Insights
Insights
Execution of objection by outsiders: Can the agreement on property ownership in the divorce agreement be excluded from execution?
In the execution objection lawsuit of the outsider, the creditor applies for the enforcement of the real estate in the name of the debtor, but there are often cases where the outsider, as the spouse of the debtor, files an objection to the object of execution on the grounds that "he and the debtor have agreed on the ownership of the real estate in the divorce agreement, but he has not registered the transfer in time, and he is the actual right holder of the real estate involved in the case" and the outsider's claim to exclude the execution of the execution objection. In practice, the judgment results of such cases are quite controversial. This article will analyze similar cases as the starting point. Welcome to communicate and correct. ( The full text is about 4000 words, and it is expected to take you about 10 minutes.) 1. Judgment Rules From the retrieved cases, there are mainly two types of judgment opinions in such cases: The first is whether the outsider can enjoy enough to exclude coercion based on the agreement on property ownership in the divorce agreement
Zhiheng lawyers were selected as the fifth batch of foreign lawyers in Guangdong Province
According to the requirements of the Provincial Law Association's "Notice on Launching the Application of the Fifth Batch of Guangdong Foreign-related Law Firm Database and Foreign-related Lawyers Talent Pool" (Guangdong Law Association [2023] No. 136), the fifth batch of Guangdong Foreign-related Law Firm Database and Foreign-related Lawyers Talent Pool were organized and carried out in various places. Under the supervision of the Supervisory Committee of the Provincial Law Association, after review, centralized deliberation, and secret voting, 38 law firms were selected to join the foreign-related law firm database, 22 lawyers joined the foreign-related lawyer leader talent pool, 155 lawyers joined the foreign-related lawyer pioneer talent pool, and 754 lawyers joined the foreign-related lawyer new talent pool. Among them, Wan Zhengyu, partner of Zhiheng Longgang, and Lin Suwen, lawyer of Zhiheng Dongguan, were selected as the pioneer talent pool of foreign-related lawyers. Wan Cheng, senior partner of equity of Zhiheng Law Firm, partners Yang Xiaoming, Wang Xue, Li Wenjie, Zhang Jinmei, lawyer Zeng Yuru, executive director of Zhiheng Dongguan,
Is the Ningbo clean-out agreement valid?
"If you cheat again, you'll leave the house clean"-many couples will sign such an agreement. In the event of divorce, does this type of agreement have legal effect? How will the court determine it? One sentence conclusion: the agreement between husband and wife on "going out of the house" may be invalid or partially invalid if it involves restrictions on personal rights or obvious imbalance, but it may be supported if the property ownership and the consequences of breach of contract are clearly defined in the form of written agreement on the property of husband and wife, and it does not violate the mandatory provisions of the law. Rewrite "loyalty agreement" to "financial...
When will the Ningbo divorce agreement take effect? Can we go back on our word?
When a husband and wife sign a divorce agreement, one party goes back on his word and does not want to leave, or has objections to the property division clause-when will the divorce agreement take effect? Can I go back on my word if I sign it? The conclusion first says: the divorce agreement takes divorce registration as the effective condition-if the divorce registration is not handled, the agreement is not effective, and either party can go back on its word (including withdrawing the application within the 30-day cooling-off period); After the divorce registration takes effect, both parties shall perform the agreement according to the contract. If they go back on the division of property, they shall prove the existence of fraud and coercion within the legal time limit...
Butterfly change from Cainiao to big coffee
Author | Yi Dingxing Lawyer In the legal industry, "Cainiao" lawyers often face many challenges. However, Liu Hong, deputy director of the management committee of Zhiheng Law Firm, a senior with 30 years of experience in practice, used his own personal experience to give us these "Cainiao" selflessly share his valuable experience of success. His teaching full of wisdom and mantra provides us with valuable inspiration. He emphasizes that no matter what you do, you must stay happy every day and be passionate about the career you choose. After becoming the legal counsel of the enterprise, we need to keep listening at all times and really understand the needs of customers. This is an important factor to enhance customer trust. For Cainiao lawyers, it is an essential growth element. Through his one-hour sharing, I summarize the following study notes and self-views: First of all, clear positioning is the key to the growth of Cainiao lawyers. We need to clarify our career goals and understand ourselves
Ningbo agreement divorce and litigation divorce how to choose
The difference between the two paths of 1. The core difference between agreement divorce and litigation divorce is whether the two parties are voluntary and agree on children, property, and debts. Agreed divorce requires both parties to apply to the marriage registration authority, and after a 30-day cooling-off period, they will jointly apply for a divorce certificate; a lawsuit for divorce will be sued by one party to the court, which will be mediated or judged by the court. Can walk the agreement, usually faster, lower cost, less confrontational. But the freedom of divorce by agreement also means that "everything depends on negotiation". Whenever there is one thing that cannot be discussed...
Ningbo Divorce Agreement Template
When many couples went to the Civil Affairs Bureau to register their divorce, they found out that the divorce agreement provided by the marriage registration authority was only a "minimum matching" template, and they signed it after filling in a few blank pages. Many people thought that "it would be all right after filling in the documents". As a result, after the divorce, they had to file a lawsuit for several years because their property was not clearly written, their debts were not listed, and their visits were not agreed. Conclusion First, the divorce agreement is a necessary document for registering divorce, which will take effect from the date when both parties obtain the Divorce Certificate, and the provisions on the treatment of property and debts are legal for both parties...
Ningbo Agreement Divorce Process and Material List
What materials need to be prepared for divorce by agreement? How does the process go? Now many places can make an appointment online, but the basic procedure is the same across the country. Direct to the conclusion: agreed divorce should "run twice"-the first time both parties jointly apply to the marriage registration authority for divorce registration and enter a 30-day cooling-off period; Within 30 days after the expiration of the cooling-off period, both parties will be present again to collect the divorce certificate. Those who fail to receive the divorce certificate within the time limit shall be deemed to have withdrawn the application. The whole process materials are the identity cards, residence booklet, marriage certificate and written divorce agreement signed by both parties...
Thoughts on claiming rights and interests after three female employees were illegally dismissed
Author | Lawyer Wang Hongting According to Article 42 of the "employment contract law", a female employee in the "third period" refers to a female employee who is during pregnancy, childbirth and breastfeeding. According to Article 45 of the "employment contract law", if an employee is during the medical treatment period, pregnancy, childbirth and breastfeeding period, the employer shall not terminate the employment contract when the employment contract period expires. The term of the employment contract shall automatically extend until the expiration of the medical period, pregnancy, childbirth and breastfeeding period. If a female employee is illegally terminated from the employment contract during the "third period", how should she claim her legitimate rights and interests? If the employer illegally terminates the employment contract of the third period of female employees, it shall bear the legal responsibility for illegally terminating the employment contract. According to the relevant provisions of the Employment Contract Law, the worker may request to continue to perform the employment contract, and the employer shall continue to perform it; the worker does not request to continue to perform the employment contract or the employment contract cannot continue
The 11th Business Exchange Meeting of the Legal Professional Committee of Duty Crime Defense of Shenzhen Lawyers Association - "Defense Logic of Pyramid Selling Cases" was successfully held in Zhiheng
On the afternoon of January 28, 2024, the 11th business exchange meeting of the Legal Committee for Duty Crime Defense of Shenzhen Bar Association - "Defense Logic of MLM Cases" was successfully held in the large conference room of Zhiheng headquarters. This exchange meeting specially invited Qiu Zufang, a member of the Criminal Defense Professional Committee of the China Criminal Procedure Law Research Association and director of Guangdong Jinqiao Baixin (Xiamen) Law Firm; Hu Cong, a partner of Taihetai (Shenzhen) Law Firm and a hearing member of the Guangzhou Railway Transport Branch of Guangdong Provincial Procuratorate, brought wonderful sharing. Cai Hua, Member of the Criminal Committee of the All-China Lawyers Association, Vice President of the Institute of Advanced Criminal Defense of Northwest University of Political Science and Law, and Chief Criminal Defense Lawyer of Guangdong Xiaofeng Law Firm; Member of the Economic Crime Defense Committee of the Guangdong Bar Association, Member of the Duty Crime Defense Committee of the Shenzhen Bar Association, and Deputy Director of Zhiheng Criminal Center Gan Dingzhong; Beijing Kyoto (Shenzhen) Law Firm
How to divide the house registered in the parents' name by the man after marriage in Ningbo.
After marriage, it was discovered that the husband used the couple's joint savings to purchase a property for the in-laws, but the property rights were registered in the parents' names-can the wife claim to divide the suite during the divorce? First, let's give a conclusion: in principle, the real estate registered in the parents' name cannot be directly divided as the joint property of husband and wife, because the real property right of real estate shall be subject to registration and involves the rights of a third party. The correct path is to "confirm the right first and compensate the bottom"-first to file a right-confirming lawsuit claiming that the house is actually the joint property of husband and wife, and then to divide it in the divorce lawsuit...
What should one party do when Ningbo divorces to sell the vehicle?
In divorce proceedings, it is not uncommon for one party to suddenly find that the car originally registered in the spouse's name has been transferred or sold. As the vehicle transfer procedures are relatively simple and the examination standard is lower than that of real estate transactions, cars often become a tool for one party to transfer the common property of husband and wife. First give the conclusion: one party's unauthorized sale of the vehicle jointly owned by the husband and wife is essentially a transfer of the common property of the husband and wife...
Can the share of Ningbo husband and wife's gift of real estate be revoked?
During the marriage relationship, it is common for one party to "give" part or all of the share of the individual property to the other party, or to agree to convert the pre-marital property into a common family property arrangement. Once the relationship breaks down and prepares for divorce, the donor often repents to revoke it on the grounds of "not yet transferred", while the recipient claims that the gift has been established and should continue to be performed. Such disputes are common in divorce proceedings, and the rules will change significantly in 2025. Conclusion: February 1, 2025 《...
Research on Mortgage Claims - What should creditors do when real estate is insolvent?
Author | Lawyer Guo Xiangfeng Introduction According to Article 414 of the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code"), when the same property is mortgaged to two or more creditors, the order of repayment of the proceeds from the auction and sale of the mortgaged property is determined according to the time sequence of the registration of the mortgage. This means that, under normal circumstances, the mortgage registered first (first mortgage) has priority in the order of repayment over the mortgage registered later (second mortgage). However, if the first mortgage claim is not sufficient to repay in full, the second mortgage claim will usually participate in the distribution according to the remaining price in the chronological order of registration after the first mortgage claim is satisfied. In judicial practice, even if the first mortgage claim is not paid in full, there are some possible exceptions, so that the second mortgage claim can participate in the distribution of mortgage auction funds. As an attorney, the author has participated in several recent cases involving the acquisition and settlement of real estate mortgage claims
Zeng Changqing, the supervisor of Shenzhen Law Association, and his party visited Zhiheng to visit and condolences to Zhang Shanhua, the old supervisor
Visiting and condoling the old president, the old supervisor and the old lawyers every year is a fine tradition and heart-warming project of the Shenzhen Bar Association for many years. On the afternoon of January 26, 2024, Zeng Changqing, the supervisor of the Shenzhen Bar Association, and his party visited Zhiheng Law Firm to visit and condolence to Zhang Shanhua, the old supervisor, and sent New Year's wishes. Zhang Shanhua, director of the management committee of Zhiheng Headquarters, warmly received and organized the discussion. Director Zhang Shanhua, Director of the Management Committee of Zhiheng Headquarters, Director Zhang Shanhua, extended a warm welcome to Director Zeng Changqing and his party, expressed his gratitude for the concern of the Municipal Law Association, and expressed his full recognition and appreciation for the achievements made by the 11th Municipal Law Association. Director Zhang Shanhua expressed the hope that the working team of the Municipal Law Association will continue to uphold the pragmatic and hard-working spirit and lead the development of the Shenzhen law industry to a new level. Director Zeng Changqing, Director of the Supervisory Board of the Shenzhen Bar Association, Zeng Changqing, Director of the Supervisory Board, addressed to Director Zhang Shanhua
The "Legal Tax Business Integration Sharing Conference" was successfully held
On the afternoon of January 25, 2024, the "Legal Tax Business Integration Sharing Meeting" jointly organized by Zhiheng Law Firm's Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center (hereinafter referred to as "Zhiheng Marriage and Wealth Inheritance Center") and Zhiheng Company Legal Affairs Center was successfully held in the large conference room of Zhiheng Headquarters. This lecture specially invites Jiang Fei, founding partner of Ruichao (Shenzhen) Taxation Firm and senior ACCA Chartered Certified Accountant, Li Tian, a lawyer, Certified Public Accountant, tax advisor, asset appraiser, and senior corporate compliance officer of Guangdong Mingdao Law Firm, Han *******, director of the 9th Panyu District Lawyers Working Committee of Guangzhou Lawyers Association, member of the 10th Finance and Taxation Law Professional Committee of Guangzhou Lawyers Association, and Fu Zhiyin, president of Mahayana Family Office and an expert in family wealth management, to bring wonderful sharing. Liu Hong, deputy director of the management committee of Zhiheng Headquarters and director of the company's legal affairs center, Zhiheng Headquarters Equity
New rules for drunk driving - those with a blood alcohol content of less than 150 milligrams/100 milliliters can be treated as a non-criminal offense
Author | Criminal Center, Lawyer Gan Dingzhong The crime of dangerous driving was criminalized in the Criminal Law Amendment (VIII) on February 25, 2011. The author handled many such cases that year. Since then, in practice, the case-handling organs have handled a large number of dangerous driving cases in accordance with the provisions of the Criminal Law, and many drunk drivers have been punished by the Criminal Law. However, due to the severity of criminal penalties, a large number of drunk drivers have been sentenced to prison, resulting in criminal stains on their lives, negative personal and social evaluations, as well as criminal sanctions, professional influence, disciplinary actions, and administrative penalties they have suffered, and even involve the career choices and social negative evaluations of future generations. Therefore, there have been different views and discussions on the sentencing of such cases in practice, and relevant academic research and the praise and criticism of the legal profession have not stopped. This time the Supreme People's Court, the Supreme People's Procuratorate
The first plenary meeting of the legal affairs center of Zhiheng Law Firm was successfully held
On the afternoon of January 22, 2024, the first plenary meeting of the legal affairs center of Zhiheng Law Firm was successfully held in the large conference room of Zhiheng headquarters. Liu Hong, deputy director of the management committee of Zhiheng headquarters and director of the company's legal affairs center, Zhou Yanjun, partner of Zhiheng headquarters and secretary general of the company's legal affairs center, Zhang Dengfeng, senior partner of Zhiheng headquarters and business consultant of the company's legal affairs center, Wang Zhenghua, senior partner of Zhiheng Qianhai Equity and business consultant of the company's legal affairs center, Zhou Hua, lawyer of Zhiheng Guangzhou and business consultant of the company's legal affairs center, attended the conference. Reviewing the construction plan and organizational structure of the center Liu Hong, deputy director of the management committee of Zhiheng headquarters and director of the company's legal affairs center, Director Liu Hong took the stage and led the participants to review the construction plan and organizational structure of the company's legal affairs center. The purpose and goal of the establishment of the company's legal affairs center is to rely on the Zhiheng system, integrate internal and external resources, and consolidate
Can Ningbo's Parents Divorce after Marriage Transfer Property?
After marriage, one parent transfers the property under his name to his children, and is targeted by the other party for division during divorce, which is a typical scene in Ningbo marriage and family consultation. First of all, let's give a conclusion: whether this suite is the personal property of the donated children or the joint property of the husband and wife depends on "how to write it at the time of transfer"-the gift contract and real estate registration are the two core documents. If the parents make it clear through a written gift contract (or notarized, registered remarks) that only one of their children belongs to the personal property of the donated children, and the house is away from...
Ningbo pre-marital parents make a down payment to register their spouse's name.
Before marriage, the man's parents made a down payment, but the house was registered in the woman's name-how to divide the suite in the event of divorce? This is the most likely to "roll over" in a marriage room dispute: the money is paid by the parents-in-law, the name is written by the daughter-in-law, the intention of the contribution and the appearance of the registration are misplaced, and the rules are much more complicated than "writing who belongs to the name. First of all, the conclusion: when the capital contribution and registration are misplaced, the court will not simply follow the "write who's name belongs to who" treatment, but combined with the nature of the capital contribution (gift, loan or conditional capital contribution), the reason for registration...
Does the spouse have the right of residence after the divorce of the pre-marital property in Ningbo?
When one party buys a house with full money before marriage, the other party is required to "live until remarriage" or "live until the child reaches adulthood" when divorcing. Is this legal support? First of all, the conclusion is that the premarital property is the owner's personal property, the divorce does not participate in the division of common property, the spouse does not naturally enjoy the right of residence. This article discusses the requirements for establishing a right of habitation…
How to divide the divorce of Ningbo's agreed property
Many couples have signed an agreement that "each takes care of his own money" during their marriage, but they panic when they get divorced: does the law recognize this agreement? Can I still share the deposits and real estate in the other party's name? First to the conclusion: the validity of the marital property agreement depends on whether the agreement has been "written and clear", within it can change the default rules of the legal common property system, divorce in their respective names of property to their own...
Internet advertising series (a): Internet advertising all the way, regulatory compliance changes
Author | Intellectual Property Center, Elephant Migration Team The development of Internet advertising forms has been "surging" all the way, invading all aspects of life. Car navigation, web pages, software, and app pop-up advertisements "dominate" for a while. APP fancy splash ads continue to advance, and a new model has long been quietly arriving. In early 2023, Zhang Xinyue, a student at Wuhan University, sued Meitu Xiuxiu for dissatisfaction with the "shake a shake" splash ad. The first instance of the lawsuit ended eight months ago. The People's Court of Siming District, Xiamen City, Fujian Province, supported some of Zhang Xinyue's claims and ordered the company affiliated with "Meitu Xiuxiu" to: 1. Stop infringement and set compliance with the interaction parameters that trigger the user's jump (trigger jump parameter setting acceleration not less than 15m/s2 rotation angle not less than 35 °, operation time not less than 3s) to ensure that the user is walking, riding, picking up and placing
The second phase of the Big Coffee Face-to-Face Luncheon Series "The Transformation from Cainiao to Big Coffee - The Magic Weapon for the Growth of Young Lawyers" was successfully held
At noon on January 19, 2024, the second phase of the face-to-face luncheon of the big coffee series hosted by Zhiheng Law Firm and co-organized by Zhiheng Youth Industry Committee, "The Transformation of Cainiao to Big Coffee - The Magic Treasure for the Growth of Young Lawyers" was successfully held in the large conference room of Zhiheng headquarters. This luncheon was specially invited to Liu Hong, deputy director of Zhiheng Management Committee and director of the company's legal affairs center. Li Huahong, member of Zhiheng Management Committee, women's labor committee, and director of the public welfare committee, had lunch with the lawyers present to discuss and exchange. Self-introduction and exchange Silhouette of the lawyers present The lawyers present introduced themselves in turn, telling their respective practice experiences in a relaxed and active atmosphere, and confiding in the confusion on the road to practice. Summary speech Liu Hong, deputy director of Zhiheng Management Committee and director of the company's legal affairs center, Director Liu Hong's speech was sincere and emotional, sharing the experience before entering the legal profession and the mental journey on the road of lawyer practice, and summarizing the core elements of lawyer growth
The 2023 Annual Work Summary Conference of Zhiheng Marriage, Family Affairs and Wealth Inheritance Legal Affairs Center was successfully held
On the afternoon of January 18, 2024, the 2023 annual work summary meeting of Zhiheng Marriage Family and Wealth Inheritance Legal Affairs Center (hereinafter referred to as "Zhiheng Marriage Family and Wealth Inheritance Center") was successfully held in Zhiheng Conference Room. Liu Yanhua, director of Zhiheng Marriage Family and Wealth Inheritance Center, Zeng Suzhen, deputy director of the center and director of the marriage and family affairs department, and Zhang Dengfeng, deputy director of the center and director of the wealth inheritance department, attended the meeting. The meeting was chaired by Director Zhang Dengfeng. 2023 Work Summary Zeng Suzhen, Deputy Director of Zhiheng Marriage Family and Financial Transmission Center and Director of Marriage and Family Affairs Department Zeng Suzhen, Director Zeng Suzhen, reported the work summary of Zhiheng Marriage Family and Financial Transmission Center in 2023. The center has been established since October 2023, pursuing excellence and continuous innovation. In 2023, the center held three professional lectures, insisted on holding weekly seminars, and organized members to write professional articles, successfully completing various tasks. Director Zeng Suzhen said that the center
Ningbo parents give real estate to their children. Does the spouse have a share?
After marriage, the parents transfer the property under their name to their children, does the spouse have a share? Conclusion First, the property donated after marriage belongs to the joint property of the husband and wife in principle, and the spouse has the right to claim it; but if the gift contract clearly stipulates that "only the gift is personally owned by one of their children and has nothing to do with their spouse", the property belongs to the personal property of the child and the spouse has no right to divide it. The key points are "whether the gift contract is directed" and "whether the evidence is retained. This paper combines the Civil Code and related judicial interpretations to give parents to the house, spouse...
Provisions of Ningbo on Several Issues Concerning the Application of Law in the Trial of Cases Involving Bifrite Disputes
After the bride price was given, the marriage did not take place, or the divorce took place shortly after registration. Whether and how much the money should be refunded has long been the most acute point of contention in the marriage property disputes in Ningbo and its surrounding areas. The special regulations of the Supreme People's Court, which came into effect on February 1, 2024, have for the first time written three types of problems: "how to determine the scope of betrothal gifts", "how to live together without registration" and "how to live together without registration". Written rules. The following is a complete presentation of the provisions before dismantling the practice item by item...
Ningbo love period to buy a house together to break up how to divide
During the period of love, we paid for a house together and split up before we got the license. Who is the owner of this suite and whether it can be returned is a high-frequency question in the consultation of young people in Ningbo. The answer is not in the "marriage law", but in the "common" rule-because the two parties have not yet registered their marriage, the division of marital property is not directly applicable, but depends on capital contribution, registration and written agreement. Why does 1. love house purchase not apply to the division of marital property without registration of marriage, follow the general property law path, both men and women have not registered for marriage, the other...
How to determine who owns the pet when Ningbo divorces
Striving for a house, a child, and a cat and dog who get along day and night-this is no longer an isolated phenomenon in Ningbo's marriage and family counseling. However, there is a gap between the answer given by the law and the emotional expectations of the parties: China's current law does not set up independent personal rights and interests for companion animals, pets are still treated as "things" in the referee, and the path of division of the common property of husband and wife is taken, not the path of child rearing. The question the court really wants to answer is therefore not "who loves it more", but "what does it...
Residence rights - the spring of debtors' evasion of mortgage-like claims?
Author | Lawyer Guo Xiangfeng Article 154 of the Civil Code stipulates that: The actor and the counterparty collude in bad faith, and the civil juristic act that damages the legitimate rights and interests of others is invalid. Mortgage is an important means for creditors to ensure that debts can be repaid. However, when the mortgagor deliberately sets the right of residence on the real estate out of bad faith, it may cause serious damage to the rights and interests of the mortgagee. 1. Legal Provisions and Value Functions of Mortgage and Residence Rights Article 394 of the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") stipulates that: If the debtor fails to perform the due debts or the mortgage rights are realized as agreed by the parties, the creditor has the right to be paid first for the mortgaged property. Therefore, the value function of the mortgage right lies in the priority of the secured creditor's right to be paid. Articles 366 to 371 of the Civil Code stipulate that the owner of the residence right has the right to pay for the residence of others in accordance with the contract or the will
How to divide the divorce after marriage loan to buy a house in Ningbo
After a few years of marriage, the young couple bought a house on mortgage, registered in the name of one party, and the monthly payment was also paid by one party. When it comes to divorce, can the other party divide it? Who owns the house? Who pays the rest of the loan? How to handle the transfer? Conclusion First, the house purchased by the marriage loan belongs to the joint property of husband and wife in principle, no matter registered in the name of one party or both parties; when divorce, the party who obtains the house generally continues to repay the remaining loan and pays the discount calculated according to the net value of the house to the other party; the identity of the main lender is only for reference...
Ningbo real estate certificate has family name, how to divide divorce
For houses purchased after marriage, in addition to the names of both husband and wife, the names of the man's parents, the woman's parents and even their children are also registered on the property certificate-such "family photo real estate" is not uncommon in Ningbo. Conclusion: First of all, if the name of other family members other than husband and wife is registered on the real estate certificate, the court usually does not directly divide the house in divorce proceedings, because the house is already within the category of common property of the family, the original defendant in divorce cases can only be the husband and wife, and the "respective shares" must be clarified through the property analysis lawsuit or the right confirmation lawsuit "...
What if the other party does not cooperate with the transfer of ownership after the divorce of Ningbo agreement
The divorce agreement is signed, the property agreement belongs to you or the child, but the other party has not gone to the real estate registration center to sign it. You waited for a few months, and even found that the other party began to borrow money, the house may be seized or mortgaged at any time-this "agreement in hand, property rights hanging" dilemma, is the most real anxiety of many parties to the agreement divorce. Conclusion first: real estate transfer is not the natural result of divorce registration, but an independent legal act that requires the cooperation of both parties. If the other party does not cooperate, the correct path is "book...
How to divide the real estate registered in the name of minor children in Ningbo
Many Ningbo families will directly register their property rights in the names of their minor children when buying a house: some want to leave a guarantee for their children, some think that "writing their children's names will save trouble in the future", and some intend to bypass purchase restrictions, loan amount constraints and even debt risks. However, once a marriage reaches its end, the ownership of this apartment often becomes the most contentious issue in divorce disputes. To begin with the conclusion: registering a house in the name of a minor child does not automatically mean that the house belongs to the child. The court reviews the source of the funds used to purchase the property, as well as the registration at the time…
How to divide Ningbo's pre-marital real estate for multiple sales after marriage
Before marriage, the house that was funded by the parents or saved up their own money to buy, after marriage, due to changing jobs, children going to school or investing to cash in several transactions, the account has long been unable to tell which money came from the pre-marital property. During divorce property division, one party claims the assets are premarital personal property, while the other argues that they have been commingled and should be divided equally. Conclusion first: The court will not find that the house "automatically becomes common property" just because it is sold-the money from the sale of the house after marriage, if it can be proved that the source is clear and not mixed with the common property, it is still in principle...
How to divide the financial loss after marriage in Ningbo
After many years of marriage, the husband has been using his savings after marriage to speculate in stocks and buy funds. The wife has repeatedly discouraged him from thinking that the risk is too high. The market fluctuated greatly, the account shrank from more than 800,000 to 300,000, the relationship broke down and went to divorce. The wife insisted that the husband should "be responsible for making up the losses", and the husband advocated that the remaining money in the account should be divided equally. Such scenes are not uncommon in divorce counseling. The conclusion first said: after marriage with the husband and wife common property investment income in principle belongs to the husband and wife common property, losses are also shared by both parties, divorce...
Zhiheng News | Zhixing Xiangsheng · Constant Creation of the Future - Zhiheng Law Firm's 2023 Annual Work Summary Conference and 2024 Welcome Gala were grandly held
Looking up is spring, bowing down into autumn, saying goodbye to 2023, and welcoming 2024. Gathering in Shenzhen Greater China, the group of talents is full of joy; meeting the Zhiheng family, less long and salty, and joy. Looking back on the past, Zhiheng people worked together, hand in hand, and achieved remarkable results; looking forward to the future, Zhiheng people will make persistent efforts, move forward bravely, with full heat
Invalid interval? Separate or combined tax calculation? How to plan? An article explains the annual bonus tax issue
Author | Liu Kun Lawyer's annual bonus is what most employees look forward to all year round, and the importance is self-evident. Under what circumstances is the higher the annual bonus, the lower the after-tax income? Should the annual bonus be taxed together or separately? How to use the annual bonus for personal income tax planning? This article will answer the personal tax question of the annual bonus for readers from these three aspects. What is the range of the annual bonus invalid range? The invalid range of annual bonus refers to the year-end bonus amount in this range, but the bonus is less, as follows: For example: annual bonus 36001 yuan, the individual income tax payable separately is 36001 × 10% -210 = 3390.1 yuan, and the after-tax income is 36001-3390.1 = 3 2610.9 yuan. But if the annual bonus is 36000 yuan, the individual income tax payable separately is 36000
A number of lawyers in Zhiheng were hired as members of the volunteer team to create the service project of Futian Harmonious Labor Relations Industrial Park
Recently, according to the work needs of "Creating Futian Harmonious Labor Relations Industrial Park Service Project", in order to give full play to the professional advantages of experts and improve the service quality of the project, the Shenzhen Futian District Human Resources Association created the Futian Harmonious Labor Relations Industrial Park Service Project Expert Volunteer Group. On the afternoon of January 10, 2024, the ceremony of issuing the appointment letter of the expert volunteer group of the expert group of the Futian District to create the Harmonious Labor Relations Industrial Park and the latest difficult labor dispute hotspots in Shenzhen. Sharing of the referee's caliber and interpretation of the labor dispute mediation specification process exchange activity was successfully held on the 5th floor of the Party and Masses Service Center of Futian CBD Center, Excellence Building. The appointment letter of the volunteer group expert was Wu Lisa, a second-level researcher at the Labor Customs Department of Shenzhen Human Resources and Social Security Bureau, issued a letter of appointment for lawyer Wang Xue. After strict screening and evaluation, lawyer Mu Qing and lawyer Wang Xue of Zhiheng Law Firm were hired as human resources in Futian District
"Opportunities for Sino-US Lawyers Collaboration and Case Sharing Exchange Meeting in the Context of High-quality Foreign-related Legal Services" was successfully held
On the afternoon of January 11, 2024, the opportunity and case sharing exchange meeting for collaboration between Chinese and American lawyers in the context of high-quality foreign-related legal services jointly organized by Zhiheng Law Firm and Sleiber Law Firm was successfully held in the large conference room of Zhiheng Headquarters. This exchange meeting specially invited lawyer Liu Qinghe, founder of Sleiber Law Firm, lawyer Bai, senior partner Joseph, senior partner of Sleiber Law Firm, to share the theme, and lawyer assistant Liu QiAttend together. Lawyer Ye Lei, Deputy Director of the International Trade Professional Committee of Guangdong Bar Association and Director of Guangdong Shennuo Law Firm, was invited to attend. Lawyer Zhang Shanhua, Director of the Management Committee of Zhiheng Headquarters, Gu Xiaoqing, Executive Deputy Director of Zhiheng Headquarters, Executive Director of Hong Kong and Qianhai, Lu Yaxin, Executive Director of Zhiheng Xi'an, and Wang Lirong, Head of Administration-Operation of the Representative Office of the US Sleibb Law Firm in Qianhai, etc. The exchange meeting was attended by Zhiheng Headquarters Partner
How to prevent the transfer of only one name when buying a house after marriage in Ningbo
For the real estate purchased after marriage, there is only the name of the spouse on the title certificate, and the other party is always uneasy in his heart: it is clear that the two of them paid the loan together and saved money to buy it together, in case the other party sold the house and mortgaged it without telling himself. What? Direct to the conclusion: after marriage with the common property to buy a house, even if only registered in the name of one party, in principle, is still the common property of husband and wife, the name on the register is not equal to the ownership of ownership...
How to effectively protect personal deposits before marriage in Ningbo
Xiao Li saved 300,000 yuan after five years of pre-marital work. After marriage, she continued to put it in her original bank card. Her salary was also credited to the same card. She used it for daily expenses and financial applications. After three years of divorce, the man claimed that the balance and value-added in the card belonged to the joint property of the husband and wife, but Xiaoli could not come up with a clear capital boundary. Such a scenario is very common in matrimonial and family cases-the pre-marital deposit itself is personal property, but once it is mixed, the difficulty of proof will increase significantly. Conclusion first: to protect personal deposits before marriage, nuclear...
Zhiheng Humanities | Zhiheng (Xi'an) Law Firm Annual Meeting Program is being solicited!
Zhiheng ********nual Meeting Program is being solicited... You are busy with your job on weekdays, what kind of versatile side do you have in your daily life? Is it a master of playing stalks who laughs out as soon as you make a move? Is it a master of rappers with no talent in freestyle? Or an instrumental performer with a talent for playing music! Talent pressure
Zhiheng News | Gathering in Hong Kong, Chasing Dreams Bay Area, Creating the Future Together - Zhiheng Lawyers' Hong Kong Visiting Tour was successfully held
In order to gain a deeper understanding of Hong Kong's legal environment and development, accelerate the construction of a foreign-related legal service network, and promote exchanges and cooperation in the field of legal profession between the mainland and Hong Kong. From January 7 to 8, 2024, more than 120 Zhiheng lawyers from all over the country gathered in Hong Kong and were divided into 6 teams for a two-day exchange and study. At Zhiheng Hong Kong, Executive Director of Qianhai (
Justice and Compromise in Criminal Defense
Author | Criminal Center, Lawyer Gan Dingzhong In recent years, there is a popular saying in the legal profession that "justice is never absent, it is only late". It is said that the original sentence comes from Justice Hewitt. I have not read the original book, but I also agree that from the perspective of human ideals and pursuits, this statement is reasonable. But the popularity of this statement, and the repeated mention or emphasis, actually shows the difficulties of achieving this goal, the twists and turns of the roadThe foundation of justice requires first finding out the truth and restoring the facts, which is sometimes difficult. Factual reconstruction and on-the-spot reproduction, although there are various modern means, sometimes encounter various restrictions and difficulties; secondly, there needs to be sound rules and systems to maintain balance, consistency, objective and fair evaluation standards; thirdly, there needs to be judicial staff who are familiar with the law to make effective, neutral and objective judgments. Lack and imperfection of any one
Shenzhen University Law School Party Secretary Ma Wenze, Professor Yin Yuhai and other leaders visited Zhiheng for a visit and exchange
In order to give full play to the advantages of the "law school + law firm" cooperation model of cultivating high-quality legal reserve talents and promote the construction of foreign-related legal talents, Zhiheng Law Firm and Shenzhen University Law School cooperated to carry out the foreign-related legal excellence talent incubation camp project. On the afternoon of January 10, 2024, Ma Wenze, Secretary of the Party Committee of Shenzhen University Law School, Yin Yuhai, Professor of Shenzhen University Law School, Long Jie, the representative of Shenzhen University's on-campus guidance group, and Wang Qichao, Assistant Professor of Shenzhen University Law School, visited Zhiheng and exchanged ideas, and issued medals to the lecturing lawyers. Zhang Shanhua, Director of the Management Committee of Zhiheng Headquarters, Li Huahong, Member of the Management Committee of Zhiheng, Ren Xue, Director of the Development Department of Zhiheng Branch and Executive Director of Zhiheng Longgang, Zhou Xiaojie, Senior Partner of Zhiheng Equity, Partner Li Fang, and Lawyer Xuan, Lawyer Chen Jiawei, and Lawyer Zhang Bowen warmly received and organized a discussion. Director of the Management Committee of Zhiheng Headquarters
The badminton friendly match jointly organized by the Youth Industry Committee of Zhiheng Law Firm and the Youth Development Committee of Taihetai (Shenzhen) Law Firm was successfully held
On the evening of January 9, 2024, the badminton friendly competition jointly organized by the Youth Work Committee of Zhiheng Law Firm and the Youth Development Committee of Taihe Tai (Shenzhen) Law Firm was successfully held at No. 1 Badminton Sports Center (Tengbang Hall). The event aims to promote exchanges and cooperation among lawyers through sports, and at the same time provide lawyers with opportunities to exercise and release work pressure. No matter the victory or loss of the competition, everyone always adheres to the principle of friendship first.Sweat on the court. The badminton on the court draws beautiful arcs in the air, as if it is also telling the youthful passion of the lawyers. Group photo of the friendly game of badminton This friendly game is not only a sports game, but also a friendly exchange between Zhiheng Law Firm and Taihe Tai (Shenzhen) Law Firm, which deepened the friendship between lawyers. Zhiheng will also hold more interesting exchange activities in the future to create an open, inclusive, healthy and friendly work
Guangdong Zhiheng Law Firm Statement
Recently, Guangdong Zhiheng Law Firm (hereinafter referred to as "Zhiheng" or "Zhiheng") and several Zhiheng branches have learned that there are social personnel or institutions who use the name of the firm, pretend to be Zhiheng lawyers or staff, and falsely claim to work in Zhiheng to obtain communication opportunities with peers. To this end, the firm makes the following statement: 1
Zhiheng National Foreign Legal Service Exchange Conference was successfully held
On January 6, 2024 at 10:00 am, Zhiheng National Exchange Conference on Foreign-related Legal Services was successfully held in Zhiheng Conference Room. The event brought together many elites from the legal community to jointly explore the cutting-edge dynamics and development trends of foreign-related legal services. At the beginning of the meeting, Director Zhang Shanhua, Director of Zhiheng Management Committee, delivered a keynote speech on the future prospects of foreign-related legal services, and deeply analyzed the current development status and policy direction of the industry. Director Zhang Shanhua pointed out that the foreign-related service market for lawyers has always been a blue ocean, and the demand for foreign-related legal services will continue to grow. Lawyer Hua Junli, as the host of this conference, pointed out that the purpose of holding this exchange meeting is to strengthen the cooperation of foreign-related legal business and improve the overall level of the legal profession. He emphasized the importance of foreign-related legal business in international trade, as well as the opportunities and challenges faced by lawyers in this field. Another highlight of the on-site meeting of the conference
Gathering in Hong Kong, Chasing the Dream Bay Area, Creating the Future Together - Zhiheng Lawyers' Hong Kong Visiting Tour was successfully held
In order to gain a deeper understanding of Hong Kong's legal environment and development, accelerate the construction of a foreign-related legal service network, and promote exchanges and cooperation between the mainland and Hong Kong legal professions. From January 7 to 8, 2024, more than 120 Zhiheng lawyers from all over the country gathered in Hong Kong for a two-day exchange and study in six teams. Under the leadership of Zhiheng Hong Kong, Qianhai Executive Director (to be stationed soon) Gu Xiaoqing, Zhiheng Hong Kong Branch Registered Lawyer (to be stationed soon) Luo Baiyun, etc., visited Chambers of Ronny Wong S.C., Zheng Huang Law Firm, Ke Wu Chen Law Firm, Court of Final Appeal, High Court and other places, and explored new opportunities and new prospects for cooperation between the mainland and Hong Kong legal service industries. Visited Zheng Huang Law Firm Zhiheng Hong Kong, Qianhai Executive Director (to be stationed soon) Gu Xiaoqing Zhiheng Hong Kong Branch Registered Lawyer (to be stationed soon)