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…
Read MoreThe “Pay When Paid” (hereinafter referred to as the “PWP”) clause usually applied in the chain contracts. The typical feature of PWP is that there are two contracts, a party sets the payment of the upstream party as the precondition for the payment to the downstream party. Such clause could help the party to reduce risks related to the payment,…
Read MoreMany companies prefer to use maps to mark business scope, by which they could introduce their scale or business scope. Article 9 of the “Advertising Law" stipulates that advertisements shall not, …… (4) harm the dignity or interests of the State and divulge State secrets; ……” Since 2017, administrative penalty cases due to the improper use of maps are very common.…
Read MoreCompany B sued Company A regarding a contract dispute, and won the lawsuit. A failed to perform the effective judgment, so B applied for enforcement. As W is the legal representative of A, B applied the court for adopting measures on restriction of high-level consumption on W. In 2019, A changed its legal representative from W to Z, and then…
Read MoreThe video of the “Tan Tan Transportation”(谭谈交通) was removed from several major internet platforms, which is the latest typical network infringement case. In similar cases, the obligee may claim for infringement against the infringer and relevant internet platforms. The “Safe Harbor Principle” derived from the “Digital Millennium Copyright Act of the United States”, which has built a safe harbor for…
Read MoreIn 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…
Read MoreCompany 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…
Read MoreCompany 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…
Read MoreAfter 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…
Read MoreA product’s model symbol (hereinafter referred to as the “Symbol” refers to a serial number marked on a product. Such serial number is used to identify products. It is common to design a specific “Symbol” with a few alphabets, digits, the combination of alphabets and digits, or the combination of the foresaid items with a trademark, such as Audi A4,…
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