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How to determine the jurisdiction of trust contract disputes

Time: February 15, 2025 label: Contract affairs contract dispute Reading: 1300 people

Lawyer's analysis:

because contract dispute Brought up litigation By the defendant's domicile or loci solutionis people civil law courtyard have jurisdiction over 。
How to determine the place of performance needs to be carried out according to law.
Parties to the contract The defendant's domicile, place of contract performance place of a contract People's courts in the places where the plaintiff has his domicile, where the subject matter is located and other places actually related to the dispute.
In addition, Agreed jurisdiction Rights should not violate the hierarchy Jurisdiction , if the dispute Because Trust contract Caused by Immovable property Profit confirmation, division Adjacency Caused by Real right dispute Shall be subject to the exclusive jurisdiction of the court 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.

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A lawsuit brought on a contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the contract is performed. How to determine the place of performance needs to be carried out according to law. Copper parties may choose the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the subject matter by written agreement ..... More>>
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Referral lawyer

Lawyer Gu Xu

Shanghai Dehe Hantong (Kunming) Law Firm

Lawyer Gu Xu, who has been engaged in legal work for five years, is mainly good at contract disputes, criminal defense, creditor's rights and debt cases, and has participated in many legal affairs of government agencies and enterprise consultants. He has a team of five lawyers, all of whom are experienced lawyers in handling cases. He has successfully handled many creditor's rights and debt disputes cases and dozens of kilograms of drug cases, He has rich experience in handling criminal cases and always takes it as his duty to do his best to safeguard the legitimate rights and interests of the parties.

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