Legal Information

27 2026-10

After winning the case, do the attorney's fees have to be borne by the losing party?

Generally, attorneys' fees are borne by the parties themselves. Only in cases where the contract explicitly stipulates or under special legal circumstances (such as intellectual property, personal rights, environmental public interest litigation, etc.) can the losing party be requested to bear the costs. The litigation fees are borne by the losing party.

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27 2026-10

How much foreign exchange can an individual exchange each year?

Individuals can purchase and convert foreign exchange within the facilitation quota of 50,000 U.S. dollars per year with their ID cards; for amounts exceeding the quota, they must provide proof of authenticity and are not allowed to lend the quota or make false declarations.

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27 2026-10

Can an assignment and guarantee be used to oppose other creditors?

After the completion of the public announcement of the change of rights in the assignment of guarantee, the guarantor may be compensated preferentially for the subject matter, with priority over ordinary creditors; if the announcement is not made, the guarantee only has the effect of a creditor's right, which is difficult to resist against bona fide third parties.

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27 2026-10

When a mortgage and a pledge exist simultaneously, who takes priority?

When the same property is subject to both a mortgage and a pledge, the order of repayment shall be determined in accordance with the registration and delivery time in accordance with Articles 414 and 415 of the Civil Code, and the repayment shall be made in parallel according to the proportion of the creditor's claims.

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27 2026-10

Can a commission contract be terminated unilaterally at any time?

Both parties to the entrustment contract enjoy the right to terminate the contract at any time, but they shall compensate for the losses caused to the other party by the termination; in the case of a gratuitous entrustment, the party shall only bear responsibility in the event of intentional or gross negligence.

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27 2026-10

Can a non-fixed-term contract be terminated at any time upon notice?

The parties to a non-fixed-term contract may terminate it at any time, but they shall notify the other party within a reasonable period of time. For non-fixed-term leases, the parties must give reasonable advance notice before terminating the contract, and they shall not bear any breach of contract liability in this case.

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27 2026-10

Can the breach of contract of one batch of goods lead to the termination of the entire contract in the case of partial delivery?

In the case of partial deliveries, if one batch is in breach of contract, the entire contract can only be terminated if that batch and all future batches fail to achieve the contractual purpose. According to Article 633 of the Civil Code, the matter shall be handled differently depending on the circumstances.

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27 2026-10

How long does it take for the other party to rescind the contract if one party delays in performing its obligations and is given a notice of default?

If a party delays in performing its main obligations and fails to perform them within a reasonable period after being reminded, the other party may terminate the contract; there is no standard timeframe for a reasonable period, and the right to terminate the contract must be exercised within one year after knowing the relevant facts. It is recommended to send a written reminder to keep a record of...

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27 2026-10

How much does the breaching party have to pay if they sue to terminate the contract?

If the breaching party sues to terminate the contract, the compensation shall be limited to the actual losses of the performing party, including direct losses and expected benefits. According to Articles 566 and 584 of the Civil Code, the breaching party shall still bear the liability for breach of contract.

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27 2026-10

Can the party in breach of contract actively sue to request the termination of the contract?

In principle, the party in breach of contract does not have the right to rescind the contract. However, according to Article 580, Paragraph 2 of the Civil Code, if the performance of a non-monetary obligation cannot achieve the purpose of the contract, the party may request the court or arbitration institution to terminate the contract and bear the corresponding responsibilities.

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27 2026-10

If one party breaches the contract, can the other party also obtain benefits that can be offset against the losses incurred?

If one party breaches the contract and the other party profits from it, whether the profit can be offset against the compensation depends on whether it is caused by the breach of contract, foreseeable, and not repeated; and the compensation shall be limited to the losses according to Articles 584 and 591 of the Civil Code.

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27 2026-10

How is the loss of the price difference calculated when the market price drops?

The loss of the price difference due to the fall in the market price shall be calculated based on the foreseeable benefits that the breaching party could have obtained at the time of contract signing and the actual disposal difference. According to Article 584 of the Civil Code, the loss caused by the breach of contract shall be limited, and the party in compliance with the contract shall mitigate...

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27 2026-10

Can I sue the unit if it doesn't give an award to the inventor?

If the unit fails to award the inventor with a reward, the inventor can seek legal protection in accordance with the law. According to Article 15 of the Patent Law, the unit has the obligation to provide the inventor with a reward and compensation for their work-related inventions. The inventor can file a complaint, seek mediation, or initiate arbitration or litigation, the key point being to prov...

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27 2026-10

How should the compensation standard for invention awards in the workplace be determined?

The remuneration for invention awards in the workplace is subject to an agreement, and if there is no agreement, it shall be in accordance with the statutory minimum standards set forth in the Implementing Regulations of the Patent Law: the bonus for invention patents shall not be less than 3,000 yuan per item.

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27 2026-10

How long will it take for a patent to lapse if I forget to pay the annual fee?

There is a six-month grace period for late payment of annual patent fees, during which the fees can be paid retroactively. If the fees are not paid after the grace period expires, the patent rights will be terminated. If the patent rights are terminated due to exceeding the deadline, it is possible to request to restore the rights on the basis of legitimate reasons.

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