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If the contract stipulates the jurisdiction of the court, must we follow the contract

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If the contract stipulates the jurisdiction of the court, must we follow the contract


        

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  • 2024-06-18 22:00:02

    If the contract stipulates the court of jurisdiction, it must be in accordance with the contract, provided that the agreed court does not violate the provisions of the Civil Procedure Law on jurisdiction.

    If both parties have disputes over the contract, they can sue. If there is an agreement on the court of jurisdiction, they usually sue in the agreed court. If there is no agreement on the corresponding court of jurisdiction, they can sue in the court where the defendant is located.

    Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to try a specific case. Litigation in the Civil Procedure Law refers to the litigation behavior that the subject of civil legal relationship requests the court for trial protection in his own name due to the infringement of his own or legally managed and controlled civil rights and interests, or disputes with others. If you want to sue, you generally need to submit a statement of complaint to the court. The statement of complaint generally includes: details of both the plaintiff and the defendant; The claim and the facts and reasons on which it is based; Evidence and source of evidence, name and address of witness. After the bill of complaint is submitted to the court, if the conditions for prosecution are met, the court shall file the case within seven days and notify the relevant parties.

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    Legal basis

    A civil action brought against a citizen under Article 22 of the Civil Procedure Law shall be under the jurisdiction of the people's court in the place where the defendant has his domicile; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's court in the place of his habitual residence. A civil action brought against a legal person or other organization shall be under the jurisdiction of the people's court in the place where the defendant has his domicile. If several defendants in the same lawsuit have their domiciles or habitual residences under the jurisdiction of two or more people's courts, each of those people's courts has jurisdiction.

    Article 35 of the Civil Procedure Law The parties to a dispute over a contract or other property rights and interests may, by a written agreement, choose the people's court of the place where the defendant has his domicile, where the contract is performed, where the contract is signed, where the plaintiff has his domicile, where the subject matter is located and other places that have practical connection with the dispute to exercise jurisdiction, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction shall not be violated.

    Du***

    2024-06-18 22:00:02

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  • law

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