Contract Dispute Resolution 50, Contract Dispute Resolution

1. If your rental contract has not expired but is about to expire, the landlord has the right to advertise that you are going to rent the house, as long as it does not affect your normal life;

2. If your contract has not expired, the landlord cannot take people to see the house at will, and you need to get your permission to see the house, otherwise you can claim compensation from the landlord if you violate your personal and property safety and cause losses;

4. If your rent is not due, the landlord has signed a lease contract with someone else, and requires you to vacate the house, the landlord constitutes a breach of contract, you have the right not to vacate the house, and have the right to require the landlord to bear the liability for breach of contract, if the landlord dares to touch your private property, it is an infringement of property, you can call the police, and you can sue the landlord to bear the liability for breach of contract;

5. If your contract is still within the lease period, the landlord just signed a lease contract with someone else, and did not evict you, it is not illegal, as for the person who signed the new contract can not use the house, it is his business with the landlord, it has nothing to do with you, he and the landlord to solve, if he looks for you, you can completely ignore it.

The terms of the contract that have been signed are fulfilled, and if the negotiation is unsuccessful, civil disputes can be sued in court.

What does it have to do with you when the landlord advertises a rental house? This has nothing to do with the breach of the contract term!

Only if the landlord wants you to vacate the house before the expiration date does it have anything to do with you, and at that time it constitutes a breach of contract. Secondly, is it because you don't have a good relationship with the landlord, or you don't plan to renew? If there is no problem with the landlord and you plan to renew the lease, you should tell the landlord that you do not have to find a tenant and that you have the priority to continue renting.

You can refuse to give the house to the new tenant, and the contract time is up to hand over the house, the right to use the house before the contract expires is yours, and there is a rent contract to protect your rights and interests!

What should I do in case of a contract dispute? Contract disputes are not managed by the police, but by the courts, and if the negotiation fails, it is sufficient to sue directly.

Legal Analysis: Handling of Contract Disputes: The negotiating parties negotiate to resolve the contract dispute over the base lease; mediation of contract disputes; Arbitration: Arbitration is also known as arbitration; If one of the parties is unwilling to arbitrate, the dispute between the parties cannot be resolved by arbitration, but only by litigation.

Therefore, litigation is the ultimate form of resolving contractual disputes.

Legal basis: Civil Code of the People's Republic of China

Article 233:Where real rights are infringed upon, the rights holder may resolve the matter through conciliation, mediation, arbitration, litigation, or other means.

Article 234:Where disputes arise over the ownership of real rights, content, hairstyles, and respect, interested parties may request confirmation of rights.

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.

Legal Analysis: (1) Negotiation. The settlement of contract disputes through negotiation between the parties refers to a way in which the parties to a contract dispute resolve the contract dispute on their own on the basis of voluntary mutual understanding, in accordance with the relevant national laws, policies and contract agreements, by presenting facts and reasoning, in order to reach a settlement agreement.

2) Mediation. Mediation of contract disputes refers to the activities in which the parties voluntarily under the auspices of a third party (i.e., the mediator) and on the basis of ascertaining the facts and distinguishing right from wrong, the third party explains and persuades the parties to the dispute, so as to promote mutual understanding and mutual concession and reach a settlement agreement, so as to resolve the dispute.

3) Arbitration. Arbitration is also known as arbitration. Contract arbitration, that is, a third party arbitrates the dispute in the contract in accordance with the provisions of the law in accordance with the arbitration clause entered into by the two parties in the contract or the arbitration agreement voluntarily reached.

as a way to resolve contractual disputes. Arbitration is a legal system commonly established in modern countries around the world to resolve disputes, and arbitration of joint disputes is a common practice in commercial and trade activities of various countries.

4) Litigation. After a dispute arises during the performance of the contract. There are 4 ways to resolve disputes:

That is, the parties negotiate and settle on their own, mediate arbitration and litigation. Among them, the arbitration method is very popular with the parties because it is more flexible and simple, the dispute resolution is relatively fast, and the cost is relatively low. However, if one of the parties does not wish to arbitrate, the dispute between the parties cannot be resolved by way of arbitration, but only by litigation.

Therefore, litigation is the ultimate form of resolving contractual disputes.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims and facts, and reasons for reasoning;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: The methods of handling contract disputes are negotiation, mediation, arbitration and litigation. The handling of contract disputes shall be carried out in accordance with law, and where there are no provisions in the law, custom may be applied, but it may not violate public order and good customs. Litigation in the people's courts shall meet the legally-prescribed requirements.

Legal basis: Article 10 of the Civil Code of the People's Republic of China The handling of civil disputes shall be in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

In the event of a contract dispute, it can be handled in the following ways:

1. Negotiation, the parties to the contract on an amicable basis through mutual negotiation to resolve disputes, this is the best way.

2. Mediation, if the parties to the contract cannot reach a consensus, they can request the relevant institutions to mediate.

3. Sue Gao Mu lawsuit, collect relevant evidence and file a lawsuit with the court.

[Legal basis].Article 119 of the Civil Procedure Probation Law.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, a member of the law, or other organizations that have a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.