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…

New Important Provisions related to Residential Properties in China Civil Code

Foreigners residing in China are bound to find somewhere to live, either rented or owned dwellings. As a cross-border legal service provider at Shanghai Landing Law Offices, we are keeping eyes on relevant latest legislation to update.

Property: Latest news about home sales, mortgage rates and property market  - SHINE News

Civil Code of the People’s Republic of China (hereinafter as Civil Code) has officially come into enforcement since…

The Requirements on Documents in Foreign-related Civil Cases in China

When disputes occur, foreigners and oversea Chinese may be involved in civil and commercial litigations in China, either as plaintiffs or defendants. As a cross-border legal service provider at Shanghai Landing Law Offices, we have been helping foreign clients in their legal battles in China courts for more than a decade.

Compared with domestic cases, foreign…

Steps and Procedures of Selling Residential Properties in China

Very often, we help foreign clients to sell their China properties after they inherit estate properties in China. Indeed, this has been a big part of my team’s legal practice for over a decade. We don’t just sell properties in Shanghai, but also in Beijing, Shenzhen, Guangzhou, and occasionally in Chengdu, Kunming, Suzhou and other cities as well.…

Transfer of Your Share in Tenancy-in-Common Property in China and Preemptive Right

Co-ownership of real estates is pretty common in many jurisdictions. To the best of my knowledge about foreign properties laws, most jurisdictions have basically two types of co-ownership of real estate properties: joint tenancy and tenancy in common.

We have discussed some of the problems concerning tenancy-in-common properties in China in the past: …

Bona Fide Purchase of Company Equity Interests under China Laws

The legal doctrine of bona fide purchaser for value without notice is one of the difficult and elusive legal concept in the area of property law in many jurisdictions. It is always triggered by the fact that someone disposes of a property while he or she doesn’t have the power or right to do so, the so-called “unauthorized disposition”.

The already delicate legal…

When a Common Law Court Decides on Inheritance of China Real Properties: a Lesson from Vucicevic v Aleksic (2020)

I was referred to this judgment of UK court on the STEP Forum for UK practitioners.

It is interesting to see the problem arising in that case: a duly issued court decision by a UK court cannot be enforced in Montenegro simply because the UK court judgment failed to clearly describe the accurate address of the property in question.

I am a bit surprised by the fact that…

Steps for Incorporating a Foreign Direct Investment Company in China

It is sad that to date the whole world is still clouded by the Covic-19 pandemic, and we have all had a hard time for the virus.

world pandemic demographic as of October 22, 2020

Though China was initially hit hardest early January and February, the country has however miraculously contained the virus quickly and effectively. Consequently, after a period of stringent…

Highlights of Changes to China Marriage Law Brought About by PRC Civil Code

China enters an era with a civil code - CGTN

The highly expected Civil Code of People’s Republic of China (“the Civil Code”) was adopted by the 13th National People’s Congress (” NPC “) on May 28, 2020 and will take effect on January 1, 2021, in which Part V is “The Marriage and Family”. Upon the implementation of the Civil Code, the current China Marriage Law will be repealed simultaneously,…

Should I Write a Separate Will for My China Assets?

This question has been raised frequently over time. A recent inquiry was from a client in UK who has a couple of real properties in China. Upon working on his estate planning, he wondered whether he should write a single will covering both his UK and China assets or write a separate will for China assets. By the way, the inquirer is British, domiciled and habitually…

Right of Residence and Cross-border Estate Planning for Properties in China

Right of residence? Something you may have not heard of before in China. It is no wonder since this new legal concept is just recently created in China Civil Code, which has yet to take effect on January 1, 2021.

Mother's right of residence and my tax bill
Your Home Owned by Others

I. What is Right of Residence?

First, right of residence is a right in real properties, and to be more specific, a right created in…