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FAQ · Frequently Asked Questions

Cross-border legal FAQs by country (click to expand)

诉讼与债务追收

What is the statute of limitations for collecting a debt in the US?美国

Limitation periods vary by state, commonly 2-6 years; confirm early and preserve evidence.

What is the limitation period for collecting a debt in Canada?加拿大

Limitation periods vary by province, commonly 2-6 years.

What is the limitation period for collecting a debt in Australia?澳大利亚

Limitation for commercial debts is typically 6 years; start early.

What is the limitation period for collecting a debt in Singapore?新加坡

Limitation for debts is typically 6 years.

What is the limitation period for collecting a debt in the UK?英国

Limitation for commercial debts is typically 6 years.

What is the limitation period for collecting a debt in Hong Kong?香港

Under the Limitation Ordinance, the limitation period for debts is generally 6 years; start early and preserve evidence.

What is the limitation period for collecting a debt in Germany?德国

General claims lapse after 3 years, running from year-end after maturity; acting late can bar the claim.

What is the limitation period for collecting a debt in Japan?日本

General claims lapse after 5 years following the 2020 Civil Code reform.

What matters when collecting a debt in Dubai?阿联酋

Dubai's legal environment is creditor-friendly, but bank and fund-flow tracing needs court processes — preserve evidence early and evaluate the DIFC route.

What is the limitation period for collecting a debt in New Zealand?新西兰

The limitation period for debts is generally 6 years.

What is the limitation period for collecting a debt in Malaysia?马来西亚

The limitation period for debts is generally 6 years.

What is the limitation period for collecting a debt in France?法国

General claims lapse after 5 years.

What is the limitation period for collecting a debt in Switzerland?瑞士

General claims lapse after 10 years (Art. 127 Code of Obligations).

What is the limitation period for collecting a debt in South Korea?韩国

Commercial claims generally lapse after 5 years and general claims after 10; confirm by claim type.

What is the limitation period for collecting a debt in Thailand?泰国

General contractual claims lapse after 10 years.

What is the limitation period for collecting a debt in Vietnam?越南

Under the 2015 Civil Code, contract claims lapse after 3 years — start early.

What is the limitation period for collecting a debt in the Netherlands?荷兰

General contractual claims lapse after 5 years.

What is the limitation period for collecting a debt in Italy?意大利

General claims lapse after 10 years.

What is the limitation period for collecting a debt in Spain?西班牙

General claims lapse after 5 years.

What is the limitation period for collecting a debt in Brazil?巴西

General contractual claims lapse after 10 years.

What is the limitation period for collecting a debt in India?印度

Contract debts generally lapse after 3 years.

What is the limitation period for collecting a debt in Ireland?爱尔兰

Contract debts generally lapse after 6 years.

继承与家族资产

What procedure applies when a Chinese citizen inherits US property?美国

Probate is usually required; Chinese notarised documents do not replace local procedure, and local counsel is needed.

Can foreigners inherit property in Thailand?泰国

Foreigners generally cannot directly own Thai land; special rules apply to inherited property — handle case-by-case with local counsel.

通用问题

Can a Chinese judgment be enforced in the United States?美国

Most states recognise foreign money judgments without requiring reciprocity, but rules differ by state; apply for recognition in the local court and assess early.

Can a Chinese judgment be enforced in Canada?加拿大

Common-law provinces have settled foreign-judgment rules, mostly without reciprocity; apply for recognition under provincial procedure.

Is there an estate tax in Canada?加拿大

No estate tax, but deemed disposition at death can trigger capital gains tax — plan ahead.

Can a Chinese judgment be enforced in Australia?澳大利亚

Enforcement follows state Foreign Judgments Acts and common law — a settled path; apply for recognition in the local court.

Is there an inheritance tax in Australia?澳大利亚

No inheritance tax, but selling inherited property may trigger capital gains tax.

Can a Chinese judgment be enforced in Singapore?新加坡

Singapore is a common-law system with a mature foreign-judgment enforcement path; apply for recognition in the local court.

Are arbitral awards easy to enforce in Singapore?新加坡

Awards enforce under the New York Convention — fast and predictable, a common route for cross-border disputes.

Can a Chinese judgment be enforced in the UK?英国

Enforcement follows the Foreign Judgments Act and common law; apply for recognition in the local court.

Is UK inheritance tax high?英国

Inheritance tax reaches 40% — planning windows matter.

Can a mainland Chinese judgment be enforced in Hong Kong?香港

Since 29 January 2024, the Mainland–Hong Kong Arrangement on Recognition and Enforcement of Civil and Commercial Judgments allows most mainland judgments to be recognised and enforced in Hong Kong courts, no longer limited to jurisdiction-agreement cases.

Is there an estate tax in Hong Kong?香港

No estate, gift or capital gains tax applies in Hong Kong; cross-border inheritance mainly concerns probate and the linkage of mainland notarised documents.

Can a Chinese judgment be enforced in Germany?德国

There is no bilateral treaty; German courts review foreign judgments case-by-case under §328 ZPO (including reciprocity), so outcomes vary and re-litigation is common — assess first.

Is German inheritance tax high?德国

German inheritance tax is progressive by kinship and amount, up to about 50%; spouses enjoy a high allowance, so early planning matters.

Can a Chinese judgment be enforced in Japan?日本

Japanese courts review foreign judgments under Art. 118 CCP, requiring reciprocity among other conditions; China–Japan recognition practice faces hurdles, so re-litigation is common.

Is Japanese inheritance tax high?日本

Japanese inheritance tax can reach about 55%; spouses enjoy a basic allowance of JPY 160 million, making early planning essential.

Can a Chinese judgment be enforced in the UAE?阿联酋

The 2004 China–UAE judicial assistance treaty covers judgment recognition and enforcement; applications go to UAE courts, with the federal and DIFC routes differing in efficiency — assess first.

Is there an estate tax in the UAE?阿联酋

No estate tax applies; since 2020 non-Muslims inherit under codified rules and may inherit by will, while Muslims follow Islamic inheritance rules.

Can a Chinese judgment be enforced in New Zealand?新西兰

The Reciprocal Enforcement of Judgments Act covers designated countries only; China is not on the list, so re-litigation at common law is usual.

Is there an estate tax in New Zealand?新西兰

No estate, gift or capital gains tax applies; cross-border inheritance mainly concerns probate and document legalisation.

Can a Chinese judgment be enforced in Malaysia?马来西亚

The Reciprocal Enforcement of Judgments Act 1958 covers Commonwealth and designated countries only; China is not on the list, so re-litigation at common law is usual.

Is there an estate tax in Malaysia?马来西亚

Estate duty has been abolished; note the dual Muslim / non-Muslim succession systems.

Can a Chinese judgment be enforced in France?法国

No bilateral treaty exists; French courts review foreign judgments case-by-case under private-international-law rules — a settled regime, but assess each case.

Is French inheritance tax high?法国

French inheritance tax reaches about 45% for direct descendants; spouses are exempt, and property succession involves notarial procedures — plan early.

Can a Chinese judgment be enforced in Switzerland?瑞士

The 1988 China–Switzerland judicial assistance treaty covers recognition and enforcement of civil and commercial judgments; apply under Art. 25–32 PILA.

How does Swiss estate tax work?瑞士

No federal estate tax; cantonal estate taxes vary widely, so plan according to the canton of residence.

Can a Chinese judgment be enforced in South Korea?韩国

Korean courts review foreign judgments under Art. 217 CCP with strict reciprocity; China–Korea recognition practice faces hurdles, so re-litigation is common.

Is Korean inheritance tax high?韩国

Korean inheritance tax is high, top bracket around 40-50%; spouses have an allowance, and planning under current law matters.

Can a Chinese judgment be enforced in Thailand?泰国

Thailand does not recognise foreign judgments; re-litigation in Thai courts is required, with the Chinese judgment usable as reference evidence.

Can a Chinese judgment be enforced in Vietnam?越南

Under the 1998 China–Vietnam judicial assistance treaty, civil and commercial judgments may be recognised and enforced, with the application reviewed by the Supreme People's Procuracy and assigned to a court.

Is there an inheritance tax in Vietnam?越南

No inheritance tax is levied in Vietnam.

Can a Chinese judgment be enforced in the Netherlands?荷兰

Under Art. 431 of the Dutch Code of Civil Procedure, foreign judgments are not directly enforceable absent a treaty — re-litigation is usually required.

Is Dutch inheritance tax high?荷兰

Dutch inheritance tax reaches about 40%, with different rates for spouses and children — plan early.

Can a Chinese judgment be enforced in Italy?意大利

No bilateral treaty exists; foreign judgments are reviewed for recognition case-by-case under Law 218/1995.

Is Italian inheritance tax high?意大利

Italian inheritance tax is low: about 4% for spouses and direct descendants, 6-8% for other relatives.

Can a Chinese judgment be enforced in Spain?西班牙

The 1992 China–Spain judicial assistance treaty covers recognition and enforcement of civil and commercial judgments; apply under the treaty.

Is Spanish inheritance tax high?西班牙

Spanish inheritance tax varies widely by autonomous community; the state rate reaches about 34%, with significant reliefs in some regions — assess by property location.

Can a Chinese judgment be enforced in Brazil?巴西

Foreign judgments must first be homologated by the Superior Court of Justice (STJ); no dedicated China–Brazil civil judgment treaty exists and the procedure takes time.

Is Brazilian inheritance tax high?巴西

Brazilian inheritance tax (ITCMD) is state-level at about 4-8%, varying by state.

Can a Chinese judgment be enforced in India?印度

Without reciprocity arrangements, re-litigation in India is usual, with the foreign judgment reviewed under s.13 CPC and usable as evidence.

Is there an inheritance tax in India?印度

India abolished inheritance tax in 1985.

Can a Chinese judgment be enforced in Ireland?爱尔兰

No bilateral treaty exists; non-EU foreign judgments are usually re-litigated at common law in Ireland.

Is Irish inheritance tax high?爱尔兰

Irish Capital Acquisitions Tax (CAT) reaches 33%, with a high spouse allowance.