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Civil Code Aftermath on "Voidable Marriage"
2020 07/08Author:Fan XiaofengIn a legal sense, "revocation" refers to the extinguishment of the legal effect of "pre-existing events or acts" by the act of revocation. "Revocation" is a protective measure after "existing events or acts" infringe on one's legitimate rights and interests, and is a right to relief. So "revocation" is achieved by exercising the "right of revocation". "Revocation" is fundamentally different from "invalidity", "rescission" and "retrospectiveness". -
When "change of circumstances" meets "force majeure", what to do?
2020 07/08Author:Qin WenyanTomorrow and the unexpected we never know who will come first. In 2020, a sudden "epidemic" disrupted our peaceful life. At the same time, it also makes the "force majeure", which has always been regarded as a "supporting role" of the contract, break into the public's field of vision. Under the "epidemic", we have to re-examine "force majeure". -
Issues related to the tracing of motor vehicle property in enterprise bankruptcy and liquidation cases
2020 07/03Author:Wang Mingtao, Yang LiuIn the process of handling enterprise bankruptcy liquidation cases, administrators often encounter the issue of transferring vehicle assets of the bankrupt enterprise or the compulsory liquidation enterprise. Usually, in addition to the above-mentioned enterprises voluntarily handing over vehicle assets to the administrator, the administrator will also go to the vehicle management agency of the local public security organ to inquire about bankruptcy or compulsory liquidation of movable property such as motor vehicles under the name of the enterprise. Especially for those enterprises filed by creditors that apply for debtor bankruptcy or compulsory liquidation, it is more necessary for the administrator to take the initiative to go to the vehicle management office to find out the situation of the motor vehicles under the name of the enterprise. -
"Trust Practice Issues" No. 3: The legal effect of capital reserve exclusively enjoyed by trust companies
2020 07/01Author:Shen Min, Zhu Yan, Wang Huan, Dong XinyiIn the process of providing legal services for equity investment trust projects of trust companies, the author's team often encounters the following transaction structure arrangements: the trust company uses the trust funds to increase the capital to the target company, part of the funds in the capital increase are included in the registered capital, and part of the funds are included in the capital reserve of the target company, and it is clarified that this part of the capital reserve is exclusively enjoyed by the trust company (as the trust trustee representing the trust, the same below). -
The fifth type of contract validity from the perspective of the Civil Code
2020 06/25Author:Xie XiangyangGenerally speaking, contracts are divided into four types according to their validity: valid contracts, invalid contracts, contracts whose validity is pending and contracts that can be changed and revoked. In fact, there is also a fifth type of contract validity widely present in judicial practice, that is, "not in force" contracts. -
Civil Code Later on "Invalid Marriage"
2020 06/17Author:Fan XiaofengI. Correct understanding of "invalidity" in the legal sense
What is "invalid"? The meaning of the word is interpreted as having no effect, so "invalid" in the legal sense means that it does not have legal effect. So what is legal effect? The main purpose of the law is the protection of rights and interests, and the norms of conduct or punitive measures stipulated by the law are all aimed at protecting legitimate rights and interests. -
Trust Practice Issue 2: Whether the external guarantee and domestic loan business must go through the registration/filing procedures
2020 06/10Author:Shen Min, Zhu Yan, Wang Huan, Dong XinyiFirst, the formulation of questions
In the course of providing project legal services to trust companies, the author's team often encounters arrangements for projects involving overseas entities to provide guarantee guarantees. -
One of the "Trust Practice Issues": how to apply the capital ratio of foreign-invested real estate projects
2020 06/09Author:Shen Min, Zhu Yan, Wang Huan, Dong XinyiFirst, the formulation of questions
On September 9, 2015, the State Council promulgated the Notice on Adjusting and Improving the Capital System for Fixed Asset Investment Projects (Guo Fa [2015] No. 51) (hereinafter referred to as "Guo Fa No. 51"), which stipulates that except for affordable housing and ordinary commercial housing projects, the minimum capital ratio of other real estate projects shall be adjusted to 25%. -
Civil Code Aftermath on "Legal Marriage"
2020 06/04Author:Fan Xiaofengoverview
Marriage, commonly understood as a legally recognized relationship between a man and a woman for the purpose of living together, is generally recognized by society. The creation of the marriage system is one of the typical examples of human beings as civilized creatures different from other social creatures, and it is an institutionalized achievement in the development of human civilization.