What are the procedures for suing contract disputes

1、 Prosecution contract dispute What are the processes?

1. Sort out the case collection evidence Existing evidence includes contracts and Contract performance It is required to be the original of the relevant materials of. If these materials are not original, let lawyer Review whether it will affect litigation result.

2. OK have jurisdiction over For contract disputes, the jurisdiction of the court can be divided into Agreed jurisdiction And statutory jurisdiction. If there are effective terms agreed by the competent court in the contract, the court agreed in the contract shall be the competent court. If there is no agreement on jurisdiction, it shall be subject to legal jurisdiction. According to《 civil procedure law 》The defendant's domicile or the place where the contract is performed shall be the place for prosecution.

3. It is recommended to hire lawyers for complex cases and cases in different places to avoid being penny wise and pound foolish. At the same time, we suggest that we try our best to engage professionals in contract disputes agent In order to better safeguard the rights of the parties.

4. Prepare for the court session If a lawyer is hired, the lawyer will go to the court for you Filing a case 。 The court will notify the hearing by summons when the hearing time is determined. Before the court session, you should communicate with the attorney to determine whether you need to speak in court and what precautions you should take when speaking.

According to Article 23 of the Civil Procedure Law of the People's Republic of China, 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.

Preparation for civil action: civil Indictment , the other party ID Copy (for enterprises: Business license ）, evidence list and evidence materials (i.e. the other party arrears Evidence).

The people's court will decide whether to accept and file the case within seven days after receiving the prosecution materials. If it is not accepted, it will make a ruling; If you are not satisfied with the ruling, you may appeal.

After the case is accepted and filed, time will be arranged Hearing 。 If the ordinary procedure is applied, the people's court will conclude the trial within six months from the date of filing the case. If there are special circumstances, the trial may be extended upon approval, and the court will issue deferred trial Notice.

The people's court will make a judgment according to law and issue paper of civil judgment ; judgment The result of the judgment and the reasons for making the judgment will be stated in.

If a party refuses to accept the judgment, he may appeal to the people's court at the next higher level within 15 days after receiving the written judgment.

2、 What are the legal provisions governing the contract?

1. A lawsuit brought for a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant is domiciled if the contract has not been actually performed and neither party's domicile is in the place of performance agreed in the contract.

two Purchase and Sales Contract The place of performance is generally the place of transaction mentioned in the contract, and the actual place of transaction shall prevail if not specified in the contract.

three Processing contract , the place of performance of the contract shall be the place of processing, unless the place of performance is specified in the contract.

four Property lease contract 、 Finance lease contract The place where the lease item is used shall be the place of performance of the contract, except where the place of performance is stipulated in the contract.

5. Compensation Trade contract The place where the main obligations of the party receiving the investment are performed is the place where the contract is performed.

6. The agreement in the written contract stipulated in Article 25 of the Civil Procedure Law refers to the agreement in the contract Agreement jurisdiction Clause or the agreement reached before litigation to choose jurisdiction.

7. If the agreement between the parties to the contract to choose jurisdiction is not clear or two or more of the people's courts specified in Article 25 of the Civil Procedure Law choose jurisdiction, the agreement to choose jurisdiction is invalid, and jurisdiction shall be determined in accordance with Article 24 of the Civil Procedure Law.

8. Cause insurance contract If the subject matter of the insurance is a means of transport or goods in transit, the lawsuit brought by the dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the means of transport is registered, the place of transport destination, or the place where the insured accident occurred.

9. Property of others caused by unqualified products Personal injury Litigation filed, the place where the product is manufactured, the place where the product is sold Tortious conduct Both the people's court of the place where the defendant is domiciled and the people's court of the place where the defendant is domiciled Jurisdiction 。

ten Railway transportation contract Disputes and infringement disputes related to railway transportation shall be under the jurisdiction of the railway transportation court.

The law governing the contract stipulates that if a lawsuit is brought because of a contract dispute, it is generally handled by the defendant's local court. The processing contract is generally handled by the local court in the processing place. At the same time, the property lease contract is generally handled by the local court where the lease is used. Contract disputes related to railway transportation shall be handled by the railway transportation court.