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Department of CivilLegal Business

 

Department ofCivil Legal Business provides legal service in a wide range of legal affairsbetween civil subjects with equal status, including property rights, relatedpersonal rights, creditor’s rights, marriage family relations, succession, and employment, and so on.

 

Our Civil LegalBusiness Dep.’s major practices are as follow:

i.     The activity relating to property rightsand related personal rights, such as property ownership, neighbor’s rights,rights of personality, and right of portrait;

ii.    The activity relating to creditor’s rights,such as all kinds of contracts and torts;

iii.  Marriage law practice, such as relatives,marriage contracts, divorce, and adoption;

iv.   Succession law practice , such as statutorysuccession, testamentary succession, legacy, and inheritance tax issues;

v.    Labor law practice, such as employment,labor contracts, and work-related injury accidents.

 

Tips:

 

- In what circumstance divorce can be granted by thepeople’s court?

 

In dealing with a divorce case, thepeople's court should carry out mediation, and divorce shall be granted ifmediation fails because mutual affection no longer exists.

 

Divorce shall be granted if any of thefollowing circumstances occurs and mediation fails:

i.     either party is a bigamist or a person whohas a spouse but co-habits with another person;

ii.    there is family violence or maltreatment ordesertion of any family member;

iii.  either party is indulged in gambling,drug-abuse or has other vicious habits and refuses to mend his or her waysdespite of repeated admonition;

iv.   both parties have lived separately due tolack of mutual affection for up to two years;

v.    other circumstances that have led to thenonexistence of mutual affection as husband and wife.

 

If either party has been declared by courtas to be missing and the other party applies to be divorced, divorce shall begranted.

 

- How to dispose of the capital contributions made to a limited companyin the name of my husband?

 

When the people's court hears a case of divorce involving the partitionof jointly owned property, the capital contributions made to a limited companyin the name of one party shall be handled according to the followingcircumstances if the other party isn't a shareholder of this company:

a.      If both husband and wife agree to assignpart of or all of the contributions to the spouse of the shareholder, if morethan half of the shareholders consent and the other shareholders explicitlywaives the priority to purchase the shares, the spouse of this shareholder maybecome a shareholder of this company;

b.     After the husband and wife have reached anagreement on the to-be-transferred shares formed by capital contributions, ifmore than half of the shareholders oppose to the transfer, but are willing topurchase the shares at an equal price, the people's court may partition theincome from the transfer of shares incurred from contributions. If more thanhalf of the shareholders are opposed to the transfer of shares, and if they areunwilling to purchase the shares at an equal price as well, they shall bedeemed to consent to the transfer, and the spouse of the shareholder may becomea shareholder of this company.

 

The proof used for showing the consent bymore than half of the shareholders as mentioned in the preceding paragraph maybe a resolution of the shareholders' meeting or a written statement of theshareholders obtained by other lawful means.

 

- The limitation of action regarding to the protectionof civil rights is two years, is it right?

 

Except asotherwise stipulated by law, the limitation of action regarding applications toa people's court for protection of civil rights shall be two years. Thelimitation of action shall be one year on cases concerning the following:

i.     claims for compensation for bodilyinjuries;

ii.   sales of substandard goods without propernotice to that effect;

iii.  delays in paying rent or refusal to payrent;

iv.  loss of or damage to property left in thecare of another person.

 

Besides, the time limit for action before the people'scourt or for arbitration before an arbitration institution regarding disputesrelating to contracts for international sales of goods and contracts fortechnology import and export shall be four years.

 

- In what circumstance an employer can dissolve a labor contractwithout noticing to the employee and have no liability to pay any compensation?

An employer maydissolve a labor contract if one of the following cases occurs:

i.     A worker is proved to be not up to theemployment standards within the period of trial use;

ii.   A worker has seriously violated labordiscipline or the rules and regulations having been laid down by the employer;

iii.  A worker has committed serious derelictionof duty or resorted to deception for personal gains and caused serious lossesto the interests of the employer;

iv.  A worker has been affixed with criminalresponsibility.

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