Legal Information

29 2026-9

How should the debt be handled if the other company runs out of money?

The company has no property that can be executed, and it has been verified that the shareholders have not paid in their capital in full. According to Article 6 of the "Nine Civil Cases" and the Interpretation III of the Company Law, it is claimed that the capital payment should be accelerated to maturity, and the shareholders should be required to make additional compensation within the scope of t...

Learn more >

29 2026-9

Is the debt guaranteed by one spouse considered a joint debt?

In principle, a spouse's guarantee to a third party does not constitute a joint debt and shall be borne by the signing party individually; unless the other spouse ratifies it or the guarantee is used for the couple's common life, it shall be determined in accordance with Article 1064 of the Civil Code.

Learn more >

29 2026-9

Can the creditor revoke the debtor's malicious transfer of property?

If the debtor transfers property without compensation or at a low price, the creditor may request the rescission of the transfer according to Articles 538 and 539 of the Civil Code; the right of rescission expires one year after the debtor becomes aware of the grounds for rescission and five years after the act takes place. It is recommended to apply for preservation of the property at the same ti...

Learn more >

29 2026-9

How is the land use right compensated during the demolition of a factory?

The compensation for the expropriation of collective land factories belongs to the collective economic organizations, and enterprises can claim compensation for the losses of buildings and production and business suspension; for state-owned land, the compensation shall be in accordance with Article 17 of the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land", which i...

Learn more >

29 2026-9

How is the legality of the shantytown renovation project reviewed?

The legality of the shantytown renovation project depends on four key elements: the project approval, the expropriation decision, the compensation plan, and the funding. If either the public announcement or the funding is lacking, lawsuits can be filed within six months to rectify the situation.

Learn more >

29 2026-9

What should I do if the procedure for identifying illegal construction is illegal?

If the house is identified as an illegal construction, the party concerned may obtain a fixed service certificate and, in accordance with Article 44 of the Administrative Enforcement Law, file for reconsideration within 60 days or initiate a lawsuit to revoke the decision within six months.

Learn more >

29 2026-9

What compensation items do corporate demolition lawyers mainly review?

The compensation for enterprise demolition includes land, houses, equipment relocation, production and business suspension, and transitional fees. The lawyer focuses on checking for omissions and calculating the compensation according to Articles 17 and 23 of the Regulations.

Learn more >

29 2026-9

How to protect one's rights when the compensation for demolition is much lower than the market price?

If the compensation amount is lower than the market price, you can review the appraisal and apply for an expert evaluation. If there is fraud in the agreement, it can be revoked within one year according to Article 148 of the Civil Code, and a lawsuit can be filed within six months after the decision is made.

Learn more >

29 2026-9

How to appeal if the procedure for identifying illegal construction is illegal?

The identification of illegal construction must comply with the procedures of filing a case for investigation and notifying a hearing; if the procedures are missing, the party concerned may request a reconsideration within 60 days or file a lawsuit to revoke the decision in accordance with Article 44 of the Administrative Enforcement Law within six months.

Learn more >

29 2026-9

How to protect the rights and interests of the expropriated persons during the transformation of shantytowns?

When protecting one's rights in the context of shantytown renovation, one should verify the legality of the evaluation and the renovation plan, apply for public disclosure of information, and file an appeal or lawsuit against illegal decisions; and strive for fair compensation in accordance with Article 48 of the Land Management Law.

Learn more >

29 2026-9

Can the transformation of shantytowns be refused?

The demolition and relocation of shantytowns must be carried out in accordance with the law. The people being relocated may refuse to sign the contract and file for reconsideration and litigation if the procedures are illegal or the compensation is unfair; however, they should cooperate with the legal demolition and relocation, and their refusal to move must be based on legal grounds.

Learn more >

29 2026-9

What are the main duties of a housing expropriation lawyer?

The housing expropriation lawyer conducts ownership verification, information disclosure, appeal litigation, compensation recovery, and negotiation representation; and strives for fair compensation in accordance with Article 48 of the Land Management Law.

Learn more >

29 2026-9

Is it a good idea to hire a lawyer for demolition compensation negotiations?

Hiring a lawyer to negotiate the demolition compensation can help verify the qualifications of the parties involved, identify potential fraud in the agreement, and strive for fair compensation; and assert rights in accordance with Article 47 of the Land Administration Law and other relevant provisions.

Learn more >

29 2026-9

How to apply for a stay of execution before forced demolition?

Before forced demolition, you can apply for a stay of execution: apply for a stay of execution in accordance with Article 56 of the Administrative Procedure Law, and file a lawsuit within six months and request a reconsideration within 60 days; if the demolition is carried out in violation of legal procedures, you can claim state compensation.

Learn more >

29 2026-9

After the house is forcibly demolished, can the owner receive compensation from the state?

After the house is forcibly demolished, it is necessary to first confirm that the forced demolition is illegal before applying for compensation; according to Articles 4 and 36 of the State Compensation Law, the compensation is limited to direct losses, including the value of the house and the items inside it.

Learn more >