If it’s inconsistent between company’s registered domicile and actual place of operation, how should we determine the jurisdiction in a litigation of China?
How to determine a company’s domicile in the legal practice of China
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Author Archives: Jingzhan.Wang
Parent company gurantee applied in contracts of construction works
EXAMPLE FORM OF PARENT COMPANY GUARANTEE母公司保函范例格式
[See the comments on Sub-Clause 1.14] [见第1．14款解释]
Brief description of Contract合同简述
Continue readingChina Civil Procedure Law
China Civil Procedure Law: Civl and Commercial Legal Procedure in China
(Adopted at the Fourth Session of the Seventh National People’s Congress and promulgated by Order No. 44 of the President of the People’s Republic of China on April 9, 1991)
Contents
Part One General Provisions
Chapter I The Aim, Scope of Application and Basic Principles
Chapter II Jurisdiction
The Doctrine of Contractual Relativity in Chinese Laws
Contractual relativity is a doctrine in Chinese laws, it means the contract shall take effect between the contracting parties and shall be binding between the contracting parties, except the laws stipulate otherwise.
Continue readinga loan contract dispute in China:Suzhou branch of a bank sued a plastics company, a technology company, etc.
Basic facts of the case
In 2006, the Plastic Company signed a Factoring Agreement and a Comprehensive Credit Agreement with the bank for its accounts receivable claims against the Technology Company and notified the Technology Company. The Technology Company remitted part of the accounts receivable to the Plastic Company’s escrow account at the bank. In 2008, the bank sued the Technology Company for repayment of overdue accounts receivable of more than 2 million US dollars and required the Plastic Company to assume additional repayment liability in accordance with the terms of the repurchase factoring. The Technology Company defended itself with the prohibition of transfer clause stipulated in the purchase and sales contract signed between it and the Plastic Company.
Meeting of Tianjin Lawyers’ Association to collect opinions
On July 7th,2024, Tinjian Lawyers’ Association held a meeting to hear all departments’ opinion and explore a better solution to the current concern.
Continue readingState Council of China issues new regulation on companies’ registered capital
On July 1st,2024, The State Council of China issued the regulation on registered capital under PRC Companies Law.
Lawyer Wang attended alumnus of Law School of Tianjin University
On June 21, 2024, the first “International Arbitration” special topic of the Tianjin Foreign Law School Alumni Homecoming and Series of Academic Salon Activities co-organized by the School of Law of Tianjin University and the Tianjin Lawyers Association was successfully held at the Weijin Road Campus of Tianjin University.
Understanding Foreign-Related Civil and Commercial Cases in China
What are civil and commercial cases involving foreign elements?
According to civil procedure laws of China, foreign-related civil and commercial cases refer to civil and commercial cases that involve foreign elements, including:
(1) cases where one or both parties involved are foreign individuals, stateless persons, foreign entities or organizations;
(2) cases where one or both parties involved have their habitual residence outside the territory of the People’s Republic of China;
(3) cases whose subject matter is located outside the territory of the People’s Republic of China;
(4) cases where the legal facts that establish, modify, or terminate civil relationships occur outside the territory of the People’s Republic of China; and
(5) cases that can be determined as foreign-related civil and commercial cases.
Civil and commercial cases involving Hong Kong, Macao, and Taiwan refer to those involving elements related to Hong Kong, Macao, and Taiwan. The standards for determining Hong Kong, Macao, and Taiwan-related elements can be referred to the provisions mentioned above regarding foreign-related civil and commercial cases.
Tianjin Lawyers and Singapore lawyers held a cooperation ceremony
On May 28, the signing ceremony of the Tianjin Lawyer Association (hereinafter referred to as the “Tianjin Law Association”) and the Singapore Lawyer Association “Cooperation Memorandum” were held in the Tianjin Law Association.
China Attorney-at-law 