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Interpretation of the Key Content of the Civil Enforcement Law (Draft
2022 07/18Author:Guo Jinhui, Dai WeisiThe "Civil Enforcement Law of the People's Republic of China (Draft)" (hereinafter referred to as "the Draft") has attracted widespread social attention since it was submitted to the 35th Session of the Standing Committee of the 13th National People's Congress for initial deliberation on June 21, 2022. The Draft is based on the implementation procedures of the Civil Procedure Law, integrating the provisions of the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws, as well as relevant judicial interpretations and normative documents. It is the first time that China has made special legislation to ensure the enforcement of civil enforcement, and has proposed a large number of framework designs for the creation of the enforcement system, Giving legal basis to some practical and effective practices that lack existing legal basis in judicial practice will be beneficial to filling the gaps in China's compulsory execution procedural legislation. -
How to provide legal services for compliance training for film, television, cultural and entertainment enterprises?
2022 07/15Author:Peng MeiyangCompliance legal services refer to the consulting services provided by lawyers to help enterprises prevent, identify, evaluate, report, and respond to compliance risks based on their understanding of relevant domestic and foreign laws and regulations, international organization rules, regulatory regulations, compliance requirements, business practices, and ethical norms in the industry and business field of the enterprise, as well as the articles of association and rules and regulations formulated by the enterprise in accordance with the law Special legal services and advisory services such as agency. -
"If the mortgagor goes bankrupt and the chattel mortgage is not registered, can the mortgagee claim the priority right of repayment?"?
2022 07/13Author:Zhao Li, Jia WeiboThe Civil Code adopts registration antagonism rules for the effectiveness of chattel mortgage. Article 403 of the Civil Code stipulates: "Where movable property is mortgaged, the mortgage right shall be established from the time the mortgage contract takes effect; without registration, it shall not be opposed to bona fide third parties." So, what are the scope of "third parties" that cannot be opposed in this provision? Does it include bankruptcy creditors or bankruptcy administrators? In other words, if the mortgagor goes bankrupt and the chattel mortgage has been established but not registered, can the mortgagee claim priority compensation from the bankruptcy administrator with the proceeds from the disposal of the mortgaged property? This article will reveal the answers to the above questions by analyzing a case and combining the provisions of the Civil Code and its associated judicial interpretations. -
Analysis Summary of International Sale and Purchase Agreement for Liquefied Natural Gas (LNG) -- From the Buyer's Perspective
2022 07/12Author:Jiang Liyong, Zhang BoIn recent years, the number of liquefied natural gas (LNG) produced and imported in China has continued to increase significantly. In 2021, China surpassed Japan in the amount of LNG imported, becoming the world's largest LNG importer. As a major LNG importer, many import enterprises in China need to sign LNG purchase and sales agreements with overseas LNG exporters or sellers. Due to the characteristics of commodities, LNG purchase and sales agreements have formed a unique model and habit, but they may not be very familiar to Chinese companies newly entering this field. Gaopeng Law Firm has reviewed relevant LNG international sales contracts on behalf of relevant domestic companies. As a relevant attorney, this article, from the perspective of domestic buyers, provides a preliminary introduction to several typical terms and issues that need to be noted in purchase and sales agreements, in order to help Chinese enterprises facing similar cases better respond to such contractual and legal issues. -
If the lessee goes bankrupt, does the financial leasing lessor have the right to exercise the right to retrieve the leased property?
2022 07/08Author:Zhao Li, Jia WeiboArticle 242 of the Contract Law stipulates: "The lessor enjoys the ownership of the leased property. If the lessee goes bankrupt, the leased property does not belong to the bankruptcy property." Before the introduction of the Civil Code, there was no significant controversy regarding the bankruptcy of the lessee and the possibility of the financial leasing lessor to retrieve the leased property in accordance with Article 242 of the Contract Law, and mainstream judicial practice also supports this. However, the Civil Code has adjusted this provision of the Contract Law. Article 745 of the Civil Code stipulates: "The ownership of the leased property enjoyed by the lessor shall not be registered against a bona fide third party.". Compared to the two, there are two adjustments: first, the expression "without registration, no one may oppose a bona fide third party." has been added; The second is to delete the statement "If the lessee goes bankrupt, the leased property does not belong to the bankruptcy property.". This additional statement has the intention of structuring a financial lease as an atypical security right and conditionally granting the lessor ownership of the leased property. The deletion of the expression seems to lead to uncertainty as to whether the lessor can retrieve the leased property in bankruptcy proceedings, and there is even a risk that it cannot be retrieved. -
How can lawyers provide legal services for the construction of compliance management systems for film, television, cultural and entertainment enterprises?
2022 07/07Author:Peng MeiyangCompliance legal services refer to the consulting services provided by lawyers to help enterprises prevent, identify, evaluate, report, and respond to compliance risks based on their understanding of relevant domestic and foreign laws and regulations, international organization rules, regulatory regulations, compliance requirements, business practices, and ethical norms in the industry and business field of the enterprise, as well as the articles of association and rules and regulations formulated by the enterprise in accordance with the law Special legal services and advisory services such as agency. -
"Social adjustment of population" or crimes involving population—— Eight Questions about the Guangxi Quanzhou Incident
2022 07/06Author:Feng Wei"Population and social adjustment" is probably a brand new "concept and vocabulary" that most Chinese people have hardly heard of or thought of before July 5, 2022. However, in this short day, a "Notice" from Quanzhou County, Guilin, Guangxi, has made this term popular throughout the network, and has also made the fate of children born beyond the family planning policy highly visible. -
How to provide legal services for compliance management of business partners for film, television, cultural and entertainment enterprises?
2022 07/04Author:Peng MeiyangBusiness partner management refers to the legal services provided to standardize and promote the compliance operation of business partners of customers in accordance with their compliance policies. In the context of global compliance, as an extension of business activities, business partners' violations often affect the enterprise itself. Enterprises that neglect compliance management of business partners often bear management responsibilities and business reputation losses. Therefore, larger enterprises or influential enterprises in the industrial chain often extend their compliance policies to business partner management. -
Things about "short videos"
2022 07/01Author:Zhang Jianli, Peng Meiyang, Wang JingWith the rapid development of the short video industry, cases involving short video copyright are also increasing year by year. According to the number of cases reported in the "News Briefing on the Trial of Short Video Copyright Cases" released by the Beijing Internet Court in April 2022, the number of cases involving short video copyright has great potential for growth and significant growth. In this monthly report, we will focus on "short videos".