China Family Laws

Spiritual damages in tort cases in Shanghai, China


[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 …



[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.]


Inquiry on notarization of will made out of China


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


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


[It shall be noted that some of the information in this aged post is no longer valid, and you are encouraged to read latest posts in this regard.]

With the development of internationalization of China, it has seen 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 …

What if Your Spouse Buys a House for His or Her Lover/Mistress?


It happens in real life every day, I mean, adultery. Our life is never easy and cozy in family context, and those who can no longer stand the pain often seek comfort outside family. Unfortunately, it is costly to keep a relationship of this nature.

A foreign woman recently approached me for advice on her situation: she came to Shanghai with his husband who was an …

Tort liabilities relating to employment-take domestic workers as illustration


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…