All posts by legal

In a loan contract, if the borrower stats his real estate and a car to prove that he has solvency, but in fact he has neither. The lender could not recover the debt by civil litigation. Can the lender claim for the criminal liability for the crime of contract fraud? The answer to this question is the difference between contract fraud and the crime of contract fraud. The mainstream view holds that whether the party has the purpose of illegal possession is the key to distinguishing between contract fraud and the crime of contract fraud. In practice, to determine this…

Mr. Ho was dispatched by the company to work in Africa, where he accidentally fell from an operating platform and suffered a fracture. After receiving treatment at a local hospital in Africa for 22 days, Ho returned to China and was transferred to a local hospital for continued treatment. After discharge, Ho applied for the determination of the work-related injury. The company had purchased work-related injury insurance for Ho in Africa, so it suspended Ho’s domestic social security. If the local social security bureau determined Ho’s injury as a work-related injury, the company would have to pay additional work-related injury…

Guarantee is one of the important means to ensure the recovery of creditor’s rights. When a third party provides a guarantee for a debtor, the creditor shall carefully assess whether the guarantee is valid and enforceable. So, as a creditor, what are cautions related to guarantees provided by third parties? Firstly, from the perspective of the guarantee subject, when a third party provides a surety guarantee, it is necessary to confirm its capacity to provide the guarantee. This issue involves two aspects:(1) Is the subject prohibited from acting as a guarantor? and (2) Are there any legal preconditions for this…

In practice, many affiliated enterprises engage in mixed employment. Typical scenarios of mixed employment include two situations: 1. Workers provide labor for two or more affiliated enterprises simultaneously. For example, A serves as the legal counsel for a group company and, due to the lack of legal staff in a subsidiary, A also undertakes legal work for the subsidiary. 2. Workers provide labor alternately for two or more affiliated enterprises. For example, A, an engineer, was assigned to work on a project for a Beijing-based affiliate, and after completing the project, is reassigned to a Guangzhou-based affiliate for another project.…