Legal Information

24 2026-9

How to choose between a part-time legal consultant and a full-time in-house lawyer in a company?

When selecting a legal service provider, consider the volume of legal work and the depth of professional expertise. For basic legal work, it is advisable to hire external consultants, as their annual fees are generally lower than the comprehensive employment costs of in-house lawyers. For medium-sized and large enterprises, it is better for in-house lawyers to handle daily legal affairs, while con...

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24 2026-9

What are the confidentiality obligations of legal advisory services?

According to Article 38 of the Law on Lawyers, consultants are required to keep state secrets, trade secrets, privacy, and information that clients do not wish to disclose confidential; the obligation does not cease with the termination of the engagement, and clients can seek compensation and hold consultants accountable for leaking confidential information.

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24 2026-9

Do the services of an enterprise legal advisor include representation in court?

Whether the consultant includes appearing in court shall be subject to the provisions of the contract: according to Article 29 of the Lawyers Law, the consultant shall provide services as agreed; the annual fee of a regular legal consultant usually covers non-litigation matters, and appearing in court generally requires a separate power of attorney and separate charging.

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24 2026-9

Who is responsible for the pedestrian being injured when a billboard fell on him/her?

According to Article 1253 of the Civil Code, if a billboard falls and injures someone, the owner, manager, or user must prove that they are not at fault, otherwise they will be held liable; the compensation includes medical expenses, loss of earnings, etc., and the statute of limitations is three years.

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24 2026-9

Is it considered a work-related injury if an intern gets injured at the workplace?

Generally, internships at school do not constitute labor relations and are not subject to work-related injuries. Claims against the unit and the school should be made based on personal injury compensation; injuries during the probationary period after graduation are considered work-related injuries, with a one-year time limit for identification, and any exemption clauses are invalid.

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24 2026-9

Who will compensate for the injuries sustained by people who bravely act to uphold justice?

When a person who acts bravely and courageously is injured, they should first seek compensation from the infringer. If the infringer flees or is unable to pay compensation, the beneficiaries should provide appropriate compensation; injuries sustained during emergency rescue and disaster relief are considered work-related injuries, and those who are recognized as having acted bravely and courageous...

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24 2026-9

Is it considered a traffic accident if someone is hit by a car in a residential area?

For traffic accidents that occur within residential communities, the following procedures shall be followed: - For open residential communities, the case shall be handled in accordance with the provisions of the Traffic Accident Handling Regulations. - For gated residential communities, the case shall be handled in accordance with Article 77 of the Road Traffic Safety Law. - Compulsory motor...

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24 2026-9

Who should bear the cost of medical accident appraisal?

There are rules for sharing the appraisal fees: if it is a medical accident, the hospital will pay it; if it is not a medical accident, the applicant will pay it. In litigation, the applicant pays the appraisal fees in advance and shares them according to the proportion of responsibility. If the applicant disagrees with the conclusion, he/she can apply for a re-appraisal within 15 days.

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24 2026-9

If someone else gets into an accident while borrowing my car, am I responsible as the car owner?

In principle, the person who uses the car should compensate for any accidents caused by borrowing the car. If the car owner knew that the borrower did not have a driving license, was driving under the influence of alcohol, or that the car had defects, the car owner should also bear corresponding responsibilities. First, purchase compulsory insurance and then commercial insurance, and the statute o...

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24 2026-9

After settling a traffic accident privately, can you still change your mind and report it to the police?

If there are major misunderstandings or obvious unfairness in the private settlement agreement, it can be revoked in accordance with Articles 147 and 151 of the Civil Code. The right to revoke a major misunderstanding is valid for 90 days; if the police are called in after the fact, the traffic police will still accept the case, and any uncovered losses can be claimed separately.

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24 2026-9

If the contract for buying a house is terminated, apart from getting the deposit back, what other compensation can I claim?

In addition to the seller's obligation to return the deposit in double (Article 587 of the Civil Code), if the deposit is insufficient, the buyer can also claim compensation for the loss of the price difference; the price difference shall be calculated based on the difference between the market price and the contract price at the time of the breach of contract, subject to the limit of foreseeabili...

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24 2026-9

What should I do if the loan application is rejected and I can't get the purchase contract approved?

If the loan cannot be approved, the responsibility for the failure shall be determined as follows: If it is attributable to one party, the contract may be terminated and compensation may be claimed; if it is not attributable to either party, the contract may be terminated and the down payment or deposit (Article 19 of the Judicial Interpretation of the Sale and Purchase of Commercial Housing) shal...

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24 2026-9

What is the standard compensation for breach of contract in second-hand housing transactions?

For second-hand housing breach of contract, the compensation shall be limited to the actual losses according to Article 584 of the Civil Code, and the difference in price can be claimed; if the seller breaches the contract after receiving the deposit, he/she shall return double the amount of the deposit, and the penalty for breach of contract can be reduced if it is too high. In the case of delaye...

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24 2026-9

Can a person sell a house that they own jointly with others?

Shared housing must be sold with the consent of all co-owners: for joint ownership, more than two-thirds of the shares must agree; for joint ownership, all owners must agree (Article 301 of the Civil Code); unauthorized sales cannot be registered, unless the buyer has acquired the property in good faith.

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24 2026-9

How to collect the proof of investment in buying a house under someone else's name?

To legally purchase a property under someone else's name, the following five pieces of evidence are indispensable: transfer receipts, loan repayment records, ownership certificates and bill holdings, property payment records, and a written agreement on purchasing the property under someone else's name. According to Article 234 of the Civil Code, one can file a lawsuit to confirm the ownership and ...

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