International Factoring In China Part II: assignment of receivables

YOU MAY DOWNLOAD THE PDF VERSION OF THIS POST HERE: china-factoring-law-assignment-of-account-receivables.

Assignment of receivables is the core of factoring business. An accurate and clear understanding of Chinese laws in respect of assignment of receivable is vital and paramount for engaging in factoring business in China.

As you may have noticed…

Again, be aware and vigilant about who you are trading with in China

It is not the first time I write about this topic for foreign companies trading with Chinese seller. You can check on this post “Check out who you are trading with in China“.

An American client recently complained to me about his problem with his Chinese vendor. The client has been purchasing aluminum sheets from the Chinese seller for years and they…

无权处分合同效力与善意取得-以单方处分夫妻共同财产为视角

笔者近期处理的一起离婚后财产分割案件引发了对无权处分合同效力以及善意取得制度的思考。相关法律问题着实让人为难,难怪法学家将“无权处分”称为“法学上的精灵”。

案件情况如下:夫妻婚后购买一套住宅,但仅登记在妻子名下(老公是外国人,没有购买资格)。不久,双方感情破裂,经法院判决离婚。但在离婚诉讼中,因为特殊原因,双方同意夫妻财产离婚之后再行分割。但妻子为隐匿财产,离婚后立即将房产转让给其一个朋友(但无法查证),价格远低于市场价格(可能会有百分三十左右的差价),且同时把一辆高级轿车亦转让给这位朋友。房屋的转让已经完成。…

China Family Law: spouse interests in real properties and corporate equities

As a part of family law practice, divorce cases are increasing in China esp in first-tiered cities such as Shanghai, Beijing and Shenzhen.

With the number of cross-border marriages between Chinese and foreigners, it is good for the foreigner spouse to understand the legal environment in China in case of an inevitable divorce, in particular, in terms of the …

Right and Power: a new understanding of their relationship

I have just read two articles regarding “right” which reactivate my interests on the jurisprudence issue and other related thoughts on some basic civil law issues. The two articles are “Rights” and “Legal Rights“.

Back ten years ago, when I was preparing my graduation paper for master degree, I was intrigued by the…