28
2025-09
In off-plan mortgage transactions, the seamless connection between "pre-mortgage registration" and the developer's "stage-specific guarantee liability" is crucial for balancing the bank's security of credit rights, defining the developer's scope of responsibility, and safeguarding the homebuyer's obligations. In practice, parties often dispute whether the developer's stage-specific guarantee liability is automatically discharged once the pre-mortgage registration has been completed—disagreements on this issue frequently lead to legal disputes. This article will clarify the core logic behind this matter by integrating relevant legal provisions, judicial precedents, and practical insights, while also outlining the specific conditions under which liability may be exempted and identifying effective pathways to protect the rights and interests of all involved parties.
2025-09-28
28
2025-09
Although the importance of international arbitration is widely recognized, extensive empirical studies reveal that Chinese companies still face a range of pervasive, systemic issues during the process of "going global," particularly in the stage of drafting arbitration agreements. These challenges place them at a disadvantage even from the very outset of any potential disputes.
2025-09-28
28
2025-09
On June 20, 2025, the Supreme People's Court designated the case of Guo Mouning's objection lawsuit against Lin Mouxī and the third party, Beijing Yi Mucultural Agency Co., Ltd., seeking to add or change the judgment debtor, as an included case, with case number 2025-08-2-496-001. According to the "Work Procedures for the Construction and Operation of the People's Court Case Database," people's courts at all levels are required to search the People's Court Case Database when hearing cases and should refer to the included cases in making their judgments. The cases selected by the Supreme People's Court for inclusion carry mandatory reference authority. This article aims to analyze and examine the evidentiary responsibilities borne by shareholders of single-member companies after being involved in litigation, based on the reviewed included cases and the Supreme Court's analysis and research on these cases.
2025-09-28
28
2025-09
Commodity housing consumers (including general home buyers) are entitled, under Article 28 and Article 29 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Review Cases by People's Courts," to request exclusion from compulsory enforcement based on their expectation of property rights, provided that certain conditions are met. Although parking spaces—though classified as real estate eligible for legal registration—are distinct in their real estate characteristics from typical commodity housing units, determining whether parking space purchasers can invoke Articles 28 and 29 of the same Provisions to seek enforcement exclusion when their purchased spaces are subject to seizure or execution remains a contentious and challenging issue in practical enforcement scenarios.
2025-09-28
26
2025-09
On September 24, the Party Branch of the Asset Protection Department of Tianjin Bank Jinan Branch joined forces with the Third Party Branch of Zhongcheng Qingtai Jinan Office to jointly host a party-building collaboration event themed "Party Building Leads to Unified Strength, Rule of Law Escorts and Drives Development." Attending the event were Xu Huan, Deputy President of Tianjin Bank Jinan Branch; Lü Chaolong, General Manager of the Asset Protection Department; Yang Bo, Supervisor of the Asset Protection Department, along with department members Wang Zhichao and Wang Haoqi. Representing Zhongcheng Qingtai Jinan Office were Gao Jian, Deputy Director and Senior Partner; Zhang Jian and Zhang Lijie, Partners; and lawyers Li Shujing and Wang Han.
2025-09-26
26
2025-09
Perspective | How to Identify and Target the Actual Manufacturers Behind Infringing Products
In trademark enforcement practice, infringers often set up shell companies in places like Beijing, Shanghai, and Tianjin, or even register companies in Hong Kong, China, or Germany—often overseas—to package their counterfeit products. This strategy not only helps them conceal their illegal activities but also significantly complicates the task of rights holders seeking legal redress: shell companies typically lack real assets, making it difficult to enforce court rulings; meanwhile, when defendants are foreign entities, challenges arise in terms of jurisdiction and applicable law. Given these circumstances, how should we effectively combat infringement and safeguard the legitimate rights and interests of rights holders?
2025-09-26
26
2025-09
The "Interpretation by the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (II)" (hereinafter referred to as the "Judicial Interpretation II on the Marriage Chapter") was adopted at the 1933rd meeting of the Adjudication Committee of the Supreme People's Court on November 25, 2024, and will come into effect on February 1, 2025. As a crucial judicial interpretation in the field of marriage and family law, Judicial Interpretation II addresses numerous complex issues arising in judicial practice, including property transfers between spouses, parental contributions toward children’s post-marital home purchases, sham divorces, and property division in cohabitation cases—issues that will profoundly impact how lawyers handle such cases.
2025-09-26
25
2025-09
From September 20 to 21, the "2025 Lhasa South Asia Corridor Construction: Forum on Foreign-related Legal Services," hosted by the Lhasa Lawyers Association, was successfully held in Lhasa, Tibet. The forum brought together representatives from lawyers associations, foreign-related legal experts, and business leaders hailing from Lhasa, Wuhan, Haikou, Nanjing, Jinan, Chengdu, Huai'an, Mianyang, and other cities. Together, they gathered to actively contribute ideas and strategies aimed at strengthening the rule-of-law framework and enhancing legal services along the South Asia Corridor under the Belt and Road Initiative. Attorney Sona, a partner at Zhongcheng Qingtai Law Firm in Jinan, attended the forum as a special guest, delivering a presentation titled "Practical Insights into International Trade Contracts and Risk Management." She was also honored by the Lhasa Lawyers Association with the title of "Special Contributor."
2025-09-25
25
2025-09
Under the overarching framework of "One Country, Two Systems," the Hong Kong Special Administrative Region enjoys independent judicial power and final adjudication authority. Its legal system is based on common law, which differs significantly from the mainland's legal system, where statutes play the dominant role. While these differences have enriched the diversity of China's rule of law, they also pose challenges in ensuring the mutual recognition and enforcement of court judgments as cross-border civil and commercial interactions become increasingly frequent. Therefore, safeguarding the legitimate rights and interests of parties from both regions—and enabling judicial decisions to effectively transcend different legal jurisdictions—has emerged as a critical issue for enhancing judicial cooperation between the two places.
2025-09-25
25
2025-09
In the field of real estate transactions, it is not uncommon for individuals to purchase properties under the names of third parties—often referred to as "buying a house in someone else's name"—in response to housing loan restrictions, purchase limits, or to qualify for government-sponsored housing programs. When creditors of the property owner attempt to seek judicial intervention to freeze or seize the registered property due to outstanding debts, the actual buyer typically steps in by initiating legal proceedings to assert their ownership rights. In such disputes, the main points of contention usually revolve around whether the actual buyer’s claims can override compulsory enforcement actions, what criteria judicial authorities use to evaluate these claims, and the burden of proof that the claimant must bear. Drawing on normative documents such as the Civil Code of the People’s Republic of China, the Supreme People’s Court’s Draft Interpretation on Applying Laws to Cases Involving Objections to Enforcement (I), and the Supreme People’s Court’s Provisions on Several Issues Concerning the Handling of Enforcement Objections and Review Cases by People’s Courts (Revised in 2020), this article examines key issues related to third-party objections to enforcement in cases involving "buying a house in someone else's name," supported by relevant case studies.
2025-09-25
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
