How to determine the jurisdiction of trust contract disputes
Lawyer's analysis:
because contract dispute Brought up litigation By the defendant's domicile or Contract performance Local People's Court have jurisdiction over 。 How to determine the place of performance needs to be carried out according to law. Parties to the contract The people's court of the place where the defendant has his domicile, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff has his domicile, the place where the subject matter is located and other places actually related to the dispute may be selected by written agreement. In addition, Agreed jurisdiction Rights should not violate the hierarchy Jurisdiction , if the dispute is caused by Trust contract Caused by Immovable property Real right disputes arising from the confirmation, division and neighboring relationship of interests shall be under the exclusive jurisdiction of the court in the place where the real estate is located.
Legal basis:
Article 510 of the Civil Code of the People's Republic of China
[Remedies not stipulated or not clearly stipulated in the contract] After the contract takes effect, if the parties have not stipulated or not clearly stipulated the quality, price or remuneration, place of performance and other contents, they can supplement by agreement;
In case of failure to reach a supplementary agreement, the relevant provisions of the contract shall apply
The amount or transaction habit is determined.
Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.
Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.
