Here is a case that Lawyer Wang Jingzhan experienced in the last year, with course of action and legal reasoning as follows.
Continue readingCase of contract fraud and legal analysis
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Category Archives: Case Study
How to determine a company’s domicile in the legal practice of China
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?
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.
Compensation standard for personal injury suffered by foreign parties traveling in China
How to determine the compensation standard for personal injury suffered by foreigners traveling in China? Wang Jingzhan, a lawyer from Bozhuan Law Firm in Tianjin, answers this question through a case study
Legal Issues on Medical expenses of work injury in China
Who will bear the medical expenses not reimbursed by the work-related injury insurance fund?
Lawyers from Tianjin Bozhuan Law Firm, China, is sharing a case for example, to explain who shall be responsible for the additional medical expense which can not reimbursed by work injury fund.
Continue readingTo review a contract: mind the contractual party.
Contract review: mind the contracting party.
This is the second time I compose an article on such a subject, because I recognize that to check parties who are literally involved in a contract is of the most importance in reviewing a contract, whereas most contractors tend to ignore it, even for the legal occupant. Continue reading
Contract review: mind the contracting party that shall take liability.
Contract review: mind the contracting party.
Reviewing contract is the second time I have composed this year , because I, as a lawyer, recognize that it is of most importance to verify parties who are literally involved in a contract, whereas most contracting parties tend to ignore it, even for the legal occupant. Continue reading
Termination Agreement on Construction Project for Quality Problems
协议书
甲方：XXX（天津）有限公司
乙方：天津市XX工程有限公司
关于甲方与乙方之间表面处理车间地面修复施工(Repair the floor of the ST phaseⅡ-表面车间环氧砂浆表面涂刷)一事，因质量问题，XXX年1月15日双方签订了《终止合作协议》，对施工工程进行了最终结算，并终结了双方的权利义务。 Continue reading
甲方：XXX（天津）有限公司
乙方：天津市XX工程有限公司
关于甲方与乙方之间表面处理车间地面修复施工(Repair the floor of the ST phaseⅡ-表面车间环氧砂浆表面涂刷)一事，因质量问题，XXX年1月15日双方签订了《终止合作协议》，对施工工程进行了最终结算，并终结了双方的权利义务。 Continue reading
Be cautious when making an Arbitration Clause as China laws
Case Review
On the 29th of April,2014, the claimant，a Canadian company, entered into a contract with the respondent, a Tianjin company. Continue reading
China Attorney-at-law 