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2024-08

Earth Research | A Preliminary Analysis of Creditor Rights Protection under the Enterprise Bankruptcy Reorganization "Debt-to-Equity Swap" System

In the 1990s, China's capital market was underdeveloped, and state-owned enterprises heavily relied on bank loans for funding. This led to high non-performing loan ratios for commercial banks and excessive debt for state-owned enterprises. To address these issues, China began implementing debt-for-equity swaps, a policy-based approach aimed at preventing and resolving financial risks.

07 Aug,2024

Earth Research | A Preliminary Analysis of Creditor Rights Protection under the Enterprise Bankruptcy Reorganization "Debt-to-Equity Swap" System

2024-08

Land Research | Supreme People's Court: Providing guarantees to others using family property without the consent of the spouse constitutes unauthorized disposal and is not legally binding on the spouse.

Author(s): Chen Xia, Liang Yu Yi. Summary of the ruling: When one spouse acts as a guarantor and signs a guarantee contract, they do not need to obtain consent from their spouse, who is a co-owner of the property, when providing the guarantee.

16 Aug,2024

Land Research | Supreme People's Court: Providing guarantees to others using family property without the consent of the spouse constitutes unauthorized disposal and is not legally binding on the spouse.

2024-08

Land Research | How to calculate the statute of limitations for subrogation claims arising from installment payments in anti-guarantee?

In the complex world of law, counter-guarantee stands out as a unique landscape. It is not only about the intricate relationship between debt and guarantee, but also an important part of the rights game between creditors, debtors, and guarantors. After a guarantor assumes the guarantee responsibility, they obtain the right of recourse against the debtor. So, if the guarantor assumes the guarantee responsibility in installments, what is the statute of limitations for their right of recourse?

23 Aug,2024

Land Research | How to calculate the statute of limitations for subrogation claims arising from installment payments in anti-guarantee?

2024-08

Earth Research | Interpretation of the issue of burden of proof allocation in disputes concerning the subrogation right of creditors

Authors: Chen Xia, Liang Yu. Currently, with the large number of commercial disputes, cases involving subrogation disputes are emerging endlessly.

29 Aug,2024

Earth Research | Interpretation of the issue of burden of proof allocation in disputes concerning the subrogation right of creditors

2024-09

Earth Research | Can a guarantor of an equity assignment guarantee sue to request the People's Court to confirm its shareholder status

Equity assignment guarantee is an atypical guarantee. Its advantages lie in its flexibility and security. It can maximize the protection of the value of the equity used as collateral without infringing on the actual shareholder's operating rights and management rights, by agreeing on specific terms. When the debtor fails to repay the debt,

05 Sep,2024

Earth Research | Can a guarantor of an equity assignment guarantee sue to request the People's Court to confirm its shareholder status

2024-09

Earth Research | Understanding "Assignment for Security" in One Article

Assignment of collateral refers to a type of non-typical guarantee where the debtor or a third party, to guarantee the performance of the debtor's debt, transfers the ownership or other rights of the collateral to the creditor. After the debt is repaid, the collateral should be returned to the debtor or the third party; if the debtor fails to perform, the creditor has the right to be preferentially compensated with the collateral.

13 Sep,2024

Earth Research | Understanding "Assignment for Security" in One Article

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