Civil contract disputes, civil lawsuits, contract disputes

Updated on society 2024-02-09
12 answers
  1. Anonymous users2024-02-05

    You can consult a lawyer now.

    Also, don't worry about the contractor in the future, since there is an intermediary, you know what details of the contract should be clearly explained with the intermediary, preferably in black and white, handprints, etc.

    By the way, you can increase the price, and if it is reasonable, you can go to the relevant provisions of the law.

    If he doesn't pay it, you can take it back.

    And then in the future, pay someone else's money, remember to ask for a receipt or invoice, of course, if someone pays you, you should also issue a receipt or invoice, and one person will keep a copy, and then there will be no such thing as a bite back when you say it, don't trust people too much, and no one can believe it now.

    I don't even believe in myself, and a lot of times you can't think and you do the same way society is.

    When you're trading with somebody else, no one should see it, or you won't be biting back, unless they're in a group.

    Don't trust people in business.

  2. Anonymous users2024-02-04

    At this time, the best way is to find a ** lawyer to help you solve it Now you have no evidence witnesses and 2 don't know how to solve the matter Now you can only find a lawyer to consult

    Talk to them about how they might be able to solve it

  3. Anonymous users2024-02-03

    I am a lawyer, and I solemnly tell you that in this situation, your family will definitely suffer.

    Eat a trench to grow a wisdom, learn more legal knowledge in the future, and you will not suffer!

  4. Anonymous users2024-02-02

    Since they are friends, how can they be so bad?

    Is there any evidence? I really can't go to court to sue him!

  5. Anonymous users2024-02-01

    It's best to find witnesses or evidence, and it's hard to go to court without going to court.

  6. Anonymous users2024-01-31

    Legal Analysis: The relevant laws of the Civil Procedure Law are applicable to contract disputes, as well as other property rights and interests disputes. The court chosen by agreement for jurisdiction should have an actual connection with the dispute, and the agreement should be reflected in writing. Therefore, a civil lawsuit can be filed for contract disputes.

    Legal basis: Article 23 of the Civil Procedure Law of the People's Republic of China Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed.

  7. Anonymous users2024-01-30

    1. Disputes over subrogation 2, right of revocation 3, bounty advertising disputes 4, sales contract disputes 5, real estate development and operation contract disputes 6, power supply, water, gas and heat contract disputes 7, gift contract disputes 8, loan contract disputes 9, borrowing contract disputes 10, lease contract disputes 11, financial leasing contracts 12, contract contracts 13, construction project contracts 14, transportation contracts 15, technology contracts 16, intellectual property contracts 17, custody contracts 18, warehousing contract dispute 19, entrustment contract dispute 20, discipline contract dispute 21, intermediary contract dispute 22, guarantee contract dispute 23, pawn contract dispute 24, insurance contract dispute 25, maritime contract dispute 26, savings deposit contract dispute 27, credit card dispute 28, letter of credit dispute 29, **transaction dispute 30, trust dispute 31, **contract dispute 32, business contract dispute 33, Sino-foreign cooperative exploration and development of natural resources contract dispute 34, agricultural contract dispute 35, Telecom Contract Disputes36, Postal Contract Disputes37, Performance Contract Disputes38, Service Contract Disputes39, Labor Disputes40, Labor (Employment) Contract Disputes.

    1. Jurisdiction over disputes over construction project payments.

    Disputes over construction project payments are under exclusive jurisdiction and are under the jurisdiction of the people's court where the immovable property is located. According to the relevant provisions of the Civil Procedure Law, disputes over rural land contracting and operation contracts, housing lease contracts, construction contracts, and policy-based housing sales contracts shall be subject to jurisdiction determined in accordance with real estate disputes, and the people's court at the place where the immovable property is located shall have jurisdiction.

    2. What are the types of construction contract disputes?

    1) Disputes over construction project survey contracts.

    2) Disputes over construction engineering design contracts.

    3) Construction contract disputes.

    4) Disputes over the priority right to be compensated for the price of construction projects.

    5) Disputes over subcontracts of construction projects.

    6) Construction project supervision contract disputes.

    7) Decoration contract disputes.

    8) Railway construction contract disputes.

    9) Disputes over rural housing construction contracts.

    Civil Procedure Law of the People's Republic of China

    Article 23: The people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction over litigation arising from contract disputes.

    Article 34: Parties to a contract or other property rights and interests dispute may agree in writing to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is located, and other places that have an actual connection with the dispute, but must not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.

  8. Anonymous users2024-01-29

    Legal Analysis: Contract Dispute Litigation: Contract disputes are mainly manifested in the legal facts and the content of the legal relationship that lead to the creation, alteration and termination of the legal relationship of the contract by the subject of the dispute, the contract has no agreement on the place of performance or the agreement is not clear, and the subject matter of the dispute is the payment currency, and the location of the party receiving the currency is the place of performance of the contract; If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed; For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed.

    For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed. Taking the sales contract as an example, if there is no agreement on the place of performance of the contract, if the buyer requires the seller to deliver the goods, because the delivery belongs to the other subject matter mentioned above, the place where the party performing the obligation is located, i.e., the place where the seller is located, is the place where the contract is performed; If the seller requires the buyer to pay, according to the above-mentioned judicial interpretation, if the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed, that is, the seller is the place where the currency is accepted. In the sales contract, unless otherwise agreed, the place of performance of the contract for delivery and payment is the seller, which is beneficial to the seller in terms of litigation jurisdiction.

    Legal basis: Article 23 of the Civil Procedure Law The people's court at the place where the defendant is domiciled or where the contract is performed shall have jurisdiction over a lawsuit arising from a contract dispute.

    Article 34 of the Civil Procedure Law of the People's Republic of China: Parties to a dispute over contracts or other property rights and interests may agree in writing to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is located, and other places that have an actual connection with the dispute, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction must not be violated.

  9. Anonymous users2024-01-28

    Hello: If A has evidence to prove that B threatens A to sign a contract, and there is evidence to prove the fact that A exists, it is a voidable contract.

    It is a revocable agreement.

    Article 54 of the Contract Law provides that one of the following contracts shall have the right to request the people's court or arbitration institution to modify or revoke the following contracts:

    1) It was concluded due to a major misunderstanding;

    2) It is obviously unfair at the time of the conclusion of the contract.

    One party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions.

    In the case of a contract, the injured party has the right to request the people's court or arbitration institution to modify or revoke the contract.

    A voidable contract has the following characteristics:

    1.A voidable contract is valid until it is rescinded.

    2.A voidable contract is generally a contract in which the expression of intent is not true. In both civil law and common law systems, most of the contracts provide that the expression of intent is not true, and the person with the right of rescission can request the rescission of the contract.

    3.The rescission of a voidable contract is to be achieved by the person with the right of rescission by exercising the right of rescission.

    A voidable contract is similar to an invalid contract, for example, the contract will be invalid from the beginning because it is confirmed invalid or revoked, but the two are two different concepts. Voidable contracts mainly involve contracts with untrue intentions, while invalid contracts are mainly contracts that violate the mandatory provisions of the law and the public interest; A voidable contract is valid until it is rescinded, whereas an invalid contract is invalid ab initio; The right of rescission in a voidable contract is time-limited, and the first paragraph of Article 55 of this Law stipulates that the party with the right of rescission shall have the right of rescission within one year from the time of the conclusion of the contract; The person with the right of rescission in a voidable contract has the right to choose, he can apply for rescission of the contract, or he can let the contract continue to be valid, he can apply for modification of the contract, or he can apply for rescission of the contract, and the invalid contract is of course invalid, and the parties have no right to choose.

  10. Anonymous users2024-01-27

    It's not enough to just say it, let's find evidence.

  11. Anonymous users2024-01-26

    It is necessary to see if the evidence is sufficient.

  12. Anonymous users2024-01-25

    Liquidated damages are not a necessary clause in the contract, and a contract is valid without a liquidated damages clause. The other party's request for a price increase is a breach of contract, but since March has not yet arrived, the other party's unilateral price increase has not yet become a fact, and it has not caused any loss to you, so the time to sue has not yet come. Because you have not agreed on a liquidated damages clause, if the other party breaches the contract and the contract cannot be performed, you can ask the other party to compensate for the loss.

    Loss here includes both the loss of existing benefits and the loss of available benefits. Therefore, you can either insist on not increasing the rent and wait for the other party to sue and then counterclaim, or you can sue again when the contract cannot be actually performed, that is, the other party will not let you lease. But I think it's more likely to go the second way, because if you don't increase the rent, the other party will generally not sue and will not let you continue to rent the house.

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