Category Archives: Legal Research

Legal Research

How to determine the place of business of a foreign air carrier for entering into a contract, for litigation in China?

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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The risks brought by the inconistency between domicile and business place

Risk 1: The company may be put in the list of abnormal business operations by the market supervision department

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.

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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.

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A Example of Agreement of Techinical service onsite for Construction/Installation relating to China

Herebelow Lawyer Wang Jingzhan From Tianjin Lawyer office is sharing an example of contract regarding techincial service onsite.

AGREEMENT OF FIELD TECHNICAL SERVICE AND TECHNICAL TRAINING SERVICE

For

Agreement NO: ________________________

Effective Date of Agreement:   (effective date) 

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The conviction and punishment for drug purchasing agent according to laws in China

what crime may the drug purchasing agent be charged of in China? in a criminal case,where Lawyer Wang Jingzhan acted as the criminal defense attorney for a defendant who’s a foreigner, a drug purchasing agent was accused of drug tracfficking.

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从案例看形式上减资与抽逃出资的法律分析

(最高人民法院第二巡回法庭2019年第27次法官会议纪要)
案情摘要
2008年11月,甲公司投资5000万元设立乙公司。2011年12月13日,甲公司与丙公司等四方签订《增资扩股协议书》,约定丙公司以货币资金出资9800万元入股乙公司,丙公司分三次将9800万元汇入乙公司。 Continue reading →

涉外贸易合同律师审查指引-涉外法律风险防控

《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

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