Frequently Asked Questions

24 2026-10

After the debtor deposits the subject matter with a third party, does that mean he has fulfilled his obligation?

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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24 2026-10

If the creditor refuses to accept the goods, what should the debtor do?

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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24 2026-10

If the other party only pays half the money, can I only deliver half the goods?

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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24 2026-10

Is a contract signed without the right to dispose of others' property valid?

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 If ownership cannot be acquired, the contract can be rescinded and claims can be made.

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24 2026-10

If some clauses of the contract are invalid, does that mean the entire contract is invalid?

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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24 2026-10

Does a large-sum contract signed by a person with limited capacity for civil conduct count as valid?

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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24 2026-10

What's the difference between an exclusive license and an exclusive permission?

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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24 2026-10

Do I need to register a trademark use license contract for filing?

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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24 2026-10

Do e-commerce platforms need to take responsibility if they know about infringements but fail to deal with them?

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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24 2026-10

Can punitive damages be claimed in the case of trademark infringement?

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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24 2026-10

Will foreign-related OEM processing constitute trademark infringement?

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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24 2026-10

How exactly is the degree of nursing dependency assessed?

The degree of care dependency is graded into three levels based on the severity of physical injury and disability: complete, major, and partial, with coefficients of 100%, 80%, and 50%, respectively. The assessment is conducted by qualified institutions, and the maximum duration of care is 20 years.

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24 2026-10

How many years in prison are typically imposed for medical malpractice crimes?

According to Article 335 of the Criminal Law, the crime of medical malpractice shall be punished by fixed-term imprisonment of not more than three years or criminal detention. The crime requires that medical personnel be grossly negligent and cause the death of the patient or serious damage to their physical health during the treatment process.

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24 2026-10

Are general medical errors considered medical accidents?

Generally, medical errors do not equal medical accidents. The latter must violate laws and regulations and cause obvious physical harm to patients. Minor errors that do not cause harm are usually not considered accidents.

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24 2026-10

Does it require a medical accident to get higher compensation?

Even if it does not constitute a medical accident, one can still claim compensation for medical damage liability according to the Civil Code. The amount of compensation depends on the degree of fault and the consequences of the damage, rather than whether it constitutes an accident.

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