The core difference between recourse and non-recourse factoring lies in whether the bad debt risk flows back to the assignee; in the former case, the factor can pursue recourse against the creditor, while in the latter case, the factor cannot do so. This is handled in accordance with Articles 766 and 767 of the Civil Code.
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In factoring, if the accounts receivable are not genuine and the debtors fabricated by the creditor can oppose the factor (unless the factor knows about it), the factor can pursue recourse or claim the accounts receivable according to the type of factoring.
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After the performance period expires, if the debtor uses other property to offset the debt, the agreement shall take effect and the corresponding original debt that has been performed shall be extinguished; if the agreement stipulates that if the debt is not repaid by the due date, the debtor shall own the property, such agreement shall be invalid before the due date.
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After the deposit, the risk of damage or loss of the subject matter shall be borne by the creditor, the fruits shall belong to the creditor, and the deposit fees shall also be borne by the creditor. The debtor shall be relieved of liability from the date of deposit.
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After the debtor deposits the items in accordance with the law, it shall be deemed that the debtor has fulfilled his obligations, and the debt shall be extinguished, with the risks and expenses transferred to the creditor. If the creditor fails to claim the deposited items within five years, the items shall belong to the state.
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If the creditor refuses to accept the goods without a valid reason, the debtor may deposit them in accordance with the law. After the deposit, the debt obligation is extinguished and the risk is transferred. If the creditor fails to claim the goods within five years, they will be owned by the state.
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The other party only paid half of the amount. If there is no special provision in the contract, you can assert the right of defense of simultaneous performance and refuse to deliver accordingly, but it is not advisable to completely stop the payment unilaterally, so as to avoid breaching the contract yourself.
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The lack of authority to dispose of the property does not affect the validity of the contract itself. The contract is generally valid. Whether the transferee can acquire ownership depends on whether the transferee acquires the property in good faith. If ownership cannot be acquired, the contract can be rescinded and claims can be made.
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Some clauses of the contract are invalid, but this does not necessarily lead to the invalidation of the entire contract. According to Article 156 of the Civil Code, if the invalidation of some clauses does not affect the validity of other clauses, the remaining clauses will still be valid, and only the invalid clauses will not bind the parties.
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The validity of large-value contracts signed by persons with limited capacity for civil conduct is pending, and they must be ratified by their legal representatives. Contracts that are purely beneficial or appropriate to their circumstances are valid, but if they are not ratified, they will be deemed invalid.
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An exclusive license can only be used by the licensee, and even the licensor cannot use it. An exclusive license reserves the right for the licensor to use it himself and excludes third parties. The subjects of rights protection and the scope of exclusivity are different for the two types of licenses.
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The trademark license contract is still valid even if it is not registered, but it cannot be used against bona fide third parties. It should be reported to the Trademark Office for registration and announcement within three months after signing. It is recommended to handle the registration immediately after signing the contract.
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If an e-commerce platform knows or receives valid notifications but fails to deal with infringements, it shall bear joint and several liability with the infringer for the expanded damages. The right holder must issue a standardized notification and keep records of it.
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The punitive damages for trademark infringement must involve malice and serious circumstances. According to Article 63 of the Trademark Law, the amount of punitive damages can be determined at a rate of not less than one time but not more than five times the actual damages. General negligence only results in compensation equal to the actual damages.
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For foreign-related OEM products that are all exported and not subject to domestic confusion, they generally do not constitute trademark infringement. However, if they are sold domestically or associated with well-known trademarks, they may still infringe on trademarks. It is recommended to verify the authorization and sales regions.
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