Insights
Insights
How to prove that Ningbo's premarital debt is used for family life after marriage.
The debt owed by one party before marriage is used in the days of two people after marriage-is this debt personal or joint? The conclusion starts with the conclusion that the personal debt before marriage is in principle repaid by the borrower personally, and the spouse is not of course jointly and severally liable; only when the creditor can prove that the debt is indeed used for the family to live together after marriage, it may be considered a joint debt of the husband and wife. In the middle of this is a hard standard of proof: creditors must come up with a chain of evidence of "the use of funds and the benefits of the family" and just say "before marriage...
Will Ningbo's first divorce party suffer?
Many parties, especially women, will ask when consulting: "Who filed for divorce first, who will suffer from the division of property?" There are also people who worry that women are naturally in a weak position in divorce proceedings. Such concerns are common, but from a legal point of view, the outcome of divorce proceedings does not depend on who sues first, nor is it biased by gender. 1. Legal Basis: Article 1079 of the the People's Republic of China Civil Code: If one of the spouses requests divorce, the relevant organization may...
Why Ningbo's Second Prosecution Still Sentenced
Many parties think that as long as the second lawsuit for divorce, the court will definitely decide to leave. However, in practice, it is true that the second prosecution is still not allowed to divorce-which makes the parties very confused: how many times do they have to sue before they can leave? Why didn't the court support it? Conclusion first: the second lawsuit divorce is not necessarily a divorce, the court still takes "feelings have indeed broken down" as the judgment standard...
How to Accuse Divorce for the First Time in Ningbo
Many parties hope to divorce their marriage in the first lawsuit and avoid going through a long second or third lawsuit. However, in practice, it is very common for the court to deny divorce after the first divorce. The key to whether the first prosecution can be divorced is still whether the evidence proves that the relationship has indeed broken down. So, under what circumstances is it easier to obtain court support for the first divorce? How should the parties prepare? 1. Legal Basis Article 1079 of the the People's Republic of China Civil Code: People...
Ningbo v. before the mediation did not take long to formally file a case
After submitting the divorce prosecution materials, many parties thought that the court would open the case immediately, but after waiting for a long time, they were told that the case was still in the "pre-litigation mediation" stage. Pre-litigation mediation is a necessary procedure for divorce cases, and the case can only be formally filed after mediation fails. So, how long does it take to mediate before litigation? How long can a case be filed after mediation fails? 1. legal basis Article 122 of the the People's Republic of China Civil Procedure Law: If a party sues a civil dispute in a people's court and is suitable for mediation, mediation shall be conducted first...
Ningbo the People's Republic of China Civil Procedure Law
Part I General Provisions Chapter I Tasks, Scope of Application and Basic Principles Article 1 The the People's Republic of China Civil Procedure Law is formulated on the basis of the Constitution and in the light of the experience and actual conditions of China's civil trial work. Article 2 The task of the People's Republic of China the Civil Procedure Law is to protect the parties to exercise their litigation rights, ensure that the people's courts find out the facts, distinguish right from wrong, correctly apply the law, try civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, and protect when...
Does Ningbo Prosecute Divorce Must Be Mediation First
When a party sued for divorce for the first time, he didn't understand: both parties have reached the point where they are incompatible. Why does the court organize mediation? She asked me: Is it necessary to mediate before filing a divorce? How exactly does the mediation process go? Can you refuse to mediate a direct hearing? 1. Legal Basis: Article 1079 of the the People's Republic of China Civil Code: The people's court shall conduct mediation when trying divorce cases; if the relationship has indeed broken down and mediation is invalid, the divorce shall be granted. The middle...
The legal provisions that must be understood in Ningbo to sue for divorce.
Choosing to sue for divorce must be to the extent that it cannot be resolved through negotiation, and it is not allowed to protect one's legitimate rights and interests through litigation. People always have a natural fear of the unknown, have a fear of difficulties outside their professional field, and feel at a loss to fight a lawsuit. They think that going to the court to handle affairs is "troublesome". By reading the following contents, you will find that filing a divorce lawsuit is not unfathomable. If necessary, you can also entrust a lawyer to assist, so as not to "spend money and run the wrong way" and delay too much time...
How long will it take for Ningbo to sue for divorce for the second time?
Direct answer: if there is no new situation or new reason after the first lawsuit for divorce is judged not to be divorced, the plaintiff will not be able to sue again until six months after the judgment comes into effect; if the second lawsuit is still judged not to be divorced, and if the two parties are separated for one year, the court shall grant the divorce. The defendant is not subject to the six-month limit for prosecution, and the plaintiff has to wait the same six months for withdrawal. Many people mistake "six months" as "guarantee of divorce" and "separation for one year" as "automatic divorce". These two misunderstandings...
What preparations should be made before Ningbo agreement divorce
Many people once decided to divorce, the first reaction is to find each other showdown. However, rashly showdown when major issues such as property division and child support have not been clarified will often make the other party alert in advance, resulting in the transfer of property and the destruction of evidence. Whether the preparatory work before the agreement divorce is sufficient directly determines whether the divorce process is smooth and whether their rights and interests can be protected. 1. legal basis: article 1076 of the the People's Republic of China civil code: if both husband and wife divorce voluntarily, they shall...
What if one party goes back on his word during the cooling-off period of divorce in Ningbo
Agreed divorce requires a 30-day cooling-off period, which is a huge test for the party eager to divorce. During the cooling-off period, if the other party suddenly goes back on its word and goes to the Civil Affairs Bureau to withdraw the divorce application, what should the other party do? Is this marriage forever inseparable? 1. Legal Basis Article 1077 of the the People's Republic of China Civil Code: Within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, it may withdraw its divorce from the marriage registration authority...
What is the difference between the three ways of divorce in Ningbo
There are three common forms of divorce: divorce by agreement, divorce by court mediation and divorce by judgement. Many parties do not know the difference between them or which one to choose. In fact, the three methods have obvious differences in procedures, time, effectiveness and applicable scenarios. The 1. legal basis is Article 1076 of the the People's Republic of China Civil Code: if both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. The People's Republic of China...
Route GuideShu Zhiheng Law Firm Shenzhen Headquarters
About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm is one of the earliest comprehensive law firms approved for establishment in our country. In 1995, it settled in Shenzhen, which took the lead in establishing China's market economy system through reform and opening up. After the Central Committee of the Communist Party of China granted Shenzhen a pilot demonstration zone, it will start a strategic transformation by the end of 2021
Introduction to Zhiheng | A new legal service experience, starting from Zhiheng
About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm is one of the earliest comprehensive law firms approved for establishment in our country. In 1995, it settled in Shenzhen, which took the lead in establishing China's market economy system through reform and opening up. After the Central Committee of the Communist Party of China granted Shenzhen a pilot demonstration zone, it will start a strategic transformation by the end of 2021
Zhiheng Recruitment | Welcome to Zhiheng Shanghai Law Firm
Zhiheng Shanghai Law Firm JOIN US Zhiheng Shanghai Law Firm is located on the 41st floor of Times Financial Center in Pudong New Area, Shanghai, with an international business district and convenient transportation. The office area is about 2,300 square meters, and it is equipped with a cafe, high-end negotiation room, multi-functional conference room, party group activity room, independent office of lawyers and other public facilities. Zhiheng Shanghai is the headquarters direct investment, direct direct investment
Legislative Status and Trend of Trade Secret Protection
Author | Intellectual Property Center, Lawyer Wang Qionghua Directory Legislative Status and Trends in the Protection of Trade Secrets Part 1, Current Main Laws Concerning the Protection of Trade Secrets 1, Provisions on Trade Secrets in the Civil Code of the People's Republic of China 2, Provisions on Trade Secrets in the Anti-Unfair Competition Law 3, Provisions on Trade Secrets in the Criminal Law of the People's Republic of China Part 2, Recent Main Judicial Interpretations on Trade Secret Protection 1, Overview of Main Judicial Interpretations Involving Trade Secret Protection 2, Interpretation of Main Judicial Interpretations Involving Trade Secret Protection Part 3, Other Laws and Regulations on Trade Secret Protection 1, Labor Law on Trade Secrets Second, the Supreme People's Court issued on strengthening the judicial protection of intellectual property rights of traditional Chinese medicine, trade secrets belong to the field of intellectual property rights, in our country's current legal protection system of trade secrets
Zhang Nannan, a member of the Management Committee of Zhiheng Law Firm and director of the Criminal Center, was invited to give theme training to lawyers participating in the 2023 Shanwei City "Prosecutors and Lawyers Debate Competition"
On April 22, 2023, lawyer Zhang Nannan, member of the Management Committee of Zhiheng Law Firm and director of the Criminal Center, was invited to the Shanwei Bar Association to give thematic training to lawyers participating in the 2023 Shanwei City "Prosecutor and Lawyer Debate Competition". Lawyer Zhang Nannan's training course is divided into two themes: "The Tao and Techniques of Lawyer Debate - Why Debate, How to Improve" and "Analysis of Legal Case Debate". Why Do Lawyers Learn to Debate? Law is language, and trial is confrontation. The requirements for lawyers' debate ability will only get higher and higher, and the debate competition is also a stage to show the personal style of lawyers. Lawyer Zhang Nannan's sharing focuses on the similarities and differences between debate events and actual court battles, the application of debate ability in court debates, and how lawyers can improve their debate ability. Lawyers need to master the legal case debate of debate events and actual court battles
Understanding and application of prior art defenses
In order to promote the professional construction of law firms and promote the exchange and integration among lawyers, on the afternoon of April 13, 2023, the theme of "Understanding and Application of Existing Technology Defense" hosted by the Patent Committee of Zhiheng Intellectual Property Center and delivered by lawyer Zhang Bowen was successfully shared in the large conference room of Zhiheng headquarters. Attorney Zhang Bowen first introduced the common response ideas of the defendants in patent litigation, and the existing technology defense is one of the common response ideas. In patent infringement litigation, the accused infringer provides evidence to prove that the technology he implemented belongs to the existing technology or existing design. Lawyer Zhang Bowen interpreted the patent law, judicial interpretation and local judicial documents, and combined his own experience to summarize common problems in the defense of prior art, and answered them through detailed explanations of cases and rules. Regarding the determination of prior art, the technical solution disclosed before the patent application date, or the application date before the patent application date, the publication date on the patent application date and beyond
Understanding and Application of Intellectual Property Punitive Compensation System
At 3 p.m. on July 28, an exchange meeting on "Understanding and Application of the Intellectual Property Punitive Compensation System" was held in the large conference room of Zhiheng Law Firm on the 22nd floor of the Radio and Television Financial Center. This week's keynote speaker was lawyer Tang Pengfei. Mr. Tang first introduced the functions of the punitive damages system for intellectual property rights and the practical difficulties in the application of the punitive damages system for intellectual property rights; then he interpreted the importance of the punitive damages system for intellectual property rights from the policy level, legislative level and implementation level of the punitive damages system for intellectual property rights; then, Mr. Tang introduced the important laws, judicial interpretations and relevant guiding opinions of the nine punitive damages systems for intellectual property rights; finally, he also summarized the specific strategy tips for the application of the punitive damages system for the audience. The whole sharing session was rich in content and wonderful, and was very popular with lawyers. Tang Pengfei (lawyer,