《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
Fraud may consitute not only the basis of civil liability but also the basis of criminal punishment in legal practice of China. You may wonder what’s the difference between a civil fraud and criminal fraud. Continue reading
How to use emails as proofs when a litigation is undergoing in China ? it is a question that looks easy but actually it’s not that easy. Continue reading
A forum selection clause for agreement relating to China, is a cause agreed by parties in an agreement to decide the jurisdictional court for disputes arising between parties if the execution of a business contract relating to China. Continue reading
Court fees for a litigation in Tianjin of China are mainly dependent on the nature of the case and the value of the case.Different cases may be charged differently, let’s take a look at the cases of property. The cases of property here refer to the cases in which the claim is about money or having a monetary value. As per the Supreme Court‘s measures on litigation charges, the accetptance fees for a civil or commercial case shall be calculated by the value that’s claimed. Continue reading
Making an international litigation means that you’re going to file a litigation against someone that’s abroad or in which the case took place overseas or have any other factors relating to a foreign country.For expats or international busniess, sometimes you may be cheated or have a dispute with the counteryparty. Continue reading
Criminal lawyer is talking about the crime of invasion into computer as per the laws of China. Continue reading
Lawyer fee in China is one of the most concern when we need to retain a lawyer in China, it means the most popular lawyer fee that may be charged by a law firm or lawyer in China to take a case or other legal service . Lawyer fees also are referred to be as attorney fees, legal service fees or legal counsel fees, and etc. Continue reading
Sale and Purchase Contract is one of the most popular documents needed for international business. In this article, I set out some of the legal questions over the sales/purchase contract which is regularly consulted to me, in accordance with laws of China.
Answer by Lawyer Jingzhan.Wang: As per China legal practice, a contract may be made by oral or written. So, a written contract is not mandatory as per law of China. However,from my experience, it’s better for you to have a contract by written, formally and duly signed by parties. Many disputes have been raised where there is absence of formal contract. It make it difficult to prove the right and obligation agreed between parties. It’s a disadvantage for the party who is responsible for the proof. In practice, if indeed there is lack of a formal contract, keeping delivery notes, receipt, settlement statement, invoices and etc, would be helpful for the party to prove the contractual relationship and rights and obligations. Continue reading
Do you need a lawyer to take care of your case in China, or are you looking for a lawyer to eliminate the risks when trading with a Chinese company? then you may need to choose a lawyer to represent you. Here below is some ways to appoint your lawyers: Continue reading