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今年新一轮新冠疫情和疫情防控给很多企业的生产和经营活动造成了巨大的影响,企业停工停产,很多合同不能按约履行,由此将引发不少的合同纠纷。本次讲座我们将对上海高院的最新裁判规则进行解读分析,结合具体案例帮助大家了解法院的最新裁判规则,有效应对各类商务合同履行中面临的问题,积极化解合同纠纷,努力防范潜在法律风险。


The prevention and control measures of the new wave of covid-19 this year have had a great impact on the production and business activities of many enterprises. Enterprises have suspended work and production, and numbers of contracts cannot be performed as agreed, which will lead to many contract disputes. In this seminar, we will interpret and analyze the latest judgement rules of Shanghai High Court, and help the audience understand the latest judgement rules of the court based on specific cases to effectively deal with the problems encountered in the performance of various commercial contracts, actively resolve contract disputes, and prevent potential legal risk.


欢迎访问君泽君律师事务所网站:君泽君律师事务所 (junzejun.com)

Agenda

3:00 PM - 4:30 PM
Chinese Session中文场
主要话题(1)法院处理涉疫情合同纠纷案件应遵循的具体裁判原则;(2)合同当事人能否以疫情或者疫情防控措施系不可抗力为由主张免除违约责任?应注意哪些法律风险?(3)因受疫情或疫情防控措施影响,...
主要话题
(1)法院处理涉疫情合同纠纷案件应遵循的具体裁判原则;
(2)合同当事人能否以疫情或者疫情防控措施系不可抗力为由主张免除违约责任?应注意哪些法律风险?
(3)因受疫情或疫情防控措施影响,合同当事人不能按时履约时负有哪些义务?应注意哪些法律风险?
(4)受疫情或者疫情防控措施影响导致买卖合同履行迟延,如出卖人迟延发货等,是否可以适用不可抗力作为免责事由?应注意哪些法律风险?
(5)商业用房承租人能否主张减免疫情期间的房屋租金?应注意哪些法律风险?
(6)疫情期间,出租人能否以商业用房承租人迟延支付租金为由主张解除合同,并要求承租人承担违约责任?应注意哪些法律风险?
(7)居住房屋承租人能否主张减免疫情期间的房屋租金?应注意哪些法律风险?
(8)建设工程因疫情或者疫情防控措施影响而停工的,是否可以适用不可抗力作为免责事由?应注意哪些法律风险?
(9)商铺、酒店、船舶、航空器等承包经营合同由于疫情防控措施造成停业或者客流量明显下降,承包人能否要求变更合同?应注意哪些法律风险?
(10)疫情期间以明显高于市场价格进行交易,如何认定合同效力?应注意哪些法律风险?
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4:45 PM - 6:00 PM
English Session 英文场
Key Topics(1)What specific judgment principles shall be followed by people's courts when handling contract disputes involving the epidemic?(2)Does the epidemic situation or epidemic preventi...
Key Topics
(1)What specific judgment principles shall be followed by people's courts when handling contract disputes involving the epidemic?
(2)Does the epidemic situation or epidemic prevention and control measures constitute a force majeure to waive the liability for breach of contract of the non-performance party? What legal risks should you be aware of?
(3)What obligations shall the parties to a contract assume when they are unable to perform the contract on time due to the impact of the epidemic or the epidemic prevention and control measures? What legal risks should you be aware of?
(4)If the performance of a sales contract is delayed due to the impact of the epidemic situation or epidemic prevention and control measures, for example, the seller delays the delivery of goods, can force majeure be used as an exemption cause? What legal risks should you be aware of?
(5)Can a lessee of commercial housing claim rent reduction or exemption during the epidemic? What legal risks should you be aware of?
(6)During the epidemic period, can a lessor claim for rescission of a contract on the ground of delay in payment by a lessee of a commercial house and request the lessee to bear the liability for breach of contract? What legal risks should you be aware of?
(7)Can a lessee of a residential house claim for reduction or exemption of the rent for the house during the epidemic period? What legal risks should you be aware of?
(8)If a construction project is suspended due to the impact of the epidemic situation or epidemic prevention and control measures, can force majeure be used as a cause for exemption from liability? What legal risks should you be aware of?
(9)Can the contractor request for change of a contract for contracted management of shops, hotels, ships, aircrafts, etc. if business is suspended or passenger flow volume is obviously reduced due to epidemic prevention and control measures? What legal risks should you be aware of?
(10)How to determine the effectiveness of a contract if a transaction is made at a price obviously higher than the market price during the epidemic period? What legal risks should you be aware of?
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Speakers

  • Zhengyang Wang (Senior Partner at Beijing Junzejun (Shanghai) Law Offices)

    Zhengyang Wang

    Senior Partner at Beijing Junzejun (Shanghai) Law Offices

    演讲嘉宾
    王正洋 高级合伙人 律师
    王正洋律师从事法律实务三十余年,曾从事法院审判工作五年。
    执业领域主要包括诉讼仲裁、外商投资、公司法务、企业投融资、并购重组、知识产权和国际贸易。
    王正洋律师擅长代理重大、复杂商事纠纷的诉讼及仲裁,具有丰富的商务谈判经验以及企业法律顾问经验,先后担任三十余家具有相当规模的国内公司和跨国公司的常年法律顾问,包括金融机构、房地产开发企业、能源企业、建筑企业、生产企业、运输企业和贸易公司等。并担任上海国际商会副会长、上海四川商会副会长等职。
    王正洋律师得到国内外广大客户的认可和信赖,荣获“2014 年度客户最青睐的 20 位中国顶级律师”荣誉,荣获2016 年国际法律评估机构 Lawyer Monthly 评选商事仲裁大律师。荣获英国《Acquisition International》杂志2020年杰出顾问奖 - 中国年度最佳商事争议诉讼和仲裁律师。

    Speaker
    Mr. Wang Zhengyang Senior Partner Lawyer
    Mr. Wang has been engaged in legal practice for more than 30 years and worked as a judge for 5 years.
    His practice areas include litigation and arbitration, foreign investment, general corporate affairs, corporate investment and financing, M&A, intellectual property rights and international trade.
    Mr. Wang specializes in handling major, complex civil and commercial litigation and arbitration cases. He has extensive experience in business negotiation and as a corporate legal counsel. He has served as the legal counsel for over 30 domestic and cross-border companies, including financial institutions, real estate development companies, energy companies, construction companies, manufacturers, transportation companies and trading companies. He is also the vice president of the Shanghai International Chamber of Commerce and the vice president of the Shanghai Sichuan Chamber of Commerce.
    Mr. Wang has been widely recognized and trusted by domestic and foreign clients. He was elected as 2014 Client Choice Top 20 lawyers in China of Asia Legal Business (“ALB”), won the “Commercial Arbitration - Lawyer of the Year - China” in the Lawyer Monthly Legal Award 2016, and won the “ Leading Commercial Disputes Litigation and Arbitration Lawyer of the Year, China” in the Acquisition International 2020 Leading Advisor Awards.

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Tickets

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Non-Member
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Venue

君泽君律师事务所 Beijing Junzejun (Shanghai) Law Offices

上海市杨高南路729号陆家嘴世纪金融广场1号楼4002
4002,Tower 1, Lujiazui Century Financial Plaza, No.729 South Yanggao Road, Shanghai

Shanghai, China

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