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Epidemic Related Legal Practice Series | Alert! Don't allow price inflation to enjoy the "monopoly" of the epidemic
2022 05/26Author:Gu Lin、Wang YuOn April 19, 2022, the Shanghai Municipal Public Security Bureau reported a case of illegal business of driving up prices: after investigation, since April 10, the suspect Gao has illegally rented others' food business license to open a shop on the network platform, stockpiled a large number of vegetables, eggs, chickens, ducks and other food, and significantly raised the price for external sales, with a cumulative sales of more than 1.75 million yuan and an illegal profit of more than 1.5 million yuan. At present, suspect Gao has been taken criminal coercive measures by Jing'an police according to law due to his suspicion of illegal business operation, and the case is under further investigation. -
Fame at a young age? How to sign a minor brokerage contract
2022 05/25Author:Peng MeiyangIt is said that fame should be achieved at a young age, and stars such as "TFBOYS, Zhang Zifeng, Zhang Yishan, Yang Zi, and Guan Xiaotong" who have emerged since childhood have attracted many minors to join the film and television entertainment industry. Moreover, in order to seek better development in the entertainment industry, more and more minors are also starting to sign up for brokerage companies. The author previously discussed the concept, nature, how to terminate a performance brokerage contract, and how to bear the responsibility for breach of contract in the article "Bait? Brokerage Contracts Can't Be Signed If You Want". This article analyzes the subject and effectiveness of signing a performance brokerage contract for minors, which is a special case. -
Epidemic Related Legal Practice Series | Legal Analysis and Suggestions on Delayed Repayment of Housing Loans Affected by the Epidemic Situation
2022 05/25Author:Liu LihongRecently, with the continuous escalation of the epidemic in Shanghai and around the world, the possibility of delaying the repayment of housing loans has caused a heated discussion on the Internet, becoming a hot topic in Weibo searches. Many netizens have called major banks to apply for a loan extension on the grounds of being locked up at home, unable to resume work, and having no income. Does this application have a legal basis and can it be supported? This article studies this issue, hoping to be helpful to the mortgage community under the epidemic. -
Administrative Agreement Dispute Practice Series (III) | The Effectiveness of Administrative Agreements
2022 05/25Author:Jia Weibo、Zhao LiThe review of the effectiveness of administrative agreements is the key to the trial of administrative agreement cases. For an effective administrative agreement, both parties need to assume responsibilities such as continuing to perform, taking remedial measures, and compensating for breach of contract; "For an invalid administrative agreement, the counterpart may apply to the court to declare it invalid.". How to determine the effectiveness of administrative agreements?Can the effectiveness judgment rules of civil contracts be applied?In addition to being valid and invalid, are there any other states of validity of administrative agreements, such as revocable or pending?This article will answer these questions in combination with judicial practice. -
Who will bear the responsibility for the plagiarism of the Audi Xiaoman advertisement endorsed by Andy Lau?
2022 05/24Author:王静"Audi advertising plagiarism" has sparked a heated debate among netizens. While discussing the "copy and paste" plagiarism copywriting of Audi cars and advertising producers, some netizens have also enthusiastically discussed the responsibility of Andy Lau as a spokesperson. -
Corporate Compliance Series | Anti monopoly Compliance of Listed Companies from the Published Announcement in 2022
2022 05/23Author:姜丽勇In order to enhance the anti monopoly compliance practice of operators, the Anti monopoly Committee of the State Council formulated and issued the "Anti monopoly Compliance Guide for Operators" (hereinafter referred to as the "Guide") in September 2020. In 2022, the second year of the official implementation of the Guidelines, more enterprises have carried out various compliance work. Based on the annual reports of domestic listed companies disclosed so far in 2022, we have summarized the relevant work on antitrust compliance construction of listed companies. -
Epidemic related legal practice series | How to deal with breach of contract by both parties of housing lease contract under the COVID-19
2022 05/20Author:节红英On April 10th, 2022, The Shanghai High People's Court revised and completed the Series of Questions and Answers on the Application of Law in Cases Involving the COVID-19 Epidemic Situation (2022 Edition), in which question 2 clearly stated that "the epidemic situation and the epidemic prevention and control measures are generally force majeure stipulated by law, and the epidemic situation or the epidemic prevention and control measures make it impossible to achieve the purpose of the contract/the contract cannot be performed, and the parties can claim to terminate the contract/exempt from liability or partially exempt from liability according to the relevant provisions". -
A trillion-yuan cultural and cultural heritage blue ocean awaits lawyers to expand their industry
2022 05/20Author:Song Huijiang,Shen AishanMay 18th is World Museum Day. According to officially released data, the scale of China's cultural and museum industry, excluding cultural relics from Hong Kong, Macao, Taiwan, and abroad, has exceeded 500 trillion yuan, almost equivalent to the size of real estate. However, contrary to the annual decline in real estate valuation, the appreciation trend of cultural relics and antiques is obvious. As the legal adviser of the National Cutural Heritage Administration, the National Museum and China Poly International Auction Co., Ltd. for many years, Gaopeng Law Firm has been standing at the forefront of the cultural and museum industry, and will certainly seize the opportunity and make great achievements. -
Overseas Financing Transaction Series | Financial Commitment: Lenders' Safety Net
2022 05/17Author:Xian YuIn the financing of overseas transactions, the granting of loans by lenders to borrowers is accompanied by a series of requirements that borrowers must comply with after determining the lending relationship. Overseas lenders are very strict with the requirements and management of borrowers after loans. The author has repeatedly encountered situations where foreign financing banks require seats on the board of directors of the target project company. A series of related commitments made by a borrower to a lender in connection with obtaining a loan. An important part of the lender's obligations to the borrower after the loan is reflected in financial covenants. In addition, there are non-financial commitments, which will be detailed in a separate article.