Frequently Asked Questions

28 2026-9

During the probationary period, if an employee is dismissed for failing to meet the employment requirements, are they entitled to compensation?

During the probationary period, if it is proven that the employee does not meet the employment requirements, the employer may terminate the contract without compensation; if the employer fails to provide evidence or exceeds the time limit, the termination will be considered illegal, and the employee may claim compensation (2N) or demand continued performance of the contract.

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28 2026-9

How is the guarantor's liability determined?

According to Article 686 of the Civil Code, general guarantees are distinguished from joint and several liability guarantees. If the agreement is unclear, it is presumed to be a general guarantee; and the creditor must assert his rights within the guarantee period in accordance with the law.

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28 2026-9

How much do lawyers charge for private lending cases in Beijing?

In Beijing, the fees charged by lawyers for civil lending are based on the amount of the claim, charged on an hourly basis, or on a contingency fee basis, with the maximum contingency fee not exceeding 30% of the claim amount. It is recommended to first evaluate the case and then discuss the fee arrangement in person.

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28 2026-9

How long does it take to enforce a lawsuit after a borrower fails to repay the loan?

After suing for non-repayment of a loan, the first-instance ordinary procedure lasts six months and the summary procedure lasts three months; once the judgment comes into effect and the performance period expires, the creditor can apply for enforcement, and the enforcement period lasts two years; if there are no assets, the creditor can pursue the unpaid shareholders after the termination of the b...

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28 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...

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28 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.

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28 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...

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28 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...

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