30
2025-05
The initial intent of fixed-price contracts is to control costs and avoid overruns. The employer, by using a fixed price, transfers risks within the normal scope during the construction period to the contractor, thus gaining budget certainty. The contractor, through independent bidding, comprehensively considers construction costs, anticipated profits, and risk premiums. Once signed, the contractor bears market risks such as fluctuations in material and labor prices during the contract term. The rise and fall of market prices fall within the scope of commercial risks: price increases may lead to reduced profits or even losses for the contractor, but price decreases can also increase the contractor's profits. Therefore, unless the construction content and contract conditions change, the contractor may not request an adjustment to the contract price due to general price fluctuations. However, this "absolute lump sum" is not without exceptions. This article will analyze typical scenarios to discuss when fixed prices can be adjusted and their legal basis.
2025-05-30
30
2025-05
Equity holding on behalf of others in commercial banks refers to an agreement between the actual investor and the nominal investor of the commercial bank's equity, where the actual investor provides the capital and enjoys the investment rights, while the nominal investor acts as the nominal shareholder to exercise the equity. Equity holding on behalf of others is common in business practices. According to relevant laws and regulations in China, the validity of equity holding on behalf of others is generally recognized. This article mainly analyzes the validity of equity holding on behalf of others in commercial banks and whether it can be excluded from execution, as follows:
2025-05-30
15
2025-05
Giving a betrothal gift and "three golds" is an important part of traditional Chinese wedding customs. However, when an engagement is broken off (commonly known as "breaking off an engagement") or a divorce occurs shortly after the wedding, the return of the betrothal gift and three golds often leads to intense disputes and becomes a social issue. In recent years, such disputes have become increasingly common in judicial practice. According to statistics, in the past two years, the number of first-instance cases concerning the return of betrothal gifts and engagement property handled by courts nationwide has reached nearly 20,000, and the amount of betrothal gifts has shown a general upward trend. How to legally and reasonably determine the nature of betrothal gifts and "three golds" while respecting wedding customs, and how to fairly handle the issue of their return, is related to the protection of the property rights and freedom of marriage of the parties involved. This article will combine the provisions of the Civil Code and relevant judicial interpretations to conduct an in-depth analysis of the legal nature of betrothal gifts and "three golds", the conditions and rules for their return, and will analyze the court's determination approach through the latest judicial practice and typical precedents, and put forward practical suggestions to provide readers with practical guidance.
2025-05-15
15
2025-05
Giving a betrothal gift and "three golds" is an important part of traditional Chinese wedding customs. However, when an engagement is broken off (commonly known as "breaking off an engagement") or a divorce occurs shortly after the wedding, the return of the betrothal gift and three golds often leads to intense disputes and becomes a social issue. In recent years, such disputes have become increasingly common in judicial practice. According to statistics, in the past two years, courts nationwide have accepted nearly 20,000 first-instance cases involving disputes over the return of betrothal gifts and engagement property, and the amount of betrothal gifts has been generally increasing. How to legally and reasonably determine the nature of betrothal gifts and three golds while respecting wedding customs, and how to fairly handle the issue of their return, is related to the protection of the property rights and freedom of marriage of the parties involved. This article will combine the provisions of the Civil Code and relevant judicial interpretations to analyze in depth the legal nature of betrothal gifts and three golds, the conditions and rules for their return, and will analyze the court's determination approach through the latest judicial practice and typical precedents, and put forward practical suggestions, in order to provide readers with practical guidance.
2025-05-15
15
2025-05
In the practice of criminal defense, money laundering and the crime of concealing or disguising criminal proceeds (hereinafter referred to as the concealment crime) have become two common crimes, but the two crimes are often confused due to the similarity of their behavioral manifestations. Therefore, clarifying the legal boundaries and accurately distinguishing the charges is crucial for accurately combating crime and maintaining judicial justice. This article will analyze the two crimes from the following aspects.
2025-05-15
06
2025-05
Inheritance is an eternal topic. The continuity of Chinese civilization for five thousand years relies on inheritance; the preservation of the fine traditions of the Chinese nation also relies on inheritance. Many famous sayings, proverbs, and allusions about inheritance are also prevalent in traditional Chinese culture. The author wishes to use the past to enlighten the present, prompting modern entrepreneurs to think about the protection and inheritance of their own wealth, and to encourage a transformation from the initial awareness of inheritance to a comprehensive mindset of inheritance.
2025-05-06
06
2025-05
Perspective | Common Legal Issues in Cohabitation under the New Situation
In today's society, with the continuous opening up of people's minds and the blending of multiculturalism, cohabitation has become increasingly common and is gradually becoming a preferred lifestyle for unmarried individuals. According to the "2023 Young Couples Cohabitation Survey Report" jointly released by Baihe Jiayuan Group and "The Houlang Research Institute," 77.8% of young people have an open attitude towards cohabitation, and a considerable number of young people have actual cohabitation experience. Looking at the different age groups, the premarital cohabitation rate for Generation Z (born after 2000) is 26.9%, while the rate for Generation X (born in the 1980s) and Generation Y (born in the 1990s) reached 59.9% and 63.8% respectively. The premarital cohabitation rate in China shows an upward trend. The increasing prevalence of cohabitation relationships has also brought about numerous legal disputes, however, many people know little about legal issues in cohabitation relationships. This article will thus provide a summary based on relevant legal provisions.
2025-05-06
06
2025-05
The Supreme People's Court released the first batch of guiding and typical cases on labor disputes in new employment forms in December 2024, and the second batch was released on the occasion of International Labor Day (May 1st). These cases clarify the standards for determining labor relations and rules for assuming responsibility, aiming to balance the protection of workers' rights and the development of the platform economy. The following are the core contents of the first batch of released cases and specific typical cases from the second batch:
2025-05-06
29
2025-04
In recent years, the volume of trademark applications in China has increased significantly. However, behind the large number of trademark registration applications, there are some acts that violate the principle of good faith. Some applicants have engaged in acts such as clinging to trademarks of others with a certain degree of fame, malicious registration, and hoarding trademarks, not only infringing on the rights of other trademark right holders but also occupying trademark resources. Based on the aforementioned facts, Article 44, Paragraph 1 of the Trademark Law has become the main clause for revoking or invalidating registered trademarks on absolute grounds; "Obtaining registration by other improper means" has played a positive role in judicial practice, effectively cracking down on a batch of malicious registrations aimed at "傍名牌" (riding on the coattails of famous brands) and other improper acts such as hoarding a large number of trademarks for profit.
2025-04-29
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
