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A creditor applies for compulsory enforcement, if the court discovers that the debtor has real estate, movable property, or other property rights (such as equity), the court would auction such properties. However, if auction fails in a judicial auction, what could creditors do? Whether those properties could be used to offset the debt? According to the relevant provisions of the…

On May 12, 2024, the All-China Federation of Trade Unions published an article titled as "A company fired an employee who was late 98 times with 2N compensation” ?!”. In this article, the company fired an employee who was late 98 times, however, both the Beijing Fangshan District People's Court and the Beijing Second Intermediate People's Court determined that such…

Nowadays goods are being updated frequently. Consumers don’t have any trouble with the updated FMCG, however, there are troubles with those updated durable consumer goods (“DCG”), such as appliances. Because consumers may need components and parts for the maintenance and repair of DCG. Therefore, the manufacturer shall pay attention to two issues, 1) how long should components and parts be…

According to the “Administrative Provisions on Employment of Foreigners in China” (hereinafter referred to as the “Provisions”), an employer hiring a foreigner shall apply an employment permit for the said foreigner. Many provinces and cities require the employer to provide a labor contract with the foreign as stipulated in Article 17 of the “Provisions” for applying the employment permit. However,…

Because the current economic situation is severe, the recovery of creditor's rights of enterprises becomes riskier. It is very important for enterprises to well manage the recovery of creditor's rights, including to take necessary measures to manage the risks, to take necessary measures to recover debt as soon as possible. This article intends to provide reference for enterprises to establish…

A owed B money, but was unable to pay it back. B found that C owed A money, then he required C to repay the money directly to himself. This is a typical case of the implementation of subrogation. Article 535 of the "Civil Code" stipulates that, “where the obligor is remiss in exercising its claims or the accessory rights…

In order to do business with Company A, Company B mortgaged two properties to A and completed the mortgage registration. A sued B for a dispute and won the case. However, when A applied for the enforcement of two properties, it encountered two problems: the mortgage registration term agreed by both parties and actually registered was about to expire, and…

Company A’s "Employee Handbook" and "Fieldwork and Business Travel Attendance Management" state that fieldworkers shall use GPS to register for attendance. Y is a salesman, and Company A gave him a work mobile phone, but he turned off the phone for many times during work, and failed to register for attendance. Company A fires Y for absenteeism. Y held that…

Company Y failed to repay its debts, Company T had to sue Y. Chen was a shareholder of Y, and he subscribed capital of Y amount to CNY300, 000, which had not yet been paid. During the litigation, Chen transferred his equity to Company H. After the judgment came into effect, Y refused to perform the judgment, T applied for…

After C was dismissed by the company for false reimbursement, C’s supervisor H was also dismissed on the grounds that H neglected to perform his management duties, which brought damages to the interests of the company. H felt wronged, because he was cheated by C, all the faults were made by C, so it is unfair for the company to…