Category Archives: Legal Advice

The legal defination of sales contract as per laws of China

Sales contract is a typical contract in contract law of China

Sales contract is one of the most common contracts made between manufacturing companies, trade companies and etc. As per the law, other contract in dispute, when without specific regulation, may refer to the ruling of sales contract. The Article 595 says a sales contract is a contract whereby the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price。

This article defines the concept of a sales contract.

Continue reading

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.

Legalization of foreign documents to be used in China

Legalization of foreign documents is to legalize a foreign document, normally by authentication of the stamp/signature on documents, making it eligibly used in the relevant country. Here below, a brief introduction was made about how it is required in a lawsuit in the territory of mainland China.

Continue reading

律师对涉外贸易合同的审查指引 Guidance for lawyers on reviewing contracts of foreign-related trade

《律师审查涉外贸易合同业务操作指引》
目    录 一、定义二、审查的一般原则三、常见专业术语(英文为例)四、合同审查注意事项五、审查意见制作及提交


为指导本省律师从事涉外贸易(实体货物类,不包括技术及服务)合同审查业务,保证工作质量,规避执业风险,特制订本指引供律师从事涉外法律服务过程中参考。 Continue reading

Reducing corporate capital for FDI in China

Sometimes, a foreign invested company in China may want to reduce its captial at some stage, for example company owners want to change the scale of their business. Mr.Wang.JIngzhan, a lawyer from Tianjin, China, is now briefing you on the legal requirement when reducing the registered capital.

Continue reading