Insights
Insights
How to Collect Evidence of Property Division for Divorce Prosecution in Ningbo
When preparing to sue for divorce, the most uncertain thing is often not "inseparable", but "how to divide the money and where the evidence comes from". First, give a conclusion: the division of divorce property is based on "who claims, who gives evidence". the court hears the part of the property claimed and given evidence by both parties, and will not take the initiative to find out all the family assets for the parties concerned-therefore, it is much more effective to list the joint property of husband and wife before filing a lawsuit, and to fix the ownership and present value evidence according to category than to find out at the same time...
What basic materials should be prepared for divorce prosecution in Ningbo
The materials to be submitted for divorce proceedings are roughly divided into four parts: basic materials to prove the existence of the subject of the proceedings and the marital relationship, evidence to prove that the relationship has indeed broken down, property evidence to prove the common property and debt status of the husband and wife, and materials on the identity of the children involved in the upbringing of the children. Whether the materials are complete or not directly determines whether the case can be successfully filed at one time. What needs to be reminded is that the basic evidence submitted at the filing stage is not all the evidence. The Civil Procedure Law allows for additional submissions within the time limit for proof, so there is no need for a...
What are the legal circumstances of divorce in Ningbo.
When many parties sued for divorce for the first time, the other party did not agree, and the court often ruled that divorce was not allowed-was the court partial to the other party? Direct to the conclusion: No. The only criterion for the court to decide the divorce is "the feelings have indeed broken down and mediation is invalid" as stipulated in Article 1079 of the Civil Code, and specifically lists five legal reasons for bigamy and cohabitation with others, domestic violence or abuse and abandonment, gambling and drug abuse, separation for two years due to emotional discord, and other situations leading to emotional breakdown. In addition, one...
After house prices fall, how should one party divide the property they bought before marriage and jointly repay after marriage in the event of divorce?
Author | Liu Kun Lawyer Although people have long expected the decline in the real estate market, the real drop seems to have happened overnight, and the recovery is far away. The so-called midlife crisis is nothing more than waking up in the morning, your cold is not yet cured, your child has a high fever, you have to queue up when you go to the hospital, you have to deduct your salary when you ask for leave, your wife/husband wants to divorce, and you leave. As a result, it is not property, but debt. Sickness comes like a mountain, and illness goes like a twitch. People are like this, and so is the industry. In the past few years, when I came to consult on divorce cases, I asked how to fight for real estate. After all, the price of real estate is bullish, and even if the market value deducts the remaining loan and gives half of the compensation, the party who gets the real estate will earn money by selling the real estate in the future. But in the second half of this year, the most common question from customers was, the house price has dropped so much, I don't want the house, how much should the other party compensate me? Some people even asked if the loan can be repaid by the other party.
Welcome the New Year with Heart · Enjoy Birthday · Welcome New Year's Day - Winter Welcome Party and Zhiheng Family Birthday Party were successfully held
On the afternoon of December 26, 2023, the "Welcome with Heart, Enjoy Birthday, Welcome New Year's Day - Winter Welcome Party and Zhiheng Family Birthday Party" organized by Zhiheng Law Firm was successfully held in the Zhiheng Conference Room. Zhang Shanhua, Director of the Management Committee of Zhiheng Law Firm, attended the event. Recently hired colleagues and birthdays in November and December attended the event. At the beginning of the event, Director Zhang Shanhua, Director of the Management Committee of Zhiheng Law Firm, made an opening speech. He was very happy to see all the new lawyers and birthday stars gathered together. The magnificent 2023 is coming to an end, and Zhiheng has achieved gratifying development results. Director Zhang Shanhua introduced Zhiheng's development process and strategic layout to everyone. He said that in 2024, Zhiheng will continue to promote branding and professional construction, rooted in the Bay Area, deeply cultivated in the country, and globally. I hope all lawyers will make full use of Zhiheng
If one party in Ningbo cannot have children or does not want to have children, will the court order a divorce?
Can the other party sue for divorce on the ground that one party is unable to have children or insists on not having children? Conclusion First of all, the inability to have children is not a legally specified cause of divorce, but what the court really examines is whether the relationship between the two parties has indeed broken down and whether the mediation is invalid. If it is only a simple birth difference and the marriage is still possible, the first prosecution usually does not give a divorce. If the long-term conflict over fertility leads to a complete breakdown of the relationship, the court may decide to divorce. It is important to understand this: legal protection...
Freedom and security are both necessary! Reflections on the personal and property arrangements of unmarried women living alone triggered by the most beautiful "Zhiruo" Zhou Haimei
On December 12, the official Weibo of Zhou Haimei Studio released: "Sister Haimei left us on December 11, 2023 due to ineffective medical treatment." "The most beautiful Zhou Zhiruo to the" most "beauty extinction teacher too" beauty white head is a pity for the world. Hong Kong actress Zhou Haimei once played the most beautiful Zhou Zhiruo in the 94 version of "Yitian Dragon Slayer", and more than 20 years later in the 18-year version of "Yitian Dragon Slayer". Once the stills were leaked, they were forwarded by countless netizens, and they left messages about the most beautiful Zhou Zhiruo. Maybe everyone has their own "most beautiful Zhou Zhiruo" in their hearts, but for Zhou Haimei, Zhou Zhiruo is undoubtedly one of the classic roles she plays. Gentle appearance and rebellious soul Zhou Haimei was born in Hong Kong, originally from Guangzhou, and her ancestors were Manchu banners. In 1985, she signed up for the Miss Hong Kong beauty pageant
The first phase of the Big Coffee Face-to-Face Luncheon Series "Growth, Maturity, Achievement - Secrets for the Development of Young Lawyers" was successfully held
On the afternoon of December 22, 2023, the first phase of the big coffee face-to-face luncheon series "Growth, Maturity, Achievement - The Secret to the Development of Young Lawyers" hosted by Zhiheng Law Firm and co-organized by Zhiheng Youth Industry Committee was successfully held in the Zhiheng Conference Room. This luncheon was specially invited to Zhang Shanhua, Director of Zhiheng Management Committee, and Zhang Zhengqian, Dean of Zhiheng College and Deputy Director of Management Committee, had lunch with the lawyers present to discuss and exchange. Ren Xue, Director of Development Department of Zhiheng Branch and Executive Director of Zhiheng Longgang, attended the event. The event was chaired by lawyer Lu Rui. Director Zhang Shanhua, Director of Zhiheng Management Committee, Director Zhang Shanhua, said that this luncheon is very meaningful. I hope that young lawyers from Zhiheng can actively participate in similar activities, actively show themselves, tell their true feelings, relax through in-depth exchanges, and find ways to break the dilemma together. Zhiheng will also do its best to help you and guide young lawyers to grow and break through. Zhiheng College
Is the Ningbo form of marriage agreement valid? What to do if you find out that the other party is gay.
Some homosexuals choose to marry the opposite sex due to social pressure, sign a "non-interference" agreement after marriage, or one party discovers that the other party is gay after marriage. This type of marriage involves complex legal issues that need to be handled rationally. First give the conclusion: the agreement on personal freedom in formal marriage is invalid, the property agreement may be valid without violating public order and good customs...
How do stay-at-home mothers fight for custody of their children during divorce in Ningbo
Because of taking care of their children at home for a long time, stay-at-home mothers are often most worried about the custody issue when they divorce: will they lose their children without independent income? The answer is no, but they need to prepare evidence strategically. One sentence conclusion: The core of the ownership of custody is the principle of "most beneficial to minor children"-children under two years of age are directly raised by their mothers as the principle...
Lawyer Zhiheng participated in the Guangdong Province Foreign Lawyers Talent Seminar and successfully completed and was awarded an outstanding student
Recently, sponsored by the Guangdong Provincial Department of Justice and the Guangdong Provincial Bar Association, and undertaken by Zhejiang University, the completion ceremony of the Guangdong Provincial Foreign-related Lawyers Talent Seminar was successfully held. Yang Xiaoming, partner of Zhiheng Law Firm, and Deng Nuokun, lawyer of Zhiheng (Dongguan) Law Firm, participated in the basic training class of foreign-related young lawyers in Guangdong Province, and participated in the Moot Arbitration Tribunal as a representative and the symposium with Deputy Director Lin Chuming of the Guangdong Provincial Department of Justice. They successfully obtained the completion certificate and were evaluated as outstanding students. The training lasted for 9 days, invited senior scholars, practical experts, etc., and specifically opened "The core tenets and practical context of *** rule of law thought" "Understanding and promoting the construction of foreign-related rule of law from a strategic perspective" "The macro picture and development path of foreign-related rule of law construction" "Interpretation of key provisions of cross-border merger and acquisition agreements" "Guangdong-Hong Kong-Macao Greater Bay Area Cross-border civil and commercial affairs" "Cross-border e-commerce ** practice" International trade and
A delegation from the Guangdong Foreign Lawyers Talent Training Class visited Zhiheng Law Firm for a visit and exchange
On the afternoon of December 20, 2023, a delegation from the Guangdong Province Foreign Lawyers Talent Training Class visited Zhiheng Law Firm for a visit and exchange. Yang Xiaoming, partner of Zhiheng Law Firm, Wang Qihao, and Deng Nuokun, Zhiheng (Dongguan) Law Firm, warmly received and organized an exchange and integration meeting. Discussion and exchange The integration exchange meeting of Deng Nuokun, Zhiheng (Dongguan) Law Firm, was hosted by Mr. Deng Nuokun. Lawyer Deng Nuokun introduced the main purpose of this integration meeting, which is to promote the exchange and interaction between the members of the seminar and young lawyers in Shenzhen, learn together, cooperate and win-win, and work together to continuously improve the level of foreign-related legal services around the goal of "helping the construction of foreign-related legal systems". Lawyer Yang Xiaoming, partner of Zhiheng Law Firm, said that you are welcome to visit Zhiheng and hope to learn more valuable experience in foreign-related legal services in today's integration meeting. Looking forward to the future
Telecom fraud insurance - denial?
Author | Guo Xiangfeng Lawyer Intermediate People's Court: If the insurer is exempted from the obligation and the policyholder's liability is increased, and the exemption clause is invalid, and the insurer has no right to refuse compensation! Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Insurance Law of the People's Republic of China (2) and Paragraph 2 of Article 17 of the Insurance Law of the People's Republic of China stipulate that the exemption clause exempting the insurer from the obligations that the insurer should undertake according to law and aggravating the liability of the policyholder and the insured, and the insurance company fails to submit valid evidence to prove that the insurer has fulfilled the obligation to inform the policyholder of the exemption matters, the exemption clause shall not have effect. Recently, the author received a property insurance contract dispute caused by the refusal to pay for insurance against telecommunications fraud: based on the consideration that it is impossible to prevent telephone fraud in recent years, the policyholder purchased the bank card security insurance of an insurance company through the mobile phone Alipay platform (electronic fraud version).
How to remedy one's own rights and interests when "shareholder status" falls from the sky?
Author | Jia Xiaoya Lawyer Mr. Zhang recently received a subpoena, inexplicably sued for supplementary liability for a company's debts. At this time, Mr. Zhang knew that as early as 2014, he was falsely registered as a shareholder of this company, and now he is being sued by creditors because the company is insolvent. The identity of the shareholder that fell from the sky makes Mr. Zhang worried about whether the company will have other unpredictable debts. In such cases, the court will generally apply the principle of commercial appearance doctrine to judge the shareholder's liability, because the administrative department for industry and commerce is the registration authority for the establishment and change of the company, and the company information registered by it has public credibility. If the evidence submitted by the parties is insufficient to deny that the industrial and commercial registration is a shareholder of the company, and whether it is an imposter registration without administrative confirmation, the imposter shareholder can only be resolved through other legal procedures. 1.
How to determine the effectiveness of betting against shareholders or actual controllers
Author | Intellectual Property Center, Wang Qionghua Lawyer "Gambling Agreement", also known as valuation adjustment agreement, refers to an agreement between the investor and the financier to adjust the valuation of the future target company in order to solve the uncertainty of the future development of the target company, information asymmetry and agency costs between the two parties to the transaction [1]. It is more common in Private Equity, venture capital, and major asset restructuring of listed companies and overseas mergers and acquisitions transactions. From the perspective of the subject of entering into a "betting agreement", there are forms of "betting" between the investor and the shareholders or actual controllers of the target company, "betting" between the investor and the target company, "betting" between the investor and the shareholders of the target company, and "betting" of the target company. How should the investor and the shareholders or actual controllers of the target company be determined to "bet"? Let's take a look at the following cases.1.
Warm congratulations to Zhiheng (Wuhan) Law Firm for being approved for establishment!
On December 13, 2023, Zhiheng (Wuhan) Law Firm was officially established with the approval of the Department of Justice of Hubei Province. Zhiheng (Wuhan) Law Firm is located on the 21st floor of Shangri-La Center, No. 700 Jianshe Avenue, Jiang'an District, Wuhan City, Hubei Province. It sits on an international business district and has convenient transportation. The establishment of Zhiheng (Wuhan) Law Firm further improves Zhiheng's national layout. It is a key step in Zhiheng's development strategy of "rooted in the Bay Area, deeply cultivating the whole country, and laying out the world." It is the 13th law firm established by Zhiheng. As one of the megacities, Wuhan is a central city in central China as determined by the State Council's approval. It is an important industrial base, science and education base and comprehensive transportation hub in the country. It is a core city in the Yangtze River Economic Belt, a strategic fulcrum for the rise of the central region, and a comprehensive innovation and reform pilot area. In the future, Zhiheng (Wuhan) Law Firm will give full play to its strategic role and innovation in the central region
How to divorce during pregnancy in Ningbo
It is not impossible to divorce during pregnancy, and the law restricts a particular subject to file for divorce during a particular period. Article 1082 of the Civil Code stipulates that the man shall not file for divorce during pregnancy, within one year after childbirth, or within six months after termination of pregnancy; however, the woman files for divorce or the people's court deems it necessary to accept the man's divorce request, except in this case. In other words, the woman's initiative is not restricted, and the man has to wait in principle, unless there are special circumstances recognized by the court. This…
The lecture on "Marriage and Family Affairs and Wealth Inheritance Lawyers' Practice Theme Sharing" was successfully held
On the afternoon of December 14, 2023, the lecture "Sharing of the Practice Theme of Marriage and Family Affairs and Wealth Inheritance Lawyers" organized by Zhiheng Law Firm and co-organized by Zhiheng Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center (hereinafter referred to as "Zhiheng Marriage and Wealth Inheritance Center") was successfully held in the Zhiheng Conference Room. This lecture specially invited Ye Lizhen, deputy director of the Minor Protection Professional Committee of Fujian Lawyers Association, member of the Marriage, Family and Wealth Inheritance Professional Committee of Xiamen Lawyers Association, and Li Wei, director of the Marriage and Family Law Professional Committee of Shenzhen Lawyers Association, to the scene. Liu Hong, deputy director of Zhiheng Management Committee, and Liu Yanhua, director of Zhiheng Marriage and Financial Transmission Center, attended the lecture. The lecture was presided over by Wang Hongting, secretary general of the Marriage and Family Affairs Department of Zhiheng Marriage and Financial Transmission Center. Leader's Speech Liu Hong, deputy director of Zhiheng Management Committee, Director Liu Hong, said that Director Ye Lijian and Director Li Wei, who have come from afar, are welcome to visit Zhiheng. As the saying goes,
The first Zhiheng Egg Contest ended successfully
In order to further enrich Zhiheng's cultural and sports activities and enhance communication, on the afternoon of December 14, 2023, the first Zhiheng Egg Contest organized by Zhiheng Law Firm ended successfully in Conference Room 3. The live game of the competition is a chess and card activity officially recognized by the General Administration of Sport of China Chess and Card Sports Management Center. It is a fun activity to entertain the body and mind, and it is also a competitive competition to condense wisdom. In order to enhance the fun and experience, the competition adopts a group battle mode. Each group plays against each other for one hour, and is eliminated in games, and finally competes for the position of "Bang Army". Award Ceremony Champions: Liu Hong, Deputy Director of Zhiheng Management Committee, Liu Hong, Deputy Director of Management Committee, Li Huahong, Member of Management Committee, Hua Junli, Senior Partner of Equity, Wan Cheng, Member of Management Committee, CFO Liu Jing, Member of Management Committee Li Huahong, Member of Management Committee Hua Junli, Lawyer He Min, Lawyer Zhang Shuxian, Awarded the Third Trophy After a fierce competition,
The second-instance case of trade secret infringement represented by lawyer Zhiheng was successfully reversed in the Supreme People's Court and achieved a comprehensive victory
Recently, the Supreme People's Court won the final judgment in the case of Dongguan Company A v. Shenzhen Company B and Liu, represented by lawyer Li Weixiang and lawyer Zhou Xiaojie of Zhiheng Law Firm. The case is a difficult and complex case involving technical secret infringement, involving disputes in judicial practice such as "whether non-public knowledge elements are established" in trade secret cases, "how to evaluate the relationship between secrecy and patent novelty", and "how to correctly understand and apply Article 32 of the Anti-Law". After careful and rigorous case analysis and argumentation by lawyer Zhiheng, the Supreme Court finally adopted our representative opinion, and finally determined that the other party constituted trade secret infringement, and bore the legal consequences of stopping the infringement and compensating for losses. It revoked the first-instance judgment and revised our victory, becoming one of the few typical cases of trade secrets directly withdrawn by the Supreme Court. Zhiheng lawyer is assisting clients and competitors in litigation
Criteria and Proof of Affection Break of Couples in Ningbo
If one party insists on divorce and the other does not agree, why does the court decide to divorce? There is only one criterion-the relationship between husband and wife has indeed broken down and the mediation is invalid. This article makes clear the legal circumstances of emotional breakdown, the main points of proof and common misunderstandings. The conclusion first says: Article 1079 of the Civil Code is the main switch for divorce. The cases listed in the Civil Code, such as bigamy and cohabitation, domestic violence and abuse, gambling and drug abuse, separation for two years, and declaration of disappearance, correspond to different evidence methods respectively. Another neglected...
Ningbo divorce found that the child is not biological, can you claim compensation and refund of alimony?
One of the hardest blows of marriage is the discovery that the children you have been raising for years are not your own. The deceived party not only suffers emotional damage, but also faces real property losses such as alimony and gifts. The law provides a clear remedy for this. One sentence conclusion: When the child is found to be non-biological at the time of divorce, the deceived party can claim compensation for mental damage, and can ask the woman (the other party) to return the maintenance paid during the marriage relationship...
When Ningbo divorced, there were two children. How would the court give custody?
When a family with two children divorces, the distribution of custody is the most concerned issue for both parties. Is it necessary for the court to have one person? Can two children with a large age gap be returned to the same party? One sentence conclusion: when there is a divorce, the court does not necessarily decide one person to have custody of two children, but according to the principle of "most beneficial to minor children", taking into account the child's age, parental support conditions, child wishes, brother and sister feelings and other factors flexible judgment, two children are returned to the same party is also a common situation...
Attorney Practice of Adding Defective Investment Shareholder as the Executor on behalf of Creditor
Author | Lawyer Liu Kun Abstract The 2013 "Company Law" was amended to change the paid-in system of registered capital into a subscription system, and the restriction on the proportion of monetary contributions in the registered capital was abolished. Although the subscription system reform has reduced the cost of founding a company and stimulated market vitality, it has also brought about problems of shareholders maliciously evading their investment obligations, such as setting a decades-long investment period, maliciously extending the investment period, and deliberately transferring the equity of the unexpired investment period to a transferee who does not have the ability to contribute capital... These problems have led to the emptying of the company's capital. Although the creditor has won the judgment in favor of the lawsuit, the company has no property to enforce, and can only hope that the shareholders of the company will bear the supplementary compensation liability. At this time, the creditor is faced with three options: execution objection (lawsuit), another lawsuit against the shareholder to damage the interests of the creditor, and execution to bankruptcy. The three options have their own advantages and disadvantages, and the creditor should choose the most suitable one according to his own situation
Ningbo Both Sides Agree Will the Divorce Court Sentence
Recently, a woman came to consult. She and her husband had already negotiated the terms of divorce. Both parties agreed to end the marriage. They thought that the court would decide the divorce naturally. However, to her surprise, the judge did not directly judge the divorce in the trial, but repeatedly asked both parties about the arrangements for child support. This made her very confused: Both parties have agreed to divorce, is there any reason for the court not to sentence? The 1. legal basis of Article 1079, paragraph 3, of the the People's Republic of China Civil Code stipulates: "There are...
Can Ningbo's fault party sue for divorce counterclaim?
A client came to consult that her husband was the wrong party in the marriage. He not only cheated, but also took the initiative to sue the court for divorce. She felt very angry and wanted to make a counterclaim to make the other party "pay the price". But what she is not sure about is: in a divorce case, can the defendant file a counterclaim? If not, how can he effectively protect his or her rights and interests? 1. legal basis for Article 1079 of the the People's Republic of China Civil Code: if one of the spouses requests a divorce, the relevant organization may mediate or directly...
Does Ningbo Need to be separated after divorce
A party asked the author: She has filed a lawsuit for divorce in the court, but due to economic conditions and housing problems, she still lives under the same roof with her husband for the time being. She is worried: will the court feel that the relationship has not broken down, so it will not judge the divorce? Is it necessary to move out and separate in order to increase the probability of divorce? Make the conclusion clear first: separation is an important evidence of emotional breakdown, but not a necessary condition for divorce; whether to sue for separation after divorce does not determine the court "...
Husband and wife companies may be jointly and severally liable for company debts, and how to avoid them?
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 defaulting on 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 operated by Mr. Hu has shareholders of Mr. Hu and his wife. 1. What is a husband and wife company? In short, it is a company established during the existence of the husband and wife relationship, and the shareholders are only husband and wife. Formally speaking, the husband and wife file company is not a one-person company, and of course legal responsibilities such as personality confusion do not apply. But why is it that in the event of a dispute, the court will often find that the husband and wife are required to bear joint and several liability for the company's debts? The court's judgment rules generally have two situations. 2. Court judgment rules (1) are mostly due to the particularity of shareholder identity and company financial
Ningbo Divorce Court Beware of Self-admission Rules
One client regretted it after the divorce trial. At the hearing, the judge asked her, "Who made the down payment for the property you bought after your marriage?" She answered casually, "The down payment was given by his parents". She didn't realize that this sentence directly exempted her husband from the burden of proof about "whether the parents' contribution is a gift". In the end, the court found that the property was the joint property of the husband and wife, and she suffered a big loss in the division. First to the conclusion: in court, the parties to the facts against their own recognition, will directly exempt...
How to write the grounds for divorce on Ningbo's complaint
When a divorce lawsuit is filed, how to write the "facts and reasons" part of the complaint is directly related to whether the case can be established and judged. A common misconception is to compress the grounds for divorce into a single accusation, such as "the other party cheated", "the other party's domestic violence" or "the other party's physical problems make it impossible to live together". This kind of writing is extremely dangerous-if the extramarital affair is verified to exist, the court's basis for finding that the relationship is broken has failed. If the other party takes out a health report to overturn the claim, the grounds for prosecution will collapse directly...
Ningbo negotiation is the only way for a quick divorce
A Ningbo client told me that she and her husband had been in a relationship for three years, but they could not reach an agreement on the division of property. The lawsuit dragged on for more than a year and was exhausted physically and mentally. She asked me: is there any way to make the divorce faster? Conclusion first: whether it is a divorce by agreement or a divorce by litigation, negotiation is an unavoidable link-the premise of a divorce by agreement is that both parties agree on all matters, and in a divorce by litigation, the judge should also organize mediation first; the level of negotiation often directly determines the speed and outcome of the divorce...
How long does it take for Ningbo to sue for divorce?
After submitting the divorce prosecution materials, a party asked: the court said that mediation should be carried out first, when can the case be filed? How long will the whole lawsuit drag on? For the parties who are eager to end the marriage, the time cost is often the most difficult part to bear. First of all, the conclusion is that from filing a case for divorce to the first instance judgment, the summary procedure is generally concluded within three months and the ordinary procedure is concluded within six months. However, pre-litigation mediation, announcement service, evaluation and appraisal are not included in the trial limit, and the actual time is usually longer. If the first prosecution is not sentenced...
From then on, Yiming has met each other in Qingyunduan, and the year-end professional speech of the 2023 Shareholder Litigation Research Association has been a complete success!
On December 9, 2023, the 7th year-end professional summary speech of the Shareholder Litigation Research Association was held at Zhiheng Law Firm. Lawyer Zhang Shanhua, Deputy Secretary of the Party Committee of Shenzhen Law Association and Director of the Management Committee of Zhiheng Law Firm, lawyer Yu Yongbo, founder and president of the Shareholder Litigation Research Association, and more than 100 lawyer colleagues attended the year-end speech. The meeting was chaired by lawyer Lin Caiying, secretary general of the Shareholder Litigation Research Association. The rope is sawed, the water drops the stone, the 2023 Shareholder Litigation Research Association, 14 members, 31 weeks, 3,500 cases, under the leadership and guidance of lawyer Yu Yongbo, the chairperson, through weekly company law case studies, all cases of company law are analyzed, studied and discussed, laying a solid foundation for the specialization of each member. Speech Deputy Secretary of the Party Committee of Shenzhen Lawyers Industry and Director of the Management Committee of Zhiheng Law Firm Zhang Shanhua Lawyer Deputy Secretary of the Party Committee of Shenzhen Lawyers Industry
Can Ningbo's fault party sue for divorce?
A man comes in for advice. He wants to end the relationship and start over because his marriage has broken down due to infidelity. But he was worried: if he was the fault party, would the court not accept my lawsuit because of my fault? Or even if it was accepted, it would not allow divorce because of my fault? This kind of worry represented the common confusion of many fault parties. The 1. law is based on Article 1079 of the the People's Republic of China Civil Code: If one of the spouses requests divorce, the relevant organization may mediate or directly...
Ningbo sued several times before the court ruled for divorce.
"Do you have to sue twice for a divorce?" is the most common question in divorce counseling. Many parties heard that "the second lawsuit will be divorced by the divorce court", so they waited for the second lawsuit with great expectation. However, it is not uncommon for the second to be rejected after the first rejection. Conclusion: The law does not stipulate that "divorce must be ordered several times", and the only criterion for divorce is that "feelings have indeed broken down...
Can Ningbo's sexual marriage sue for divorce?
One woman couldn't hide her pain in counseling. She and her husband were married for five years, but they never had a normal couple life after marriage. She repeatedly failed to communicate, the other party always evaded the problem. She wants a divorce, but is worried that the court will not support her claim as "it's not a big deal. Does asexal marriage legally constitute a ground for divorce? What will the court do? 1. Legal Basis: Article 1079 of the the People's Republic of China Civil Code: If one of the spouses requests a divorce, it may be carried out by the relevant organization...
The contract stipulates that "signature and seal take effect" or "signature and seal take effect". Do you need to sign and seal to take effect?
Author | Hongyan Lawyer Team, Lawyer Min Na In the signing of a written contract, in order to confirm the meaning of both parties and the validity of the contract, it will generally take effect after the final agreement of the contract needs to be signed and sealed by both parties. Common examples are "This contract shall take effect after both parties sign and seal", "This contract shall take effect after both parties sign or seal". From a literal semantic point of view, the former means that "signature" and "seal" are juxtaposed relationships, and the two elements are met to be the conditions for the entry into force of the contract, while the latter means that "signature" and "seal" are optional relationships. When the contract is signed, you can choose one of the two, and generally there will be no ambiguity or dispute about understanding. However, in practice, expressions such as "this contract shall enter into force after both parties sign and seal" and "this contract shall enter into force after both parties sign and seal" are often seen. What should be understood under these two expressions? Do you need to sign and seal to determine that the contract is effective, or sign or
Ningbo first sued the judge to persuade the withdrawal of the case how to do.
When a party filed a divorce lawsuit for the first time, the other party firmly disagreed with the divorce. The judge advised her to withdraw the lawsuit in court, saying, "You still have the possibility of mediation and reconciliation. You can sue again six months after the withdrawal". She was stunned for a moment and muddleheaded to sign the withdrawal record. Later, she learned that it would take six months for the second prosecution after the withdrawal of the lawsuit. If the judgment such as withdrawal is not made, even if the judgment is not made, the court should be sentenced to leave after one year of separation. In the face of the judge's "good faith" to withdraw, how should the parties respond...
Process, Material and Time of Divorce by Agreement in Ningbo
A couple to consult: both parties have reached a consensus and decided to divorce by agreement. They thought they could get the license on the spot by signing the agreement and going to the Civil Affairs Bureau. As a result, they were told by the staff that they needed to go through a 30-day cooling-off period for divorce and had to be present twice. Many people have misunderstandings about the process, materials and time of divorce by agreement, and it is easy to make several trips in vain if they are not prepared. The conclusion first says: divorce by agreement must be applied to the marriage registration authority jointly by both parties. after a 30-day cooling-off period, it will be 30 days from the date of expiration of the cooling-off period...
What is the use of jurisdictional objections in the Ningbo divorce case?
Some parties have heard that they can apply for jurisdiction objection in divorce cases, which can not only strive to respond to the lawsuit in their own convenient court, but also affect the pace of litigation to a certain extent. So, what is the role of jurisdiction objection in divorce cases? What legal risks should be paid attention to when applying? 1. legal basis Article 130 of the the People's Republic of China Civil Procedure Law: After the people's court accepts the case, if the parties have objections to jurisdiction, they should raise them during the submission of the defense. The People's Court...
The keynote lecture on "Global Regulatory Dynamics of Digital Assets" was successfully held
On the afternoon of December 7, 2023, the keynote lecture "Global Regulatory Dynamics of Digital Assets" hosted by Zhiheng Law Firm and co-organized by Zhiheng Intellectual Property Center was successfully held in Zhiheng Conference Room. The lecture was specially invited to be the keynote speaker by Lu Jiayi, a lawyer of Zhiheng (Qianhai) Law Firm and a member of the Trade Secret Legal Committee of the Intellectual Property Center. Lawyer Lu Jiayi, a lawyer from Zhiheng Qianhai and a member of the Legal Committee for Trade Secrets of the Intellectual Property Center, briefly outlined the definition, development and value of digital assets. Lawyer Lu pointed out that digital assets are an asset created and maintained based on blockchain technology, with attributes such as decentralization and immutability. It has entered a new era of compliance and large-scale development. Major countries and regions around the world, including the United States, the European Union, Singapore, etc., have an overall trend towards compliance and large-scale supervision. Lawyer Lu mentioned that the regulatory attitude and trend in the Chinese mainland
"If your spouse is arrested, what should you do with your property?"
On the afternoon of December 7, 2023, organized by Zhiheng Law Firm and jointly organized by Zhiheng Criminal Center and Zhiheng Marriage Family and Wealth Inheritance Legal Affairs Center, the special seminar "Spouse Arrested, What Should I Do About Property?" was successfully held in Zhiheng Conference Room No. 3. Liu Yanhua, Director of Zhiheng Marriage Family and Wealth Inheritance Center, shared the theme, and Zhang Nannan, Director of Zhiheng Criminal Center, attended. Zhang Xiulan, Director of Criminal Procedure Legal Affairs Department of Zhiheng Criminal Center, presided over the seminar. Theme Sharing Liu Yanhua, Director of Zhiheng Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center, Director Liu Yanhua, starting from his many years of practical experience in handling marriage and family affairs and wealth inheritance related cases, through sharing specific cases and personal practices, summed up how to deal with common concerns such as husband and wife's common property and where the border is when the spouse is arrested, etc., providing practical and in-depth answers. Master of Zhiheng Criminal Center
Wang Wei, senior partner of Beijing Yingke (Shanghai) Law Firm, and his party visited Zhiheng for a visit and exchange
On the afternoon of December 7, 2023, Wang Wei, senior partner of Beijing Yingke (Shanghai) Law Firm (hereinafter referred to as "Yingke Shanghai") and director of Yingke Shanghai Intellectual Property Legal Affairs Department, visited Zhiheng Law Firm for a visit and exchange. Zhang Shanhua, director of Zhiheng Management Committee, Liu Hong, deputy director of Zhiheng Management Committee, Chai Yongxia, deputy director and executive director of Zhiheng Management Committee, Zhang Nan Nan, member of Zhiheng Management Committee, Ren Xue, director of the development department of Zhiheng Branch and executive director of Longgang, and Jin Dan, executive director of Zhiheng Shanghai, were warmly received and organized discussions and exchanges. Zhang Shanhua, Director of Zhiheng Management Committee, extended a warm welcome to Director Wang Wei's visit and said that win-win cooperation will be the future trend of the legal profession and a necessary condition for achieving high-quality development in the new era. Wang Wei, a senior partner of PCG Shanghai and director of PCG Shanghai Intellectual Property Legal Affairs Department, said that he knew
Prosecution and Defense - A Practical Guide to Criminal Protection and Prosecution of Copyright
Author | Intellectual Property Center, Lawyer Wang Qionghua Introduction The criminal protection of copyright in international treaties has undergone a journey from scratch, from simplicity to complexity. For example, as the earliest, most important and most influential multilateral treaty in the field of international copyright law, the Berne Convention for the Protection of Literary and Artistic Works (hereinafter referred to as the "Berne Convention") does not directly stipulate the criminal liability clause for copyright infringement; the subsequent Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as "TRIPS") specifically set up criminal procedures; the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which came into force on December 30, 2018 In (CPTPP), the provisions on criminal responsibility for copyright-related crimes have higher standards, more comprehensive content, and stronger protection than TRIPS and other agreements. In short, it has become an inevitable trend for the international community to use criminal means to protect copyright. Real
Exquisite professional knowledge, high moral quality - Zhiheng Zhang Nannan criminal defense lawyer team was given a banner of thanks
On December 6, 2023, the client sent a banner of "superb professional knowledge and high moral character" to Zhang Nan Nan's criminal defense team to express his gratitude. The client was detained in December 2021 on suspicion of manipulating the securities market and transferred to the court for prosecution in December 2022. After accepting the commission, Zhang Nan Nan's lawyer team studied the papers, submitted written defense opinions, and communicated with the case handling authority many times. Finally, with unremitting efforts, the client was released on bail in August 2023, and he was able to reunite with his family after being detained for nearly two years. Although the pennant is small, it contains the heavy gratitude of the parties and their companies to the lawyers. Zhang Nannan's criminal lawyer team focuses on the field of criminal defense, providing professional full-process services for the parties involved in suspected criminal cases, and safeguarding the basic human rights of each party. In the future, lawyer Zhiheng will live up to the client's trust and deepen his criminal profession
What is the jurisdiction court for Ningbo to sue for divorce?
When many parties come to consult about divorce, the first question is "which court should I go to?" Some people think that they must go to the other party's hometown, while others think that they can file a case in any court where they live, but the materials are returned, which is a waste of time. The jurisdiction of the court of divorce proceedings has clearly stipulated that the wrong court will directly affect the efficiency of filing a case and the follow-up procedure. The 1. legal basis is article 22 of the the People's Republic of China civil procedure law: the defendant shall...
Legal issues regarding requests for the return of the bride price without a registered marriage but living together
Author | Wang Hongting Lawyer The author has previously discussed the legal provisions under what circumstances can request the return of the bride price to the other party. Today, in combination with the case, I will share in depth the legal issues regarding the return of the bride price in the case of unregistered marriage but living together or even having children out of wedlock. 1. Case Introduction 1In August 2012, an 18-year-old woman Wang met a 19-year-old man Zhang. The two began to date and fall in love. During this period, Zhang paid Wang a bride price of 49,600 yuan. After more than two years of dating, in December 2014, the two held a wedding in accordance with rural customs and began to live together, but they have not yet registered for marriage. After the two lived together for a year, their daughter was born out of wedlock. After the birth of the daughter, Zhang went out to work. However, as time went by, the two separated from the two places lacked emotional communication, and their feelings fissioned. The two blamed each other and quarreled endlessly. Original
"Life Events in the Civil Code" Public Welfare Law Publicity Lecture Successfully Held
On December 1, 2023, the Party Branch of Guangdong Zhiheng Law Firm and the Public Welfare Committee of Zhiheng Law Firm joined the Liantang Community Party Committee of Liantang Street to hold a public welfare and legal publicity lecture entitled "Life Events in the Civil Code", which attracted many residents of Liantang jurisdiction to listen. At the beginning of the event, Li Huahong, director of Zhiheng Party Branch Publicity and Discipline Inspection, Zhiheng Public Welfare Committee, and director of Zhiheng Public Welfare Committee, gave a brief introduction to the significance of the event, explaining that Zhiheng has always adhered to the principle of "political leadership, party building first" under the guidance of "party building belt, party building promotes development", strengthened responsibility, had the courage to take responsibility, guided and inspired the lawyers of the firm to take up the responsibility and mission of lawyers as socialist rule of law workers with Chinese characteristics, and focused on the public welfare activities carried out by Zhiheng Public Welfare Committee. Director Li Huahong emphasized that public welfare and law enforcement
The inaugural meeting of the legal affairs center of Zhiheng Company was successfully held
On the afternoon of December 4, 2023, the inaugural meeting of the Legal Affairs Center of Zhiheng Law Firm was grandly held in the Zhiheng Conference Room. Zhang Shanhua, Director of Zhiheng Management Committee, Li Weixiang, Director of Zhiheng Supervisory Board, Zhang Zhenggan, Deputy Director of Zhiheng Management Committee and Dean of Zhiheng College, Liu Hong, Deputy Director of Zhiheng Management Committee, Chai Yongxia, Deputy Director and Executive Director of Zhiheng Management Committee, and Li Huahong, Member of Zhiheng Management Committee, attended the meeting. Li Junqiang, Director of Shenzhen Bar Association, Director of Business Innovation and Development Committee, and Director of Zhiheng Longgang Management Committee, delivered a congratulatory speech at the meeting. The meeting also invited lawyer Zheng Xuhua, director of the Company Law Professional Committee of Shenzhen Bar Association and partner of Beijing Tongda (Shenzhen) Law Firm, and lawyer Yu Yongbo, president of the Shareholder Litigation Research Association and senior partner of Zhiheng Equity, to give lectures on corporate litigation for the participating lawyers. The conference was chaired by Party Affairs Administration Huang Yanjin. Leader's Speech Director of Zhiheng Management Committee
Zhiheng Law Firm was successfully selected into the Law News Agency's "Brand Guide for Boutique Labor Legal Services (2023) "
On December 3, 2023, the first Legal Service Brand Festival of "Harmonious Labor Relations, Beautiful People and Ecology" kicked off at the Public Legal Service Center of the G60 Science and Technology Innovation Corridor in the Yangtze River Delta. More than 100 industry experts and professional leaders from the theoretical, practical, labor legal services, business, and media circles gathered together to discuss the innovation and brand development of labor legal services. Jin Dan, Executive Director of Zhiheng (Shanghai) Law Firm, represented Zhiheng at this event. The award site (left 5: Zhiheng Shanghai Executive Director Jin Dan) on the day of the event released the Law News Agency's "Brand Guide for Boutique Labor Legal Services (2023) ", which integrates multi-dimensional information such as expert review, peer evaluation, and customer evaluation. According to professional services and brand performance, Zhiheng Law Firm was selected for the "Brand Guide for Boutique Labor Legal Services" with its excellent professional ability in the field of labor law and good customer reputation.