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Lawyer Li Qingyu won the 2nd Golden Line Judicial Case Award

2022-03-25 Views:21702

Recently, the list of winners of the 2nd Golden Line Award was released. Li Qingyu from Tahota Law Firm won "Golden Line Judicial Case Award---Real Estate and Construction Engineering" by virtue of "Dispute Case regarding Construction Project Contract between Chongqing Dengta Construction Engineering Co., Ltd. and Guiyang Hongtai Real Estate Development Co., Ltd. (Second Instance)".


Golden Line Judicial Case Award----Real Estate and Construction Engineering

Dispute Case regarding Construction Project Contract between Chongqing Dengta Construction Engineering Co., Ltd. and Guiyang Hongtai Real Estate Development Co., Ltd. (Second Instance)

Award-Winning Reason: This case focuses on the issues regarding the effectiveness of the guarantee provided by the developer's actual controller by means of holding the company's equity in dormant mode during performance of the construction project contract. After the Second Instance of the case by the Supreme People's Court, it is clear that "the person having a benefit-based relationship with the company can be recognized as the actual controller of the company"; "if the equity is pledged but is not registered, although the pledge right is not established, yet this will not affect the effectiveness of the pledge contract itself. The creditor can request the pledgor to bear the responsibility", these opinions have reference significance for loan of funds, commitment guarantee and other issues in the dispute cases of the construction project contract.

Winner: Li Qingyu, lawyer from Tahota Law Firm


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