一、民法典婚姻家庭编的《解释（二）》的制定背景
近年来，随着我国经济社会发展，城乡家庭的结构和生活方式发生了新变化，婚姻家庭矛盾呈现出新特点，家事纠纷案件数量高位运行。近三年来，全国法院审结一审婚姻家庭继承纠纷案件每年大约200万件，占全部一审民事案件的12%左右。其中，离婚纠纷案件每年大约150万件，占所有家事案件的近80%。离婚纠纷中，财产分割成为焦点。涉案标的额增大、财产类型多样化，婚姻家庭与财产领域问题交织，疑难复杂案件增多，法律适用标准亟待统一。
Chinese lawyers handling foregin-related cases were gathered at Shanghai Jiaotong Unversity to attend the 3th training organized by China National Lawyers’ Association.
Lawyer Wang Jingzhan from Tianjin Bozhuan Law Firm attended this training from Dec. 1st to Dec.6h 2024.
The topics includes the following;
Investment and Finance to Disputes Solution;
Strength Foregin-related legal ruling, improve the business environment;
Finance Sanction’s latest development and response;
Outbound investment and merger;
Statutory elements of force majeure
4.1 Event elements
Force majeure refers to objective events and their consequences that cannot be foreseen, avoided or overcome, resulting in the inability to perform a contract in accordance with the contract agreement.
According to the China civil laws, an offer is a proposal to create contract with others, this proposal shall meet the following:
How to determine the place of business of a foreign air carrier for entering into a contract?
Question and answer: Article 33, paragraph 1 of the Montreal Convention provides that: “An action for damages must be filed in the territory of one of the parties, at the option of the plaintiff, in the court of the carrier’s domicile, principal place of business or place of business where the contract is concluded, or in the court of the destination.” Among them, how to determine the “place of business where the carrier enters into a contract” should be handled according to the following ideas:
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As per the article 470 of China Civil Code, the content of a contract shall be agreed by parties, generally include the following:
Here is a summary of the legal procedure for a civil lawsuit
The rules on conclusion of contract in China, based on the articles of the Civil Code of P.R.China
Article 469: The parties may enter into a contract in writing, orally, or in any other form.
Written form refers to the tangible representation of the contents contained in contracts, letters, telegrams, telegrams, faxes, and other forms.
A data message that can be tangibly expressed through electronic data interchange, email, or other means and can be accessed and used at any time is considered in written form.
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According to the Interim Measures for the Management of the List of Enterprises with Abnormal Business Operations, enterprises that cannot be contacted through registered residences or business premises will be included in the list of enterprises with abnormal business operations. This information is published on websites such as the Enterprise Credit Information Network, and is also displayed in some enterprise information query apps. Once listed in this directory, it will have an impact on the reputation of the enterprise.
China Attorney-at-law 