典型涉外案例问答.docx

1、涉外离婚/ Foreign divorce 问：2012年9月，法国籍男子Jack（化名）在武汉同王某登记结婚，王某于2013年10月生育一子。2013年12月，王某以Jack不履行丈夫及父亲义务为由向法院提起离婚诉讼，索取50万财产及其子的抚养费用。Jack应如何在中国法院应诉以解决其离婚财产和子女抚养问题？答：Jack应委托中国涉外律师应诉。律师在调查取证过程中发现，王某对夫妻感情破裂应负主要责任并已转移和藏匿近40万财产，且Jack并非王安的亲生父亲。在律师建议下，Jack提起反诉，申请法院调查王某的银行账户以追回被转移的财产并且索取损害赔偿。迫于压力，王某放弃了部分诉求，同Jack达成了离婚调解协议。Question: In September 2012, a French man, working in Wuhan and named as Jack (a pseudonym), got married with Mrs. Wang who gave birth to a boy in October 2013. In December 2013, Mrs. Wang instituted the divorce proceeding in Wuhan local court to charge 500,000 Yuan and the child support on the grounds that Jack hadnt fulfilled the obligation as the husband and father. How should Jack respond to the litigation to resolve the problems of divorce, property and custody of child in China? Answer: Jack should commission the Chinese lawyer as the legal representative of litigation. In the course of investigation and evidence collection, the lawyer found that Mrs. Wang, who should take the main responsibility for the breakdown of the marriage, had transferred and concealed the property of nearly 400,000 Yuan, and Jack was not the biological father of the child. On the advice of the lawyer, Jack filed a counterclaim and applied to the court to investigate Mrs. Wangs bank account to recover the transferred property and seek damage compensation. Under pressure, Mrs. Wang gave up some appeals and reached a divorce mediation agreement with Jack.2、涉外交通事故/ Foreign traffic accident问：2013年4月，李某步行至武汉大学后门处，被外国留学生Jone(化名)驾驶的无牌照摩托车撞伤，Jone负事故全部责任。Jone在中国境内没有财产，且即将毕业回国，李某应如何索取人身损害赔偿金？答：若不能在中国境内索取到赔偿金，则会涉及到境外财产的调查与执行，会给李某增加不必要的诉累。律师建议李某向法院依法申请限制Jone出境，迫使Jone在中国境内对李某进行赔偿，最终二人达成了调解协议。Question: In April 2013, Mrs. Li was walking at the back gate of Wuhan University when she was injured by the motorcycle which Jone (a pseudonym), a foreign student, were driving without a license. Jone should bear the full responsibility for the accident. Jone had no property in China and was about to graduate from the university to go back to his own country. How should Mrs. Li ask for the compensation? Answer: If Mrs. Li couldnt obtain the compensation in China, the case would involve overseas property investigation and enforcement, which meant a lot of additional procedures. The lawyer advised Mrs. Li to apply to the court to set exit restriction on Jone in order to force him to pay the money in China. The amount of compensation was determined ultimately after repeated consultations and the legitimate rights and interests of Mrs. Li were safeguarded.3、涉外律师见证/ Foreign lawyers witness问：2014年4月，乔某准备在澳洲购房置业，按照澳洲法律规定，购房者需要出具律师见证文件。2014年6月，张某被新加坡一所高校录取，拟签订相关入学协议；按照新加坡法律要求，该协议的相关内容需要律师见证。当事人应如何办理涉外律师见证？答：当事人应委托专业涉外律师，律师依法审查当事人提供的涉外英文法律文件并作出律师见证。涉外律师见证服务通常包括：1、涉及出国留学、出国工作、海外投资、海外置业及其他事项；2、见证内容涉及当事人签名、学历真实性、证件真实性、相关法律文件真实性、身份真实性等。Question: In April 2014, Mr. Qiao planned to buy a house in Australia. According to Australian law, the house buyers should present the documents issued by lawyers. In June 2014, Miss. Zhang was admitted to a university in Singapore and should be entered into relevant admission agreements. In accordance with the requirements of the laws of Singapore, the content of the agreements should be witnessed by lawyers. How should they get the foreign lawyers witness? Answer: They should commission professional foreign lawyers who should review the English documents provided by them and provide legal witness according to the law. Foreign lawyers witness services typically include: 1, study abroad, work abroad, overseas investment, overseas property and other matters; 2, the authenticity of sign, academic, license, legal documents, identity, etc.4、外资并购/ Foreign mergers and acquisitions问：2013年11月，一家香港公司拟收购武汉一家公司，但该香港公司不知中国大陆关于涉外公司收购的相关法律规定、工作流程以及被收购公司（目标公司）的法律和财务状况，应如何寻求法律帮助？答：香港公司应委托武汉本地的涉外律师事务所提供法律服务，包括收购内资公司的法律规定、工作流程、目标公司尽职调查和收购方案等。Question: In November 2013, a Hong Kong company who intended to acquire a Wuhan company had no knowledge about the relevant law provisions in mainland China, the workflow, or the financial situations of the acquired company (target company). How could they get relevant legal services? Answer: The Hong Kong company