Commentary

The right of shareholders to sue managers1 of a joint stock company is an important legal mechanism enabling shareholders to protect their own lawful rights and interests, as well as those of the company, where a manager breaches an assigned duty. This article examines the conditions for exercising this right, the persons entitled to bring […]

Disputes over sale and purchase contracts and loan-of-property contracts are among the most common types of civil disputes today; yet a considerable number of statements of claim are still returned by the courts, or made subject to requests for supplementation, for want of adequate legal grounds. Bringing a lawsuit involves more than merely drafting a […]

Does being granted conditional early release from imprisonment mean that the person has already completed their imprisonment sentence? Will a person granted early release be issued a Certificate of Completion of the Imprisonment Sentence immediately upon release from prison, or must they wait until another point in time? These are questions of particular concern to […]

Extending the deadline for holding the Annual General Meeting of Shareholders (“AGM”) is a legal mechanism that allows a joint stock company to postpone this mandatory annual meeting where a legitimate reason exists. What, then, does the law provide regarding the conditions, the competent decision-making body, and the maximum extension period? This article examines these […]

As a general principle, the distribution of an estate should first be carried out based on an agreement among the heirs. Court proceedings only become necessary when disputes arise among co-heirs that cannot be resolved through mutual agreement, or when the lawful rights and interests of one or more heirs have been infringed. This article […]

Determining the competent court is the first and one of the most critical steps in civil proceedings. In practice, numerous lawsuits are returned or significantly delayed due to the filing of claims with an incompetent court. This article analyzes the legal grounds for determining court jurisdiction under the current Civil Procedure Code and highlights practical […]

The right to access information is one of the most fundamental rights afforded to shareholders to safeguard their interests and enhance transparency in corporate governance. However, this right is always subject to corresponding confidentiality obligations and statutory limitations under the Law on Enterprises. This article analyzes the scope of shareholders’ information rights, common legal risks, […]

Committing a crime more than once may constitute both a penalty-framing circumstance and an aggravating circumstance for criminal liability under certain provisions of the Criminal Code. This article analyzes the applicable legal provisions and the latest guidance issued by the Council of Judges of the Supreme People’s Court to clarify the circumstances under which this […]