Selected Cases from the Supreme People's Court of the People's Republic of China
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Selected Cases from the Supreme People's Court of the People's Republic of China
Volume 5
Zheng, Daxuan; Liu, Zuoyong; China Institute of Applied Jurisprudence; Zhu, Feng; Han, Hongyu; Ma, Qiujing; Ding, Wenyan
Springer Verlag, Singapore
12/2024
650
Dura
9789819782840
Pré-lançamento - envio 15 a 20 dias após a sua edição
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Chapter 1: Anhui Foreign Economic Construction (Group) Co., Ltd.- v. Inmobiliaria Palacio Oriental S.A. For the Dispute over a Guarantee Fraud- Beneficiary's Default in the Underlying Transaction Does Not Necessarily Constitute an Independent Letter of Guarantee Fraud.- Chapter 2: Cai X v. Guangzhou Runping Commercial Co., Ltd. For the Dispute over the Right to New Varieties of Plants-Determination of Propagation Materials for New Varieties of Plants to Be Protected.- Chapter 3: Tax Evasion Case of Hubei Jieda Environmental Engineering Co., Ltd and Li X- Application of Laws for Not Prosecuting Criminal Liabilities for Tax Evasion of Actors of First Offense.- Chapter 4: Kunming Branch of Dali Lanlinge Real Estate Co., Ltd. and Dali Lanlinge Real Estate Co., Ltd. v. Yang X (A) and Su X For the Dispute over Private Lending- Civil Liability for Incurred Debts by a Branch Without Authorization From Its Legal Person.- Chapter 5: Shanxi Branch of China Great Wall AssetManagement Co., Ltd. v. Shanxi Shuozhou (Pinglu District) Huameiao Chongsheng Coal Industry Co., Ltd., Shanxi Huameiao Energy Group Co., Ltd. and Others For the Dispute over a Loan Contract- Determination of the Suretyship Liability Under a Contract of Maximum Suretyship.- Chapter 6: Nantong Huajin Real Estate Co., Ltd. v. Shanxi Junwei Technology Co., Ltd. For a Dispute over a Contract- The Determination of Elimination of the Right to Cancel a Contract by Agreement.- Chapter 7: Chongqing Branch of Evergrowing Bank Co., Ltd. v. Chongqing Hengdun Industrial Co., Ltd., Hunan Mutual Development Real Estate Co., Ltd. For the Dispute over Financial Lending Contract- Possession by Financial Institutions of the Resolution of Shareholders' Meeting on the Mortgage Meaning Doesn't Suffice to Establish the Mortgage Relationship.- Chapter 8: Henan Qichun Oil Distribution Services Group Co., Ltd. v. Yan'an Branch of Industrial and Commercial Bank of China Limited and the First-Instance Defendant, Shaanxi Baojiang Petroleum and Chemical Co., Ltd., and Liu X For the Dispute over Financial Lending Contract- Upon Confirmation of the Authenticity of Accounts Receivable to Its Factor, the Debtor of the Accounts Receivable May Not Assert a Defense Against the Factor on the Grounds of Non-Existence of the Said Accounts Receivable.- Chapter 9: Li X v. Hunan Xinhua Sunshine Beitan Hydropower Development Co., Ltd. and Third Party in the First Instance: Yongzhou Water Resources & Hydropower Construction Company For the Dispute over Contract for the Undertaking of Construction Projects- Appraisal Prices Obviously Deviating From Construction Costs Shalln't Be Established As the Basis for Settlement Prices.- Chapter 10: Hangzhou Steam Turbine Engineering Co., Ltd. v. Xinjiang Altay Jinhao Iron Industry Co., Ltd., Xinjiang Tulufan Yurun Iron & Steel Industry & Trade Co., Ltd. For the Dispute over Contract for the Undertaking of Construction Projects- Judicial Determination ofthe Legal Force of an Independent Guarantee.- Chapter 11: Zhang X v. Geng X and Zhuangzhou Bilingual Primary School of Minquan County, as well as Third Parties: Henan Minquan Rural Commercial Bank Company Limitedand Luozhuang Village Committee of Chengguan Town in Minquan County For the Dispute over Reclaiming Original Properties- Owners' Claim to Reclaiming Original Properties from Possessors Shalln not Be Upheld.- Chapter 12: Liupanshui Yumin Liquefied Petroleum Gas Co., Ltd. v. He X and a Third Party of First Instance: Zhang X For the Dispute over an Agreement of Contracted Management- Influences of a Claim of Right from an Agent Appointed by a Third Party on the Principal's Right of Intervention.- Chapter 13: Lan X (A) v. Dai X and Lan X (B) For the Dispute over Private Lending- Application of Procedures in the Case of the Death of a Party During a Lawsuit.- Chapter 14: Shenzhen Ruizheng Real Estate Management Co., Ltd. v. Shenzhen Yuansheng Industry Co., Ltd. For the Disputeover a Property Service Contract- Ownership and Usufruct of Underground Parking Plots.- Chapter 15: Zhoushan Waidai Freight Co., Ltd. v. Dalian Fenghai Pelagic Fishery Co., Ltd. For the Dispute over Application for Maritime Claim Preservation Damage- Judgment Criteria for Falsely Applying for Property Preservation by Parties.- Chapter 16: Feng X and Che X v. Li X and Zhang X (A) For the Action of Objection to Enforcement by an Outsiders- Determination of the Standing to Sue of the Debtor to Matured Debts of the Person Subject to Enforcement as the Plaintiff in an Action of Objection to Enforcement by an Outsider.- Chapter 17: Henan Hongguang Zhengshang Real Estate Co., Ltd. v. Zhou X and Liu X For the Action of Objection to Enforcement by Outsider- The Objection to Enforcement by an Outsider on the Grounds of an Effective Judgment from a Separate Case Against the Seized Subject Matter of Enforcement Should or Shall not Be Upheld.- Chapter 18: Shanghai Ruixin Hengjie Investment Co., Ltd. v. Yantai Hemei Trade Co., Ltd. A Case of Insolvent Liquidation Petition- Applicant May Apply for a Retrial on a Decision on the Rejection of an Insolvent Liquidation Petition.- Chapter 19: EEI Co., Ltd. and EEI New Energy Technology (Tianjin) Co., Ltd. v. Beijing Wanyuan Industry Co., Ltd. Application for the Revocation of an Arbitral Award- The Arbitration Clause in a Principal Contract Isn't Binding on the Guarantor Not Being Its Party in a Guarantee Contract with No Expressly Stipulated Arbitration Provisions.- Chapter 20: Huawei Technologies Co., Ltd. v. Conversant Wireless Licensing S.a.r.l For the Dispute over the Confirmation of Non-infringement on Patent Rights and SEP Licensing- Considerations of and Safeguards to the Ruling of an Act Preservation of Anti-suit Injunction.- Chapter 21: Baokou (Xiamen) Sanitary Ware Co., Ltd. v. Peilong Plumbing Engineering Outlet of Guantao County For the Dispute over Infringements on the Patent Right for Utility Models- Determination of the Defense over Lawful Sources in Patent Infringements.- Chapter 22: Honda Motor Co., Ltd. v. Chongqing Hengsheng Xintai Trade Co., Ltd. and Chongqing Hensim (Group) Co., Ltd. For the Dispute over Trademark Right Infringements- Determination of Trademark Infringements in Foreign-related OEM.- Chapter 23: Pang X v. China National Intellectual Property Administration and Third Party in First Stance: Beijing Jinyuanmaofeng New Technology Development Co., Ltd. For an Administrative Dispute over the Invalidation of Patent Rights- Reasonable Division of Technical Characteristics and Determination on the Suitability of Their Disclosure on the Basis of a Comprehensive and Accurate Construction of Relevant Technical Schemes.- Chapter 24: Guangzhou Compass Exhibition Service Co., Ltd. and Guangzhou Zhongwei Enterprise Management Consulting Service Co., Ltd. v. Uniqlo Trading Co., Ltd., Uniqlo Outlet of Shanghai Star Global Port For the Dispute over Trademark Right Infringements- The Trademarks Registered against the Principle of Good Faith for Ill-gotten Gains Shalln not be Protected by Law.- Chapter 25: Fuzhou Rice Mill v. Wuchang Jinfutai Agriculture Co., Ltd., Fujian Xinhuadu Comprehensive Department Store Co., Ltd. and Others For the Dispute over Trademark Right Infringement- Determination of Generic Names and Standardized Use of Names of Crop Varieties.- Chapter 26: Nanjing Blue Thai Transport Facilities Co., Ltd. v. Dizhou New Energy Technology (Shanghai) Co., Ltd. For the Dispute over the Confirmation of Non-infringement of Patent Rights- Determination of the Connecting Point of Territorial Jurisdiction in Lawsuits of the Confirmation of Non-infringement of Patent Rights.- Chapter 27: Da X and Zhang X (A) v. The People's Government of Huzhu Tu Autonomous County in Qinghai For the Dispute over Non-performance of Statutory Duties- Handling Approaches when the Justifications for a Plaintiff's Request for the Performance of Statutory Duties by the Defendant Can't Be Determined.- Chapter 28: Hao X v. Yingze District People's Government of Taiyuan City in Shanxi For the Dispute over Housing Expropriation- Determination of the Stake of a Buyer in Actual Possession and Use of a Fully Paid but Unregistered House in an Act of Housing Expropriation.- Chapter 29: Lin X v. Administrative Committee of Taizhou Pharmaceutical High-tech Industrial Development Zone in Jiangsu and Mingzhu Subdistrict Office of Taizhou Pharmaceutical High-tech Industrial Development Zone in Jiangsu For the Dispute over the Revocation of an Agreement on the Compensation for Relocation- Options of Determination of Applicable Term Systems for Lawsuits over Administrative Agreement Revocation.- Chapter 30: Shanxi Jinchuang Business Agency Co., Ltd. v. Lishi District People's Government of Luliang City in Shanxi For the Dispute over Premises Demolition and Facility Disposal- Justiciability Review of Official Replies to Public Property Disposition by Administrative Organs.- Chapter 31: LuoheFengchun Enterprise Consulting Co., Ltd. v. Bureau of Land and Resources of Luohe City in Henan For the Dispute over the Housing Administrative Registration- A Creditor with Assigned Rights Has no Standing of a Plaintiff in a Revocation Action.
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The Supreme People's Court of the People's Republic of China;Cases from the Supreme People's Court;Typical Cases;Characteristic Cases;Case Selections
Chapter 1: Anhui Foreign Economic Construction (Group) Co., Ltd.- v. Inmobiliaria Palacio Oriental S.A. For the Dispute over a Guarantee Fraud- Beneficiary's Default in the Underlying Transaction Does Not Necessarily Constitute an Independent Letter of Guarantee Fraud.- Chapter 2: Cai X v. Guangzhou Runping Commercial Co., Ltd. For the Dispute over the Right to New Varieties of Plants-Determination of Propagation Materials for New Varieties of Plants to Be Protected.- Chapter 3: Tax Evasion Case of Hubei Jieda Environmental Engineering Co., Ltd and Li X- Application of Laws for Not Prosecuting Criminal Liabilities for Tax Evasion of Actors of First Offense.- Chapter 4: Kunming Branch of Dali Lanlinge Real Estate Co., Ltd. and Dali Lanlinge Real Estate Co., Ltd. v. Yang X (A) and Su X For the Dispute over Private Lending- Civil Liability for Incurred Debts by a Branch Without Authorization From Its Legal Person.- Chapter 5: Shanxi Branch of China Great Wall AssetManagement Co., Ltd. v. Shanxi Shuozhou (Pinglu District) Huameiao Chongsheng Coal Industry Co., Ltd., Shanxi Huameiao Energy Group Co., Ltd. and Others For the Dispute over a Loan Contract- Determination of the Suretyship Liability Under a Contract of Maximum Suretyship.- Chapter 6: Nantong Huajin Real Estate Co., Ltd. v. Shanxi Junwei Technology Co., Ltd. For a Dispute over a Contract- The Determination of Elimination of the Right to Cancel a Contract by Agreement.- Chapter 7: Chongqing Branch of Evergrowing Bank Co., Ltd. v. Chongqing Hengdun Industrial Co., Ltd., Hunan Mutual Development Real Estate Co., Ltd. For the Dispute over Financial Lending Contract- Possession by Financial Institutions of the Resolution of Shareholders' Meeting on the Mortgage Meaning Doesn't Suffice to Establish the Mortgage Relationship.- Chapter 8: Henan Qichun Oil Distribution Services Group Co., Ltd. v. Yan'an Branch of Industrial and Commercial Bank of China Limited and the First-Instance Defendant, Shaanxi Baojiang Petroleum and Chemical Co., Ltd., and Liu X For the Dispute over Financial Lending Contract- Upon Confirmation of the Authenticity of Accounts Receivable to Its Factor, the Debtor of the Accounts Receivable May Not Assert a Defense Against the Factor on the Grounds of Non-Existence of the Said Accounts Receivable.- Chapter 9: Li X v. Hunan Xinhua Sunshine Beitan Hydropower Development Co., Ltd. and Third Party in the First Instance: Yongzhou Water Resources & Hydropower Construction Company For the Dispute over Contract for the Undertaking of Construction Projects- Appraisal Prices Obviously Deviating From Construction Costs Shalln't Be Established As the Basis for Settlement Prices.- Chapter 10: Hangzhou Steam Turbine Engineering Co., Ltd. v. Xinjiang Altay Jinhao Iron Industry Co., Ltd., Xinjiang Tulufan Yurun Iron & Steel Industry & Trade Co., Ltd. For the Dispute over Contract for the Undertaking of Construction Projects- Judicial Determination ofthe Legal Force of an Independent Guarantee.- Chapter 11: Zhang X v. Geng X and Zhuangzhou Bilingual Primary School of Minquan County, as well as Third Parties: Henan Minquan Rural Commercial Bank Company Limitedand Luozhuang Village Committee of Chengguan Town in Minquan County For the Dispute over Reclaiming Original Properties- Owners' Claim to Reclaiming Original Properties from Possessors Shalln not Be Upheld.- Chapter 12: Liupanshui Yumin Liquefied Petroleum Gas Co., Ltd. v. He X and a Third Party of First Instance: Zhang X For the Dispute over an Agreement of Contracted Management- Influences of a Claim of Right from an Agent Appointed by a Third Party on the Principal's Right of Intervention.- Chapter 13: Lan X (A) v. Dai X and Lan X (B) For the Dispute over Private Lending- Application of Procedures in the Case of the Death of a Party During a Lawsuit.- Chapter 14: Shenzhen Ruizheng Real Estate Management Co., Ltd. v. Shenzhen Yuansheng Industry Co., Ltd. For the Disputeover a Property Service Contract- Ownership and Usufruct of Underground Parking Plots.- Chapter 15: Zhoushan Waidai Freight Co., Ltd. v. Dalian Fenghai Pelagic Fishery Co., Ltd. For the Dispute over Application for Maritime Claim Preservation Damage- Judgment Criteria for Falsely Applying for Property Preservation by Parties.- Chapter 16: Feng X and Che X v. Li X and Zhang X (A) For the Action of Objection to Enforcement by an Outsiders- Determination of the Standing to Sue of the Debtor to Matured Debts of the Person Subject to Enforcement as the Plaintiff in an Action of Objection to Enforcement by an Outsider.- Chapter 17: Henan Hongguang Zhengshang Real Estate Co., Ltd. v. Zhou X and Liu X For the Action of Objection to Enforcement by Outsider- The Objection to Enforcement by an Outsider on the Grounds of an Effective Judgment from a Separate Case Against the Seized Subject Matter of Enforcement Should or Shall not Be Upheld.- Chapter 18: Shanghai Ruixin Hengjie Investment Co., Ltd. v. Yantai Hemei Trade Co., Ltd. A Case of Insolvent Liquidation Petition- Applicant May Apply for a Retrial on a Decision on the Rejection of an Insolvent Liquidation Petition.- Chapter 19: EEI Co., Ltd. and EEI New Energy Technology (Tianjin) Co., Ltd. v. Beijing Wanyuan Industry Co., Ltd. Application for the Revocation of an Arbitral Award- The Arbitration Clause in a Principal Contract Isn't Binding on the Guarantor Not Being Its Party in a Guarantee Contract with No Expressly Stipulated Arbitration Provisions.- Chapter 20: Huawei Technologies Co., Ltd. v. Conversant Wireless Licensing S.a.r.l For the Dispute over the Confirmation of Non-infringement on Patent Rights and SEP Licensing- Considerations of and Safeguards to the Ruling of an Act Preservation of Anti-suit Injunction.- Chapter 21: Baokou (Xiamen) Sanitary Ware Co., Ltd. v. Peilong Plumbing Engineering Outlet of Guantao County For the Dispute over Infringements on the Patent Right for Utility Models- Determination of the Defense over Lawful Sources in Patent Infringements.- Chapter 22: Honda Motor Co., Ltd. v. Chongqing Hengsheng Xintai Trade Co., Ltd. and Chongqing Hensim (Group) Co., Ltd. For the Dispute over Trademark Right Infringements- Determination of Trademark Infringements in Foreign-related OEM.- Chapter 23: Pang X v. China National Intellectual Property Administration and Third Party in First Stance: Beijing Jinyuanmaofeng New Technology Development Co., Ltd. For an Administrative Dispute over the Invalidation of Patent Rights- Reasonable Division of Technical Characteristics and Determination on the Suitability of Their Disclosure on the Basis of a Comprehensive and Accurate Construction of Relevant Technical Schemes.- Chapter 24: Guangzhou Compass Exhibition Service Co., Ltd. and Guangzhou Zhongwei Enterprise Management Consulting Service Co., Ltd. v. Uniqlo Trading Co., Ltd., Uniqlo Outlet of Shanghai Star Global Port For the Dispute over Trademark Right Infringements- The Trademarks Registered against the Principle of Good Faith for Ill-gotten Gains Shalln not be Protected by Law.- Chapter 25: Fuzhou Rice Mill v. Wuchang Jinfutai Agriculture Co., Ltd., Fujian Xinhuadu Comprehensive Department Store Co., Ltd. and Others For the Dispute over Trademark Right Infringement- Determination of Generic Names and Standardized Use of Names of Crop Varieties.- Chapter 26: Nanjing Blue Thai Transport Facilities Co., Ltd. v. Dizhou New Energy Technology (Shanghai) Co., Ltd. For the Dispute over the Confirmation of Non-infringement of Patent Rights- Determination of the Connecting Point of Territorial Jurisdiction in Lawsuits of the Confirmation of Non-infringement of Patent Rights.- Chapter 27: Da X and Zhang X (A) v. The People's Government of Huzhu Tu Autonomous County in Qinghai For the Dispute over Non-performance of Statutory Duties- Handling Approaches when the Justifications for a Plaintiff's Request for the Performance of Statutory Duties by the Defendant Can't Be Determined.- Chapter 28: Hao X v. Yingze District People's Government of Taiyuan City in Shanxi For the Dispute over Housing Expropriation- Determination of the Stake of a Buyer in Actual Possession and Use of a Fully Paid but Unregistered House in an Act of Housing Expropriation.- Chapter 29: Lin X v. Administrative Committee of Taizhou Pharmaceutical High-tech Industrial Development Zone in Jiangsu and Mingzhu Subdistrict Office of Taizhou Pharmaceutical High-tech Industrial Development Zone in Jiangsu For the Dispute over the Revocation of an Agreement on the Compensation for Relocation- Options of Determination of Applicable Term Systems for Lawsuits over Administrative Agreement Revocation.- Chapter 30: Shanxi Jinchuang Business Agency Co., Ltd. v. Lishi District People's Government of Luliang City in Shanxi For the Dispute over Premises Demolition and Facility Disposal- Justiciability Review of Official Replies to Public Property Disposition by Administrative Organs.- Chapter 31: LuoheFengchun Enterprise Consulting Co., Ltd. v. Bureau of Land and Resources of Luohe City in Henan For the Dispute over the Housing Administrative Registration- A Creditor with Assigned Rights Has no Standing of a Plaintiff in a Revocation Action.
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