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142025-08
Insights

Wonderful caseShu Zhuo Sheng's criminal team studied similar cases carefully, and the case of illegally crossing the border was not prosecuted

Author | Zhuo Sheng Criminal Team, Case Background, Zhuo Sheng Team recently handled a case of smuggling across the country (border). Since June 2019, the party, Li (a pseudonym), has defrauded a certain entry-exit management detachment in Guangxi to obtain an entry-exit business endorsement for Macao and then smuggled out of the country several times, with a total of 12 entry-exit records. During his stay in Macao, he engaged in non-commercial activities in accordance with the law

112025-08
Insights

Zhiheng's statement | Talking about the stablecoin industry from the Hong Kong Stablecoin Ordinance

2025 is a key year in the booming development of digital currencies. In the past 7 months, the market size of stablecoins has increased significantly to 250 billion dollars, and the transfer scale has exceeded 35 trillion dollars, even exceeding the sum of traditional giants VISA and MasterCard. At the regulatory level, the United States GENIU

052025-08
Professional article

Know the constant analysis method. A brief analysis of some legal issues of the agreement of concerted action.

Author | Zhiheng (Shanghai) Lawyer Lou Mengqian 1. the concept and validity of concerted action agreement (I) the concept of concerted action Regarding the definition of concerted action, the current "the People's Republic of China Company Law" (hereinafter referred to as "Company Law"), "the People's Republic of China Securities Law" and other existing laws, regulations and departments

052025-08
Insights

Analysis of the legal system of the joint management right of the divided ownership of buildings in the Chinese mainland - the legal framework and practical guidelines with the Civil Code as the core

Author | Lawyer Wang Feng, Legal Basis and Normative System - The system of joint management rights in the differentiated ownership of buildings in China takes the real rights edition of the Civil Code as the core, and the Property Management Regulations and judicial interpretations as the operating rules. Its core bases are: 1. The Civil Code: (1) Article 271: Establishing the owner's joint and joint management rights over the common part

052025-08
Insights

Analysis of the legal system of the joint management right of the divided ownership of buildings in the Chinese mainland - the legal framework and practical guidelines with the Civil Code as the core

Author | Lawyer Wang Feng, Legal Basis and Normative System - The system of joint management rights in the differentiated ownership of buildings in China takes the real rights edition of the Civil Code as the core, and the Property Management Regulations and judicial interpretations as the operating rules. Its core bases are: 1. The Civil Code: (1) Article 271: Establishing the owner's joint and joint management rights over the common part

052025-08
Insights

Analysis of the legal system of the joint management right of the divided ownership of buildings in the Chinese mainland - the legal framework and practical guidelines with the Civil Code as the core

Author | Lawyer Wang Feng, Legal Basis and Normative System - The system of joint management rights in the differentiated ownership of buildings in China takes the real rights edition of the Civil Code as the core, and the Property Management Regulations and judicial interpretations as the operating rules. Its core bases are: 1. The Civil Code: (1) Article 271: Establishing the owner's joint and joint management rights over the common part

242025-07
Insights

Ningbo house fell into negative equity, how to divide the divorce.

A client consulted: the couple bought a suite in Haishu District of Ningbo and repaid the loan together after marriage. Recently, the relationship broke down to divorce, a check of the house price found that the market value of the house is lower than the remaining loan, has become a "negative equity". The man wants a house, and the woman is worried that not only will she not be able to get the money, but she will also stick it upside down. How to deal with this situation? 1. legal basis "the Supreme People's Court on the application of the" the People's Republic of China Civil Code "Marriage and Family Interpretation (I)" article 78:> one of the spouses signed before marriage...

242025-07
Insights

Analysis on the Responsibility of Former Shareholders for Transfer of Equity Right Before the Investment Term

Author | Zhiheng Company Legal Affairs Center, lawyer Zhou Yanjun, the origin of the problem, before the promulgation of the 2023 "Company Law" (unless otherwise specified, all refer to the 2023 "Company Law"), although there are some legal precedents in judicial practice that the former shareholders who transfer equity before the investment period are responsible for the company's debts, but the standard

242025-07
Insights

Analysis on the Responsibility of Former Shareholders for Transfer of Equity Right Before the Investment Term

Author | Zhiheng Company Legal Affairs Center, lawyer Zhou Yanjun, the origin of the problem, before the promulgation of the 2023 "Company Law" (unless otherwise specified, all refer to the 2023 "Company Law"), although there are some legal precedents in judicial practice that the former shareholders who transfer equity before the investment period are responsible for the company's debts, but the standard

192025-07
Insights

Ningbo Shanghai No. 1 Intermediate Court... The trial ideas and key points of the trial of the joint debt case of husband and wife.

In order to comprehensively improve the judicial ability of judges and the judgment quality of cases, further promote the value orientation of similar cases and the unification of law, and realize judicial justice, the Shanghai No. 1 Intermediate people's Court explores the working mechanism of summarizing the judgment methods of similar cases. by summarizing the problems of universality and trend in all kinds of cases, the excellent trial experience and judgment methods of judges are refined to form the standards and methods of judgment of similar cases. Joint debt between husband and wife means that both husband and wife agree to borrow or one of them is the daily life of the family...

182025-07
Insights

How is “joint production and business operation” determined in cases of marital joint debt in Ningbo?

The wife of a business owner in Ningbo came to ask: the husband borrowed a sum of money from a friend in his own name for the operation of the company, and now the creditor sued her to repay it together. The loan did occur during the marriage, but she never participated in the operation of the company, this debt she can not be recognized as a joint debt? Let's start with the conclusion: the debt of one spouse in his or her own name that exceeds the daily needs of the family is, in principle, not a joint debt of the husband and wife; if the creditor claims that the debt belongs to "joint production and operation", it must...

182025-07
Insights

How to sign Ningbo prenuptial property agreement before it is valid

A pair of young people who were about to get married came to consult: the man had a full house and a scooter in Ningbo before marriage, and the woman's parents gave a dowry. The two wanted to sign a prenuptial property agreement to clarify their premarital property and post-marital income distribution, but they were afraid that the agreement would be signed for nothing. Such concerns are very common. One sentence conclusion: as long as the prenuptial property agreement conforms to the written form, both parties are voluntary, the content is clear and legal, the disposition is the property that both parties have the right to dispose of, and does not violate public order and good customs, there is...

182025-07
Insights

After the fake divorce in Ningbo, the identity relationship was dissolved. Is the divorce agreement still valid?

A Ningbo woman consulted: she and her husband registered for divorce in order to buy a house. the divorce agreement agreed that all three properties would belong to the man. Now that the man refuses to remarry, she wants to know whether this kind of "fake divorce" agreement signed to buy a house can be invalid. First of all, let's give a conclusion: once the divorce registration is completed, the identity relationship will be legally dissolved. there is no concept of "false divorce" in law, and neither party can claim to restore the marriage relationship on the grounds of "false divorce...

172025-07
Insights

How to sign Ningbo prenuptial property agreement is legal and valid

A pair of prospective couples in Ningbo came to consult: the man had a full house before marriage, and the woman's parents were going to give a dowry. The two wanted to sign an agreement before marriage to make it clear that the property belonged to each other. They are worried that the agreement will not be signed in a standardized way and that disputes will arise in the future when they divorce. 1. Legal Basis Article 1065 of the Civil Code of the People's Republic of China: Both parties to a marriage may agree that property acquired during the marriage, as well as premarital property, shall be owned by each party individually, jointly, or partly by each party...

172025-07
Insights

Legal Risks Involving Marital Property Agreement in Ningbo

A marital property agreement is an agreement by which spouses make arrangements regarding the ownership of their joint property. With the enhancement of social legal awareness, more and more couples choose to sign marital property agreements to clarify the common property of husband and wife and protect the rights and interests of both parties, whether it is to avoid property disputes, or to make appropriate property based on the existence of marital fault on one party and the protection of the rights and interests of the other party. Considering compensation, it has become a more common choice for couples to sign marital property agreements. However, a valid marital property agreement, when drafted and signed…

172025-07
Insights

Why Ningbo Marital Property Agreement Is Invalidated

Often a party in Ningbo comes to me with a marital property agreement: at the time I asked my husband to sign this agreement, agreeing that the house belongs to me, why did the court say it was invalid? Marital property agreements seem simple, but in fact they are easily denied because of content or form issues. The 1. law is based on Article 1065 of the the People's Republic of China Civil Code: Men and women may agree that the property acquired during the marriage and the premarital property shall be owned, jointly owned or partially owned by each other...

112025-07
Insights

How to draft a perfect divorce agreement in Ningbo

Ms. Qiao has been married for eight years and has a daughter. The husband and wife have two mortgage houses. The main lender is Ms. Qiao. When the two parties negotiated a divorce, the husband proposed that "if Ms. Qiao remarries, the custody of the daughter will belong to the man" and advocated that it be included in the divorce agreement. Is this agreement valid? Direct answer: not valid. Once the divorce agreement is put into effect in the Civil Affairs Bureau, the omission or invalidity of the terms may lead to long-term disputes, and the "change of custody on the condition of remarriage" such as the provisions restricting personal rights, even if written in, there is no law...

152025-06
Insights

The Determination Conditions, Compensation Standards and Evidence Collection of "Divorce Mental Damage Compensation" in Ningbo

"Divorce mental damage compensation is an expansion of tort law in the field of marriage law, and it is also an important matrimonial relief system. This paper combs the basic content of divorce damage compensation, compensation standards and the evidence to be collected, combined with the case judgment analysis, for practical reference." The concept of 1. divorce mental damage compensation for divorce mental damage compensation refers to any line of bigamy, cohabitation with others, domestic violence, abuse, abandonment of family members during the marriage relationship...

152025-06
Insights

"Emergency Evidence Collection List" of the other party's derailment in Ningbo divorce case

It is found that the spouse has signs of cheating and is secretly transferring money. The evidence may be deleted at any time and the property may be transferred at any time-what is most needed at this time is emergency evidence collection within "golden 48 hours. The conclusion starts with the following: the core of emergency evidence collection is not to "catch the current situation", but to fix the vulnerable evidence by legal means: electronic data is recorded, exported and notarized in the first place; Transfer and consumption records are downloaded and backed up immediately; Track and contact clues are classified and saved; At the same time, assess whether it is necessary to apply for property...

122025-05
Insights

Can a husband and wife company be jointly and severally liable for company debts? How to avoid it?

Author | Jia Xiaoya lawyer, guide, Mr. Hu manages a company, and the company leases and operates a shopping mall. Recently, he was sued by the owner for delinquent rent, and the amount involved was about 2 million. In addition to asking the company to compensate for the rent, the owner also asked Mr. Hu and his wife Zhang to bear joint and several liability for the company's debts. In addition, I learned that the company run by Mr. Hu,

122025-05
Insights

How can the innocent party recover the property donated by one spouse to a third party?

Infidelity, bigamy, and taking care of a lover are classic triggers in divorce cases. In the presence of a third party, one spouse usually donates the husband's common property to the third party in order to maintain an improper relationship between men and women. However, the innocent party often knows after a large number of the husband's common property has been transferred, so many couples sue the third party to return the husband and wife to the husband

122025-05
Insights

The Key Points of Equity Ratio

Author | Lawyer Wang Hongting, when the company encounters decision-making matters in the course of operation, a shareholders' meeting needs to be held, and the shareholders vote among themselves to decide whether to pass the meeting proposal. The shareholders' voting rights at the shareholders' meeting are exercised according to the proportion of capital contribution (unless otherwise stipulated in the company's articles of association). The size of the equity ratio directly affects the shareholder's voice over the company and control, and it is also the weight of the shareholder's dividend ratio

122025-05
Insights

Wonderful case | In the name of love, breaking up disputes

On May 20, 2024, Yi Dingxing's law and enterprise integration team represented a love defense battle between the two parties who once loved each other and broke up in court. The background of the case is that the plaintiff and the defendant used to be girlfriends and lovers, and they lived and worked together from 2018 to 2021. As the general agent of micro-business, the defendant jointly operated a clothing store and a beauty health club with the plaintiff

122025-05
Insights

Notary certification requirements for foreign official documents to be used in the Chinese mainland (1)

Author | Lawyer Yang Yang, Deng Peiyun, in foreign-related affairs, foreign entities often consult "the relevant laws and regulations on the notarization and authentication of foreign documents for use in the Chinese mainland" when providing relevant documents. In order to facilitate understanding, this series of articles will organize and share the relevant laws and regulations on the notarization and authentication of foreign official documents, which documents need notarization and how to carry out Hague recognition

122025-05
Insights

Zhiheng Analysis | One of the series of major liability accident crimes: constituent elements, regional adjudication tendencies, laws and regulations

Author | Li Tian, Huang Shurui, 1. Foreword INTRODUCTION Due to the particularity of factory operations, factory operators and operation leaders must pay attention to the safety of employment during the operation. If the relevant safety management regulations are violated during the operation, resulting in a major casualty accident or other serious consequences, it may constitute a major liability accident crime

122025-05
Insights

Zhiheng Analysis | Remedies for Trapped Persons (Defendants) of Overseas Electric Fraud Criminal Groups - From the Association of Actor Wang Xing's Missing Contact in Northern Myanmar

On January 5, 2025, actor Wang Xing's girlfriend said on social media that Chinese actor Wang Xing had lost contact in Thailand and caused heated debate; on January 7, actor Wang Xing confirmed that he had been found. According to media reports, during the rescue of Wang Xing, two places of detention were locked, and 10 Chinese citizens were found in the first place and 50 Chinese citizens were found in the second place

122025-05
Insights

Legal Analysis on Whether the Unauthorized Production and Sale of Electronic Cigarettes Constitutes the Crime of Illegal Business Operation

Author | Xiao Liang, Abstract: In recent years, the supervision of the electronic cigarette industry has become increasingly strict, especially the promulgation of the "Measures for the Administration of Electronic Cigarettes" and the revision of the "Regulations on the Implementation of the Tobacco Monopoly Law", which have increased the legal risks of the electronic cigarette industry. However, the current laws and regulations mainly focus on the regulation of electronic liquids and finished electronic cigarettes, while electronic cigarette devices (referring to the atomization of cigarette liquids, etc.)

282025-03
Insights

After the chattel mortgage is registered, the amount and period are changed and registered. Is the mortgage order affected?

Author | Company Legal Affairs Center, Deng Huifen, Wang Kunyu, Under the current effective legal system in our country, whether the change registration of chattel mortgage registration has an impact on the order of mortgage rights is a complex issue involving property law and security law. According to the Civil Code and its relevant judicial interpretations, the change registration of chattel mortgage registration mainly involves the adjustment of the amount and period.

282025-02
Insights

Lawyer Zhiheng conducts lectures and training on "Labor Law Knowledge and Legal Risk Prevention" for client units

On February 28, 2025, Yang Linbai, a member of the Management Committee of Zhiheng Headquarters, Wang Tingli, a lawyer at Zhiheng Headquarters, and Wang Jingru, a paralegal, held a lecture and training on "Labor Law Knowledge and Legal Risk Prevention" for client units at Shenzhen University of Technology. The training aims to help employers gain a deeper understanding of labor law-related laws and regulations, master the compliance points in actual operation, and avoid potential legal risks, so as to better build a harmonious and stable labor relationship.At the lecture training site, Lawyer Yang Linbai started with the three core links in labor and employment management of employers - on-the-job management, on-the-job management and turnover management. Combined with rich cases and detailed legal provisions, he analyzed the legal risks and coping strategies that enterprises may face in the process of labor and employment in a simple way. During the free exchange session, Lawyer Yang Linbai interacted with the participants and patiently answered the various types of labor raised by everyone

122025-02
Insights

A major victory! Zhiheng Qianhai sets a landmark example for cross-border e-commerce class action lawsuits

Recently, Zhiheng (Qianhai) Law Firm (hereinafter referred to as "Zhiheng Qianhai") has achieved a major victory in the SAD (Schedule A Defendants Scheme) proceedings in the United States, setting a landmark example for the field of cross-border e-commerce class action lawsuits. This victory has successfully safeguarded the legitimate rights and interests of several Chinese defendants and created a persuasive legal precedent for future judgments in similar cases. First, the case brief This case is a patent infringement dispute involving mobile air conditioning kits. The plaintiff, a natural person residing in China, accused 65 sellers who opened stores on cross-border e-commerce platforms of infringing their appearance patents and demanded compensation for their losses. Second, Zhiheng's professional response strategy Faced with this complex and difficult case, with the full support of Zhiheng's former director Hailan Caiming and director Gu Xiaoqing, Zhiheng Qianhai senior partner Yan Yunyun

052024-12
Insights

Zhiheng Sharing | "Eight Crimes of Intellectual Property and Case Studies and Fraud Cases of Fraudulent Government Subsidies" Zhiheng Criminal Center Criminal Defense Sharing Meeting was successfully held

On the afternoon of December 5, 2024, the "Eight Crimes of Intellectual Property and Case Studies and Fraud Cases of Fraudulent Government Subsidies" Zhiheng Criminal Center Criminal Defense Sharing Exchange Meeting was successfully held in the large conference room of Zhiheng Headquarters. The seminar was brought by Wang Qionghua, partner of Zhiheng Headquarters and member of the Criminal Center, and Xing Tingting, deputy director of Zhiheng Financial Crime Defense Department. Zhiheng

272024-10
Insights

Zhiheng Article | Template

Catalogue, 1. Status Quo of Trade Secret Criminal Cases in Shenzhen, 2. Jurisdiction of Trade Secret Criminal Cases in Shenzhen, 3. Acts of Infringement of Trade Secrets, 4. Standards for Filing and Prosecution of Criminal Cases of Infringement of Trade Secrets, 5. Determination of Amount of Loss and Amount of Illegal Income, 6. Acceptance and Review Process of Trade Secret Cases, 7. Investigation Measures and Precautions after Filing by Public Security Organs

262024-10
Insights

Visit route guideShu Zhiheng Law Firm Shenzhen Headquarters

About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm was established in 1995 and is one of the earliest partnership firms in China. Its headquarters is located in Shenzhen Special Economic Zone, China. "Zhiheng" comes from the 16th chapter of the Tao Te Ching

222024-10
Insights

Introduction to Zhiheng | A new legal service experience, starting from Zhiheng

Zhiheng Law Firm ZHI HENG LAW FIRM Introduction, Zhiheng Law Firm was established in 1995 and is one of the earliest partnership firms in China, headquartered in Shenzhen Special Economic Zone, China. Simultaneous resonance, symbiosis with Shenzhen, as the first batch of partnership law firms in Guangdong Province established in Shenzhen in 1995,

182024-10
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Zhiheng Law Firm | A new legal service experience, starting from Zhiheng

About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm was established in 1995 and is one of the earliest partnership firms in China. Its headquarters is located in Shenzhen Special Economic Zone, China. "Zhiheng" comes from the 16th chapter of the Tao Te Ching

152024-10
Insights

Ningbo Judgment No Divorce, Will Another Prosecution be Sentenced

Many parties will ask after the first lawsuit for divorce and the court has ruled that the divorce will not be allowed, will they wait, and the second lawsuit will definitely lead to a divorce? First, give the conclusion: after the judgment is not allowed to divorce, the two parties have been separated for another year, and if one party sues for divorce again, the court shall grant the divorce; less than a year, the court will comprehensively judge whether the relationship has indeed broken down. The probability of the second prosecution is indeed high, but it is not automatic-it is accurate that "it will take six months to sue again" and "it should be sentenced to leave after one year of separation...

152024-10
Insights

How to determine the ownership of children's support after divorce in Ningbo

In divorce, parents are often most concerned about who their children live. When determining the ownership of custody, the court does not simply look at who has the highest income, but follows the principle of "the most beneficial to minor children", and combines the children's age, parental conditions and other comprehensive judgments. The 1. legal basis is the third paragraph of Article 1084 of the Civil Code: after divorce, children under the age of two shall be directly raised by their mothers. For children who have reached the age of two, if both parents fail to reach an agreement on the issue of support, the people shall...

122024-10
Insights

Can children be raised in turn after divorce in Ningbo?

In many divorce cases, both parents are reluctant to give up their children, and they are worried that one party's separate custody will leave the other party vacant, so they ask: Can the children be raised by the parents in turn after the divorce? Conclusion: Yes, but there are two prerequisites-both parents agree, and the rotation of custody is beneficial to the interests of the children. Article 48 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code clearly stipulates that under the premise of protecting the interests of children, both parents...

122024-10
Insights

Can Ningbo alimony be required to be paid until college graduation?

In the event of divorce, many parents agree to pay alimony until their children reach adulthood. After the child is admitted to the university, the living and tuition expenses will increase significantly, can the adult child ask his parents to pay support until he or she graduates from the university? In practice, the court generally does not support it, unless the child belongs to the legal situation of "unable to live independently. One sentence conclusion: alimony is generally paid until the child reaches the age of 18; Adult college students do not belong to "children who cannot live independently" in principle, and parents do not have the legal right to continue to pay...

122024-10
Insights

Can Ningbo's other party not allow children to be enforced?

After divorce, the party who does not directly raise the children often falls into such a dilemma: custody belongs to the other party, every visit is refused for various reasons, and the agreed "pick up the children on Saturday" fails again and again. Direct conclusion: visitation right can be applied to the court for enforcement, but the special logic of enforcement must be understood-the object of court enforcement is "uncooperative guardians", not the children themselves; The law clearly cannot enforce the children's personal and visiting behavior. What the court can do is to refuse to assist...

122024-10
Insights

Will the divorce of the house bought by Ningbo with the ex-husband's death compensation be divided?

During her second marriage, a woman bought a small property right house with her ex husband's compensation for the death of a traffic accident. At the time of divorce, the current husband advocated dividing the property. The court finally found that the purchase price came from the woman's personal property before marriage, and the property did not belong to the joint property of the husband and wife. This case shows that the source of the property and the evidence determine whether the divorce will be divided. The conclusion first said: one party with pre-marital personal property (including personal injury compensation) in the purchase of real estate after marriage, in principle, belongs to personal property, divorce is not divided...

122024-10
Insights

Which three situations in Ningbo can require the return of bride price

Disputes over bride price are a high-frequency type in marriage and family cases: the parties fail to get married after the bride price is paid, or divorce soon after marriage. Whether and how much the bride price can be returned is the most concerned issue of the parties. According to Article 5 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code, the three legal circumstances for requesting the return of the bride price are: the two parties have not gone through the marriage registration procedures; the two parties have gone through the marriage registration procedures but have not lived together; pre-marital payment and lead...

122024-10
Insights

How to sign a valid prenuptial agreement in Ningbo

The prenuptial agreement is not a calculation to "hurt feelings", but to clearly write down the property boundary between two people to avoid repeated wrangling over "yours and mine" in the future. The crux of the problem is not "whether to sign or not", but "how to sign is valid and how to sign is counted". 1. prenuptial agreement to manage what, no matter what property and debt is the core, personal freedom can not be about prenuptial agreement mainly deal with premarital property ownership, after marriage property system, debt commitment, the disposition of specific property and other property matters. According to the Civil Code...

122024-10
Insights

What issues can be agreed upon in Ningbo prenuptial agreement

More and more couples choose to sign a prenuptial agreement before marriage to clarify matters such as property ownership, debt commitment, and family living expenses. However, prenuptial agreements are not written as you like. Some agreements are valid, while others may be adjusted or deemed invalid by the court. First to the conclusion: the prenuptial agreement can mainly agree on the ownership, management, income, disposition of property before and after marriage, as well as family living expenses, debt commitment and other property matters...

122024-10
Insights

Is the Ningbo prenuptial agreement valid for the wrong party to clean up and leave the house?

"Whoever cheers will leave the house clean"-this sentence often appears in prenuptial agreements. After one party cheers, the other party takes the agreement and asks the other party to "go out empty-handed". Does it have legal effect after all? The key depends on what it is written as: whether it is "property ownership agreement" or "punishment conditional on divorce". The treatment of the two is very different in the eyes of the court. One sentence conclusion: the personal punishment clause written as "whoever mentions divorce and who is wrong will give up all his property" is mostly due to restrictions on the freedom of divorce and violation of public order...

122024-10
Insights

Ningbo the other party refused to pay maintenance how to do.

After divorce, one party refuses to pay alimony, and the party who directly raises the children does not have to submit to humiliation: the law gives two clear paths-if the divorce is agreed, it will be sued in the name of the children; if the divorce is litigated, it will directly apply for enforcement. Conclusion first: alimony is the right of the child rather than a private claim between the parents, and the plaintiff is the legal representative of the child and the direct dependant at the time of prosecution. The other party “…

122024-10
Insights

How to divide the equity of Ningbo husband and wife after divorce

When one spouse becomes a shareholder of a limited company with common property after marriage, the division of shares in the event of divorce must comply with the provisions of the Civil Code on marriage and family, as well as the provisions of the Company Law on the transfer of shares and the right of first refusal of shareholders. When the interests of other shareholders are involved, they cannot be divided directly in half according to the joint property of the husband and wife. The 1. sentence concludes that the equity of a limited company held by one of the spouses may be owned by one party through negotiation and compensated at a discount, or transferred to the spouse...

122024-10
Insights

Is it valid for Ningbo husband and wife's property agreement to give the property to the other party?

Sign an agreement within marriage to "give" the house registered in your own name to your spouse-is this agreement legally recognized? Can you revoke it at any time? The conclusion first says: the answer depends on whether this document is recognized as a "husband and wife property agreement" or a "gift contract". there is a huge difference between the two in terms of whether it can be revoked-if it is clearly written as a husband and wife property agreement and is in written form, it is legally binding on both parties and generally cannot be revoked arbitrarily. The wording is "gift" and the property has not been transferred and has not been notarized...

122024-10
Insights

How to sign a valid prenuptial agreement in Ningbo

A prenuptial agreement is not valid if it is signed. Some agreements stipulate that "if one party cheats, he will leave the house clean", while others restrict the other party's remarriage and childbirth. These clauses may be deemed invalid due to restriction of personal rights or violation of public order and good customs. The key to a valid prenuptial agreement is to grasp the legal boundaries. Conclusion first: a valid prenuptial agreement should be in written form, the content is limited to property agreement, shall not restrict personal rights, shall not violate public order and good customs or obviously unfair...

122024-10
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What does a valid prenuptial agreement in Ningbo generally contain?

A standard and effective prenuptial agreement can not only clarify the property ownership, but also reduce the disputes after marriage. Conclusion first: valid prenuptial agreements usually contain six major sections: information of the parties, signing background, property agreement, creditor's rights and debts, rights and obligations, and dispute resolution, with the core being property agreement. The agreement must be in written form, the true intention of both parties, does not violate the mandatory provisions of the law and public order and good customs, and the provisions involving child custody, guardianship and other identity matters are invalid. The agreement does not need to be registered in Ningbo...