How Shall Foreign Creditors Go After Estates in China?

Our team have been dealing with inheritance of estates in China for more than a decade, most of time, on behalf of foreign heirs or beneficiaries.

I. Facts of the Case

In a recent case, the decedent had two wills respectively dealing with estates in China and estates in USA. The China Will covers both personal and real properties mainly in Shanghai, and the American…

Guardianship of Elderly People in China

We used to touch on this subject matter some time ago from the perspective of estate planning: guardianship for the elderly under China law. In this post, we discuss some concrete issues related to custody of elderly people in China. To many overseas Chinese whose parents or grandparents are still living in China, this may be of their interests.

Young woman pushing an elderly woman in a wheelchair through a garden
  1. When an Adult

Are the Assets in Your China Family Trust Really Safe?

As we have pointed out in the past in our posts, family trusts in China are of a rare species, mainly because family trusts, an imported legal concept from abroad, have no local soil in history for them to thrive in China.

Can a Trust Provide Asset Protection from Lawsuits?

Recent years, family trusts are a hot topic in financial industry with more and more Chinese rich families are faced with the problem of family …

What Does Inheritance Mean under Chinese Laws?

Over years, our team has practiced the inheritance/succession law and estate planning for foreign clients with assets in China. In most cases, we have no problem of explaining what inheritance means under Chinese law, but we do have a dispute over what we should do to complete the inheritance of his late father’s estate property in Shanghai, China.

What Does

What if a Party to a China Court Proceeding Dies?

It is not uncommon that a person dies during an ongoing court proceeding.

What is Probate Law? - Widerman Malek, PL
China Probate Law

So, what will happen and ensue upon the death of a participating party to a court proceeding under Chinese laws? It is more of a procedural issue than a substantive one. Therefore, we should find answers in China Civil Procedure Law.

  1. Stages/Proceedings of a Civil Case under

Can My Employer Terminate Me Without Cause and Severance Pay?

By Yueqing Li

It is quite common for Chinese employers to stipulate in the employment contracts with foreign employees that either party can terminate the contracts upon giving the other party three to six months’ written notice in advance.

Employee Termination In China From Employer's Perspective - HROne
Termination of Labor Contract in China

Labor disputes arise frequently under such circumstances, and the major focal…

What is the Difference between a Contract and a Deed?

This is not a question about Chinese contract law, rather one I have regarding contract law in UK and USA or other common law countries.

In China, there is only one set of rules of Contract Law, much the same principles as applicable in other major civil law countries like German or France.

When reading materials regarding common law trusts, very often I encountered…

Case Report: Shareholder Not Liable for Company’s Debts Prior to Expiry of Capital Contribution Time Limit

In the past, we have written posts about going after shareholders for debts incurred by companies they invest so long as such shareholders still have outstanding subscribed capital to be paid.

Shareholder Liability for Corporate Debts

China Registered Capital Reform and Its Implications on Your China Businesses

Can Company’s Creditors Go After Shareholders

China to Upgrade Its Green Card Rules: a Summary of the Draft Regulation

Everything you need (and want) to know about Chinese green cards - PTL Group
A Sample of China Green Card

With its spectacularly successful fight against Covid-19 pandemic, China has proven itself to be a safe place to live in while much of the rest of the world is still panicking. So have you ever thought of permanently living in China?

Yes, get a China green card.

Since the Measures for the Administration on Examination and Approval for

China Civil Judicial System: 2+1+1

Judiciary system of china
  1. Brief Summary

As a jurisdiction of civil law system, the civil judicial system in China is different from those of common law countries, and China civil judicial hierarchy system can be summarized as “2+1+1”, namely:

“2”: Generally, civil cases shall be finally adjudicated after concluding of two instances of court proceedings, which are usually known as…

Landmark Victory: Guangdong High Court Order Lower Court to Exercise Jurisdiction Over Divorce of Two-Foreigner Couple

It has almost been two years till we attained this long-awaited victory for our client, removing the blockage for the two-foreigner couple to divorce in China court.

Two Foreigners Divorce in China-Jurisdiction Issue

Indeed, at the time of receiving the decision of the appellate court, the client and us almost gave up. We didn’t because there was no other solution…

China New Regulations on Cosmetics (III): Detailed Rules on Registration and Filing

We have written a post last July when China initially published its overhauled new regulations on cosmetics “Regulation on Supervision and Administration of Cosmetics” (the “New Regulation“), setting out the regulatory framework on cosmetics industry.

Since then, China State Administration for Market Regulation (CSAMR),…

An Update on Cross-border Litigations in China: Online Case Filing Platform Launched for Foreign Parties

From February 3, 2021, China’s online court platform, a mini-program on WeChat, has launched a case filing service for foreign parties (for purpose of this post, including Chinese citizens residing overseas) to cross-border litigation in civil and commercial matters, a response to the current ongoing Covid-19 pandemic causing failure or delay …

Good News for Full-Time Housewives: China Landmark Case Ordering Compensation for Housework

According to news from Beijing Court Network on February 4, 2021, Beijing Fangshan District Court applied the new provisions in China Civil Code and awarded compensation to the full-time housewife in a divorce case for the first time.

Woman Receives $ 7,000 Compensation For Housework In A Breakthrough Chinese  Divorce Decision - Ohio News Time

In the case, the full-time housewife Wang claimed that she was entitled to housework compensation because she was responsible…

Appoint Administrator for Your Estates in China

Estimated reading time: 7 minutes

You may have known that China has enacted its first ever Civil Code incorporating and codifying quite a few pieces of separate civil laws into one statute. The old China Succession Law was refreshed and replaced by the Succession chapter in the Civil Code.

In the Succession Chapter of the Code, there are quite a few significant…

Borrow or Lend Money in China: Rules Governing Private Lending

Estimated reading time: 5 minutes

Recently, one of our clients is involved in a thorny private lending dispute in China. In providing legal advice to the client, we searched the latest regulations and related cases from which we obtained some valuable information to share. Here we summarized the key points which should be paid attention to in private lending…

The Cooling-off Period in Divorces and Its Impacts

Since January 1, 2021, with the promulgation of the Civil Code, the cooling-off period of divorce has been officially implemented in the divorce registration process, which has aroused widespread concern in the society. Some people suggest that this is conducive to preventing impulsive divorce and providing the spouse with the opportunity to repair their…