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Typical case: Husband transferred millions to a third party without his wife’s consent, and she asked the recipient to return it
Mr. A passed away in early 2020, and his wife, Ms. B, discovered that Mr. A had transferred a total of ￥3,455,000 to the same account several times between 2016 and 2019, and later discovered that the third person who received the transfers, Ms. C, was Mr. A’s pre-marital girlfriend. Mr. A...Read more -
Civil Division of the Supreme Court of China: 49 practical questions and answers on matrimonial and family cases
I. Questions on litigation procedures 1. In a lawsuit, the parties voluntarily divorce and agree on property issues and the handling of debts and claims, can a third party apply for a retrial because the civil mediation which confirms the agreement violates his/her legitimate rights and interests...Read more -
China to Revise its “Green Card” Rules: Newly Released Draft on Regulations on the Administration of Foreigners’ Permanent Residence
Since the Measures for the Administration on Examination and Approval for Foreigners’ Permanent Residence (hereinafter as “Measures”) came into effect in 2004, the standards for foreigners to apply for PRC Green Card were always pretty high. Wi...Read more -
“2+1+1”: China’s Hierarchical Civil Judicial System
I. Brief Introduction As a jurisdiction of civil law system, the civil judicial system in China is different from those of common law countries, which can be summarized as “2+1+1”, namely: “2”: Generally, civil cases shall be finally adjudicated after concluding of two ...Read more -
Detailed Rules for Foreigners to Inherit the Securities of Listed Companies in China
It is common in China that most of the high-net-worth individuals send their children to study or work abroad, and some of those students end up obtaining foreign nationalities. However, due to various restrictions and policies, most of those HNWIs’ assets still remain i...Read more -
Interpretation of the New Policy of Real Estate Purchase Restriction in Shanghai —— Increasing Added-Value Tax
On January 21, 2021, local authorities of Shanghai jointly issued the Opinions on Promoting the Stable and Healthy Development of the Real Estate Market (Hereinafter referred to as “Opinions”) focusing on cracking down on the “fake-divorce purchase” and “Newly-built Property Hot” and tightening t...Read more -
An Update on Cross-border Litigations in China: Online Case Filing Platform Launched for Foreign Parties
From February 3, 2021, China's online court platform, a mini-program on WeChat, has launched a case filing service for foreign parties (for purpose of this post, including Chinese citizens residing overseas) to cross-border litigation in civil and commercial matters, a r...Read more -
Borrow or Lend Money in China: Rules Governing Private Lending
Recently, one of our clients is involved in a thorny private lending dispute in China. While providing legal advice, we searched the latest regulations and related cases from which we obtained some valuable information to share. Here we summarized the key points which sh...Read more -
Your legal concerns about the cooling-off period of divorce
Since January 1, 2021, with the promulgation of the Civil Code, the cooling-off period of divorce has been officially implemented in the divorce registration process, which has aroused widespread concern in the society. Some people suggest that this is conducive to preventing impulsive divorce an...Read more -
The significant changes in the judicial interpretation on the marriage and family section of China Civil Code
The interpretation I of the Supreme People’s Court on the application of the marriage and family section of the China Civil Code (hereinafter referred to as the New Interpretation I) has come into force on January 1, 2021. There are 91 articles in total, which are the specific, operational ...Read more -
The significant changes in the judicial interpretation on the succession section of China Civil Code
The Supreme People’s court of China has formulated the first batch of seven new judicial interpretations, which will be implemented simultaneously with the Civil Code on January 1, 2021. After the implementation of the interpretation of the Supreme People’s Court on the application of...Read more -
Could A Divorced Parent Designate A Custodian for their Children By Will in China?
In divorce proceedings, the physical custody of minor child is one of the most important issues to be determined. You may refer to other posts on this blog in regard of child custody issues under Chinese divorce laws. ...Read more
