Practice Areas
Litigation and arbitration of complicated civil and commercial disputes such as contract property rights, maritime and maritime affairs, construction projects, equity financing, financial insurance, legal risk prevention and control of individuals and enterprises, compliance management, and defense of criminal cases.
Main achievements
Since his practice, lawyer Yang Rui has handled hundreds of litigation and arbitration cases and accumulated rich experience in litigation and arbitration. Lawyer Yang Rui insists on taking legal expertise as the basis and dispute resolution as the starting point to provide clients with professional, efficient, scientific and reasonable dispute resolution solutions. Typical cases include:
1. Disputes over the sales contract between a company and Mr. Han and the equity transfer contract between a company and Mr. Li. The case was caused by the unclear investigation of the equity transfer debt of the enterprise, which led to the new shareholder's debt claim before the equity transfer. Lawyer Yang Rui comprehensively analyzed the litigation risk of the two cases, and guided the customer to adopt the litigation idea of 'responding to the lawsuit before the case and preserving the case after the case at the same time', successfully preventing the debtor from transferring property, and the two cases were smoothly connected and implemented in place.
2. An insurance contract dispute between an insurance company in Jiangsu and a company. Through the first instance, the second instance and the retrial, the Jiangsu High Court finally adopted the defense view put forward by lawyer Yang Rui that 'the people's court should first accurately understand the scope of insurance liability stipulated in the insurance clauses through the interpretation of the text and in combination with the Chinese grammar', and rejected all the plaintiff's claims.
3. A dispute between a logistics company and a ship purchase contract of Lin. The main dispute in this case is that the buyer and the seller have different understanding of the deadweight tonnage of the ship in the ship sales contract, which leads to the dispute of the contract price. After full proof and professional reasoning, the court finally supported the customer to recover the full amount of the ship purchase price.
4. A series of contract disputes between a concrete company and a real estate company. A real estate company transferred two properties under the name of its affiliated company to a construction engineering group, and then a construction engineering group transferred them to a concrete company. The real estate was actually delivered to a concrete company, but the property was not transferred for two times. After that, a construction engineering group went bankrupt and liquidated. The affiliated company of a real estate company required a concrete company to return the property on the ground that it was the owner of the house and did not agree to the housing ceiling. Lawyer Yang Rui responded to the lawsuit on behalf of a concrete company, and at the same time filed another lawsuit to request the transfer of ownership. He persuaded the court to judge the client to win the two cases and obtain the property ownership based on the basic legal principle of good faith.
5. A series of disputes between a real estate company and Mr. Yang and other commercial housing sales contracts. The case involves hundreds of buyers in similar situations, with a group character. The main dispute lies in the relationship between the record price of commercial housing published by the competent authority and the commercial housing sales contract. The court adopted the defense opinion put forward by lawyer Yang Rui that the record price of commercial housing is not an element to measure the effectiveness of the commercial housing sales contract, and finally rejected all the plaintiff's claims.
6. A shipping company and an industrial company have a dispute over the transportation contract. The two parties in the case disputed the authenticity of the contract seal. In the case that the other party applied to identify the inconsistency between the company seal and the industrial and commercial record seal in the transportation contract involved in the case, lawyer Yang Rui instructed the client to simultaneously apply for the comparison between the company seal of the other party in the contract involved in the case and the seal of the other company in other contracts, and confirmed that the contract seal involved in the case was inconsistent with the industrial and commercial record seal of the other company, However, the company also used a different seal from its industrial and commercial record in the contract involved in the case and other contracts with the third party. The contract involved in the case was the true intention of the other party. Finally, the court adopted the opinion, recognized the authenticity of the contract, and supported all customer claims.
8. A series of labor disputes between a state-owned machinery factory and an employee. In this case, an employee claimed a huge amount of compensation on the grounds of illegal termination of the labor contract. At the same time, two employees in other similar cases were involved. The factory lost both the arbitration and the first instance. Lawyer Yang Rui insisted that the employee should not pay compensation if the labor contract was terminated due to serious breach of the duty of loyalty. The court adopted this view, rejected all the other party's claims, and avoided huge losses for the state-owned enterprise, It also provides an important reference for enterprise employee relationship management.
9. Ma is suspected of the crime of causing death through negligence. Ma was poisoned by a third person because of the self-made medicinal liquor he sold, and the public security organ filed a case for investigation on the crime of causing death through negligence. After repeated research, investigation and evidence collection, lawyer Yang Rui insisted that Ma had no subjective fault, the death of the victim and the sale of medicinal liquor by Ma had no causal relationship, and the death of the victim was an accident. Finally, the court agreed to apply probation to Ma.
Practicing qualification
Practicing lawyer of the People's Republic of China
Work experience
Lawyer and senior partner of Guantao Law Firm Nanjing Office
Intern and practicing lawyer of Jiangsu Suyuan Law Firm
