-10

At the same time, how should the right of set-off be exercised?

The lawyer explained the four applicable conditions and exercise methods of the right of simultaneous performance of the defense: the parties to the same bilateral contract have mutual debts, and all of them have reached the due date; the other party has not performed its obligations; and the scope of refusal to pay should correspond to the unperformed part.

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23 2026-10

What is the case-handling model of a civil and commercial law firm's team?

The lawyer analyzed the case-handling model of the civil and commercial team: the lead lawyer takes the lead, the work is divided into different stages, and the whole team discusses and reviews the cases together. There is a fixed communication mechanism, and the fees and responsibilities are subject to the written contract of entrustment.

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23 2026-10

What should I do if the company's trademark has been preemptively registered by a shareholder?

The lawyer explained the three-step response to the situation where a company's trademark is preemptively registered by a shareholder: securing evidence of prior use, applying for a declaration of invalidation within five years, and claiming damages against the shareholder for abuse of rights.

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23 2026-10

How can legal consultants for small and medium-sized enterprises prevent labor disputes?

The lawyer explains the key points for enterprises to prevent labor disputes: signing a written labor contract within one month, publicizing the rules and regulations through democratic procedures, and obtaining legal review before terminating the contract. The statute of limitations for arbitration is one year.

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23 2026-10

Will a family law consultant help draft a prenuptial agreement and a will?

The lawyer explained that family legal consultants can assist in drafting prenuptial agreements and wills: Article 1065 of the Civil Code stipulates that written agreements are valid, and the Inheritance Chapter specifies six forms of wills and their essential elements.

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23 2026-10

What are the main services provided by family law consultants?

The lawyer explains the scope of family legal advisory services: prenuptial agreements, marital property agreements, wills and inheritance planning, and the separation of family and business assets. Article 1065 of the Civil Code stipulates that written agreements are valid.

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23 2026-10

Are SMEs suitable to hire criminal law consultants?

The lawyer explains the necessity for small and medium-sized enterprises to hire criminal legal consultants: Criminal law implements a double punishment system for corporate crimes. Consultants can conduct compliance checks in advance and respond to investigations during the process, thereby reducing criminal risks.

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23 2026-10

Who should I sue in the event of a dispute over insurance claims?

The lawyer explains how to determine the defendant in a claims settlement dispute: For insurance contracts, the insurer should be sued; for traffic accidents, the insurer and the infringer can be sued concurrently. According to the Insurance Law, the insurer must approve the claims within 30 days.

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23 2026-10

Can I sue the insurance company if they underpay the compensation?

The lawyer explained that if the insurance company underpays, the insured can sue to recover the difference. The exemption clause will not take effect if it is not clearly explained to the insured. The insured needs to provide evidence of the actual losses through receipts and appraisals. Please note that the statute of limitations is two years.

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23 2026-10

How can I urge the insurance company to process the claim, which has been delayed for a long time?

The lawyer explained the three-step process of urging insurance claims: written urging, regulatory complaint to 12378, and litigation for accountability. The Insurance Law requires that the insurer shall make a determination within 30 days and pay the compensation within 10 days after reaching an agreement.

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