China Family Laws

landlord failed to fix problems, can I withhold rent?

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Expats living in China very often get frustrated with their Chinese landlords. A tipical situation is where the landlord fail to fix problems of the apartment/house, for example, air-conditioning breaking down, no hot water etc..

I got a help call this morning from a foreigner living in Shanghai, accusing his landlord of failing to fix some problems in the …

Individual Income Tax Liabilities for Expatriates in China

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For foreigners lured into China labor market, there are many things for them to ponder over before heading to China soil. One of the critical things that need to be clearly addressed is the tax implication of working in China, namely, whether you need to pay individual income tax in China, and how and how much you need to pay China individual income tax.

For those…

Scams aimed at expats in Shanghai/China

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[Notes: This is an article quoted from Global Times website (click here for details). Expats often fall victims to such scams and deceptions. Very often, there is no way to recover your loss either because you don’t even know where the bad guys are, or because it is such a small amount that you don’t bother to find it back. Hower, in particular, I would

How a personal injury case is handled in Chinese courts?

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With more and more foreigners coming into China for work or for travel, it has seen a number of cases where foreigners fall victim to personal injuries (typically in road accidents), and it is often inevitable to resort to courts in China to settle the compensation disputes arising therefrom.

It is terrible to be caught in a road accident in a foreign country, …

Spiritual damages in tort cases in Shanghai, China

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[This is an old post written by the blogger of this blog. What is discussed about in this article has been remaining unchanged.]

Under Chinese laws, in a tort case involving severe violation of personal interests (bodily integrity, fame, privacy etc.), victims are often granted both economic damages and spiritual damages.

If you are unfortunately caught …

LAW OF SUCCESSION OF THE PEOPLE’S REPUBLIC OF CHINA

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[Please note that this English version of Chinese succession law is quoted from Internet resource, and is not work product of the author of this blog, Jason Tian. If you have any question about the accuracy of the text or you want to get clearer about any aspect of this law, you can contact Jason Tian for help using “Contact” on this blog.]

LAW OF SUCCESSION…

Make a gift of real estate in China

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I did a post, “how does a foreigner inherit real properties in China?”, some while ago in which I suggest people thinking of making a gift of their properties to their beloved ones as an alternative of passing the properties to their children, spouses or other family members after death. Hence, there have been inquiry emails from foreigners regarding how…

Inquiry on notarization of will made out of China

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The following is an inquiry I receive from a HK lawyer regarding notarization of wills. As it may be a general issue among people living outside China mainland, I publish the question and answer here for your reference.

Dear Sirs,

I am a Hong Kong solicitor. I have a client who want to make a will in Hong Kong but she has property in Shanghai.
I will write a will for her.…

Getting divorced outside China

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We are talking about divorces where the parties get married in China, or one party is a Chinese national or the marital properties (for instance a house or apartment) locate in China, or otherwise a China element is involved. Such foreign-related divorces are very complicated matter when they have to be solved in court. Since a China element is involved, it will…

Inherit/succeed to real estate in China

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With the development of internationalization of China, it has saw steady rise in the number of cases where foreigners seek to inherit real estate properties located in China. As it is a cross-border issue, it may vex foreigners because of the complicated legal formalities that you need to go through in order to be able to succeed to the apartment/house in China.…

what if your spouse buys a house for his or her lover/mistress?

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A foreign woman recently approached me for advice on her situation: she came to Shanghai with his husband who was an executive of internatinal company. She recently found out her husband is having an affair with a Chinese girl. What is more, she also discovered that her husband had spent a big sum of money on purchasing a luxury apartment the title of which is registered…

Tort liabilities relating to employment-take domestic workers as illustration

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In Shanghai, there are basically two ways of hiring an Ayi from market. (1) you find the Ayi by yourself or through a friend and you pay her directly and thus establish an employment relationship with the Ayi; (2) you hire the housekeeping/babysitting service from a company or firm in the market and the company sends their staff to your house but you pay the company…

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