The division of overseas assets follows the principle of joint ownership, but there are difficulties in jurisdiction, investigation, and enforcement. Chinese courts can handle these matters together, the key lies in notarization, authentication, and judicial confirmation. Foreign nationals must file a lawsuit or engage in mediation to divorce.
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The cooling-off period for divorce only applies to divorce by agreement, and divorce by litigation is not subject to any restrictions. According to Article 1077 of the Civil Code, the cooling-off period lasts 30 days. The couple must register their marriage within 30 days after the cooling-off period expires, and any delay beyond this time will be considered a withdrawal of the application.
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A personal safety protection order should be applied to the grassroots court in accordance with the Anti-Domestic Violence Law, and evidence of domestic violence should be submitted. The court will make a ruling within 72 hours, and an emergency ruling within 24 hours. The order may prohibit violence and harassment, and order the offender to move out.
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High net worth families can use family trusts to achieve targeted inheritance and risk isolation; according to Articles 15 and 16 of the Trust Law, trust property is independent, and the threshold for supervision is set at 10 million yuan. The key lies in the structure and governance of the trust.
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The state compensation shall be firstly submitted to the obligated organ for compensation. Administrative compensation may be raised simultaneously in the administrative reconsideration and litigation. Criminal compensation must first be handled by the obligated organ. The statute of limitations is two years, calculated from the date when the illegal act is confirmed.
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Government information disclosure lawyers help clients apply for the disclosure of information and file lawsuits to protect their rights when their applications are rejected. According to Article 33 of the Regulations on Government Information Disclosure, authorities should respond within 20 working days, and Article 51 provides relief channels.
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An independent guarantee can be stopped by the court, but it requires proof that the beneficiary committed fraud or that the payment request is clearly unfounded. According to Article 12 of the Supreme Court's Regulations on Independent Guarantees, stopping payment is an exceptional remedy and usually requires a guarantee.
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In the future, accounts receivable can be factored, provided that they meet the requirements of specificity and reasonable predictability. According to Article 761 of the Civil Code, accounts receivable that are yet to be obtained can be transferred, the key point being that the underlying transactions must be genuine and the amounts involved must be identifiable.
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The factor collects the payment from the debtor. The debtor may refuse to pay on the grounds of defenses based on the underlying contract (such as non-delivery, quality defects), but only on the basis of the underlying relationship. The debtor may not use the unknown transfer to oppose the bona fide factor.
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Whether the penalty for breach of contract and the obligation to perform the contract can be used concurrently depends on the nature of the debt: for monetary debts, the payment of arrears can be used concurrently with the penalty for breach of contract; for non-monetary debts, if the performance is impossible, the compensation shall be resorted to, and the two cannot be simply superimposed.
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Force majeure may partially or entirely exempt a party from liability, but the legal consequences depend on the type of contract and the stage of performance: liability cannot be exempted after a delay, and the party who fails to fulfill its obligations should take remedial measures and notify the other party to provide evidence.
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After the situation changes, it's not just about terminating the contract. Firstly, the parties can renegotiate to amend the contract. If the renegotiation fails, they can request the court or arbitration institution to amend or terminate the contract. According to Article 533 of the Civil Code, the changes must be significant and not due to commercial risks.
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If there is no agreement on the place of performance, it shall be determined in accordance with Article 511 of the Civil Code: other subjects shall be performed at the place where the party performing the obligation is located, and the goods sold shall be delivered at the seller's residence. The parties may supplement the agreement or follow the trade practices. It is recommended to specify the de...
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If the performance period is not clearly defined, it shall be determined in accordance with the statutory supplementary rules: first, the parties shall supplement the agreement, then in accordance with the contract terms or transaction practices. If this is still not possible, the debtor may perform at any time, and the creditor may request performance at any time, but the debtor needs to be given...
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Both parties shall bear the losses caused by breach of contract in accordance with their respective faults and causalities; according to Article 592 of the Civil Code, each party shall be responsible for their own actions. If the other party is at fault, the compensation may be reduced. The key point is to provide evidence of the proportion of fault and the reduction of damages.
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