Some commentators have expressed the view that article 265 of the
Civil Procedure Law might fill this gap with respect to a Chinese courts' bankruptcy jurisdiction over offshore companies, (101) based on the presence of assets, a representative office, or the like.
Hewlett, Adding More Strings to the Bow: The 2012 Amendments to China's
Civil Procedure Law, Jones Day Commentary, (Jan.
Fortunately, the
Civil Procedure Law was revised in 2012 to allow preliminary injunctions if a party's conduct could cause irreparable damage or make judgment more difficult.
Judge Liu Junhua ruled in favor of Lilly, the first intellectual property victory of its kind since the Chinese government enacted a revised
Civil Procedure Law on Jan.
According to him, laws to be revised this year are: Budget Law, Law Concerning the Prevention and Control of Occupational Diseases, Criminal Procedure Law,
Civil Procedure Law,
Civil Procedure Law, Organic Law of Local Governments, and Military Service Law.
New York recodified its
civil procedure law in 1964, the substance of CPA [section] 149 was carried forward into CPLR [section] 2508, but the last sentence of [section] 149 was not re-enacted.
In July 2009, substantial amendments to the Insolvency Law and the
Civil Procedure Law entered into force; consequently, the legal protection proceedings (LPP) have become better available for commercial companies facing temporary financial problems (i.e.
Article 236 of the
Civil Procedure Law 2007 provides that if an international treaty concluded or acceded to by China contains provisions different from those of this Law, the provisions of the international treaty shall apply, except those clauses on which China has announced reservations.
This practice is called "supported litigation" (zhichi qisu) and is authorized under article 15 of the
Civil Procedure Law. (18) This is not, however, quite the same as having standing, and in any case it is hard to see what activities are allowed by article 15 that would not be lawful even in its absence.
In late November the New York Insurance Department issued two circular letters of great importance; the first provided guidance to carriers in implementing the new legislative amendments to Insurance Law Sections 2601 and 3420 and
Civil Procedure Law and Rules Section 3001 (Ch.388, L.2008) concerning the establishment of a "prejudice" standard applicable to late notice of claims; and the second letter gave notice that the Department will require insurers to treat same-sex spouses to marriages legally performed outside of New York to be treated in all respects as spouses for the purposes of the New York Insurance Law.
The authors (both of Loyola Law School) present an instructional casebook on US
civil procedure law. They intersperse some 200 problems through the text, encouraging the student to apply the legal doctrine under discussion.
It acknowledged that asking them to do so would violate their ''professional confidentiality'' as stipulated by the
Civil Procedure Law. It then went on to say that if the act of providing information violated the National Civil Service Law, which requires public servants to protect privileged information, it would constitute an exceptional case.
