Legal Information

Firm news, insights on new laws, and frequently asked questions.

24 2026-10

If the financing lease object is sold, is the contract still valid?

During the financing lease period, the ownership of the leased item belongs to the lessor. If the lessee sells it without authorization, it constitutes an unauthorized disposition. The validity of the sales contract is related to the lessor's subsequent approval. Bona fide acquisition may transfer ownership, but the lessee must bear responsibility. This is determined by Articles 735 and 745 of the...

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24 2026-10

Can a resolution of the shareholders' meeting be revoked if the procedure for making the resolution is illegal?

The resolution procedure of the shareholders' meeting is illegal, which constitutes a situation where the resolution can be revoked. Shareholders may, within 60 days after the resolution is made, request its revocation in accordance with Article 26 of the Company Law. If the resolution violates substantive law or constitutes an abuse of rights, it may also be invalid or revoked. If the request is ...

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24 2026-10

Which version of the "yin-yang contract" is the valid one?

In the case of "yin-yang contracts", the outer contract with a false expression of intention is invalid according to Article 146 of the Civil Code. The inner contract that reflects the true intention is generally valid, but those that evade mandatory regulations or tax evasion may still be invalid. The validity of the contract shall be determined based on whether it is true and legal.

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24 2026-10

Is the contract signed after the company's license was revoked still valid?

After the company's license is revoked, its legal person status remains in existence, and the contracts signed during the liquidation period are not necessarily invalid. Contracts that are signed in good faith and do not violate mandatory regulations are usually valid. However, contracts that are signed with the intention of evading debts or violating public morals may be invalid, as determined by...

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24 2026-10

In the event of a conflict between the main body of the contract and its annexes, which one shall prevail?

When there is a conflict between the main body of the contract and its annexes, the priority shall generally be given to the special provisions, the documents established later, and the interpretation of the contract's purpose; if the standard terms are unfavorable to the provider, the situation during the performance of the contract shall be taken into account when making a judgment.

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24 2026-10

Who will be held responsible for the contracts signed by the subcontracting business?

When a company is "ghost-registered" (or "ghost-affiliated"), contracts are signed in the name of the affiliated party. In such cases, the party with whom the contract is signed usually holds the affiliated party responsible, and the affiliated party is liable to make payments. After making payments, the affiliated party can seek reimbursement according to the affiliation agreement. If the assets ...

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24 2026-10

On what grounds can a trademark be declared invalid?

The declaration of a trademark as invalid is divided into absolute grounds (violation of prohibitory clauses, lack of distinctiveness) and relative grounds (infringement of prior rights, malicious squatting). Relative grounds must be raised within five years, except for well-known trademarks.

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24 2026-10

Who has the right to declare a registered trademark invalid?

Declaration of the invalidity of a registered trademark: Absolute grounds may be invoked by any unit or individual, and relative grounds may be invoked by prior right holders or interested parties within five years. There are no restrictions on maliciously registering well-known trademarks.

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24 2026-10

After a trademark is disputed, how should one prepare the defense materials?

If a trademark is subject to an objection, the respondent shall submit materials within the prescribed response period, organizing evidence around prior rights, distinctiveness, and intent of use; respond in accordance with Article 35 of the Trademark Law, and any response submitted after the deadline will be deemed as a waiver of the right to respond.

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24 2026-10

Can I get full reimbursement for the medical expenses?

The medical expenses are not always fully reimbursed. They are determined based on the actual reasonable expenses and the proportion of fault. According to Article 1179 of the Civil Code, when claiming compensation from the responsible party, the claimant shall first settle the matter with the insurance company or the work injury compensation authority.

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