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How to Determine the Jurisdiction of the Assignment of Creditor's Rights and Debts

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How to Determine the Jurisdiction of the Assignment of Creditor's Rights and Debts


        

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  • 2024-05-26 01:01:22

    1. The general principle of territorial jurisdiction over the assignment of creditor's rights. The general principle that the plaintiff is the defendant shall be under the jurisdiction of the people's court in the place where the defendant is domiciled.

    2. The special principle of territorial jurisdiction over the assignment of creditor's rights. The so-called special territorial jurisdiction over the assignment of creditor's rights refers to the jurisdiction determined according to the litigation object or the location of the object, that is, the jurisdiction of the people's court in the place where the contract is performed.

    3. Principles governing the assignment of creditor's rights. Agreed jurisdiction, also known as agreed jurisdiction, reflects the true intention of the parties to settle the dispute jurisdiction before signing and performing the contract. It can be seen that the court should follow the agreement of both parties when accepting such cases.

    [Legal basis] According to Article 23 of the Civil Procedure Law, a lawsuit arising from 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.

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