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合同纠纷案件中保全保险费承担主体的裁判要旨
2022 11/03Author:郭金辉、戴维斯随着2016年《最高人民法院关于人民法院办理财产保全案件若干问题的规定》正式确立财产保全责任险制度,司法实践中以财产保全责任险(以下统称“保全保险费”)的方式提供担保、申请财产保全的案件越来越多。但鉴于现行法律和司法解释并未就保全保险费的主体承担问题作出明确规定,在合同纠纷中对于原告主张诉讼保全保险费由被告承担的请求是否支持,司法裁判中存在截然不同的观点。本文拟通过对此类问题司法裁判数据的梳理和裁判 -
Legal Risk Prevention and Control for the Whole Process of Construction Projects -- From the Perspective of Dispute Resolution by the Employer
2022 10/26Author:Sun LiyuanConstruction projects are characterized by strong professionalism, long cycles, and complex processes. Based on the fact that construction projects are related to public safety and livelihood security, relevant laws and regulations impose mandatory regulations on the quality of construction projects and market order [1]. Due to the particularity of construction projects and the special requirements of supervision, the legal risks of construction projects have their unique characteristics. Based on previous experience in specialized legal services and case representation in construction projects, this article proposes suggestions for the prevention and control of legal risks in construction project disputes from the perspective of the employer. -
对民政部门作为遗产管理人的思考与建议
2022 10/21Author:于江 、任振江遗产管理人制度是《民法典》在继承领域的创新,新制度为依法、妥善处理被继承人的遗产提供了崭新的指引。既然是制度创新,在实践操作中则难免产生摸着石头过河的困惑。笔者结合近期代理的几起民政部门作为遗产管理人的案件,就其中的一些办案体会、思考与各位读者分享,以资交流探讨。遗产管理人产生的方式有多种,囿于篇幅所限,本文仅限于讨论民政部门作为遗产管理人的相关问题。一、民政部门成为遗产管理人的法律依据《民法典 -
Legal Strategies for Removing "Unconfirmed List" (UVL) Enterprises from US Export Controls
2022 10/20Author:Qian WenjieOn October 13, 2022, the Bureau of Industry and Security (BIS) of the United States Department of Commerce officially published 31 "Unconfirmed Lists" ("UVL Lists") in the Federal Register, emphasizing the possibility of converting UVLs into "Entity Lists". -
Discussion on the Joint Venture Case between Pudong Airport and China Eastern Airlines Logistics: The First Case of Anti monopoly Examination of Concentration of Operators with Restrictive Conditions for Domestic Enterprises
2022 10/11Author:Jiang Liyong, Zhang BoOn September 14, 2022, the Second Department of Anti monopoly Law Enforcement of the State Administration of Market Supervision and Administration announced the "Notice of the State Administration of Market Supervision and Administration on the Decision of the State Administration of Market Supervision and Administration on Approving the Anti monopoly Review of the New Joint Venture Case between Shanghai Airport (Group) Co., Ltd. and Eastern Airlines Logistics Co., Ltd. with Additional Restrictive Conditions". The case has attracted considerable attention from the public. Because it is not only the first time that China's antitrust law enforcement authorities have imposed restrictive conditions on the merger and acquisition of two Chinese enterprises, but also the first case of conditional concentration of operators in the civil aviation cargo industry and the airport industry, which deserves the attention of state-owned enterprises, as well as civil aviation cargo, logistics, and airport related enterprises. -
Bankruptcy Liquidation Series 5 | Do the execution funds that have been entered into the account of the enforcement court but have not yet been paid to the applicant for enforcement belong to the bankruptcy property of the person subjected to enforcement?
2022 10/08Author:Zhao Li, Jia WeiboWhen the people's court decides to accept a bankruptcy application, the execution money that has been deducted from the account of the execution court but has not yet been paid to the applicant for execution appears to have been out of the actual control of the person subjected to execution. Can it be considered that the execution money has been paid to the applicant for execution?Or does the execution amount still belong to the bankruptcy property of the person subjected to execution?This article will reveal the answer to this question through the analysis of relevant cases. -
信托进入不良资产处置的法律安排及在监管新规下的意义
2022 09/30Author:鲜瑜一、信托进入不良资产处置的路径讨论目前不良资产企业及信托公司积极的介入了房产企业的不良资产管理业务。本月中信信托首单资产隔离财产权信托项目成功落地,“中信信托·顺义上和府财产权信托项目”、“中信信托·密云上河院财产权信托项目”于8月份在中国信登完成了初始登记。该项目为中信信托、中信银行与中信城开共同设立的业内首单以资产隔离为目的,以项目底层资产作为信托财产的财产权信托项目,通过运用信托机制,落实“ -
S基金及法律尽调实务简析
2022 09/29Author:鲜瑜一、什么是S基金顾名思义,有二级(secondary)的基金,则对应应该有一级(primary)的基金。在传统的一级基金(primary fund)的场景里,投资人认购基金发行的份额,承诺根据基金管理人的打款通知支付投资款,以供基金管理人投资单体项目(单体模式)或挑选项目投资(盲池模式),等待项目成熟退出后获得基金分配的收益和本金。与按照一般性募集程序发行的一级基金(primary fund)相比,S基金则是专注于投资私募股权投资二级市 -
The policy of guaranteeing the delivery of housing and the "real estate rescue fund and disposal of non performing assets"
2022 09/20Author:Zhou YixinAfter the "owner's loan suspension" incident in July 2022, the CBRC issued three voice responses, and on July 28, 2022, the "guaranteed delivery building" was written into the Politburo meeting document. This means that "ensuring the delivery of the building" has become the top priority of real estate work this year.