Processing contract dispute case, processing contract dispute case

1. Mr. Li had a contract with the automobile repair factory, and the contract was signed in oral form.

2. The contract refers to the contract signed by the contractor and the contractor, and the contractor completes a certain amount of work in accordance with the requirements of the contractor, and delivers the work results to the contractor, and the contractor pays remuneration to the contractor.

3. I think the second opinion is more reasonable, the two parties signed a contract, and the automobile repair factory has the obligation to keep Li's car, and the car was burned due to the fire, which infringed on Li's property rights.

4. The specific compensation can only be determined after the court trial, such as the value of the car, lost work expenses, etc.

1. Li Mo has a contract with the auto repair factory. Contract Law Article 10 The parties shall conclude a contract in written, oral and other forms. Where laws and administrative regulations provide for the use of written form, written form shall be used.

Where the parties agree to use written form, it shall be in written form. There is no mandatory provision for the contracting State, so there is a contract.

2.Chapter 15 Contract.

Article 251: A contract is a contract in which the contractor completes the work and delivers the work results in accordance with the requirements of the contractor, and the contractor pays remuneration. The contract includes processing, customization, repair, copying, testing, inspection and other work. In this case, I agree with the second opinion:

This case is a competition between a processing contract dispute and a tort dispute. Mr. Li sent the car to the repair shop for repair, and the repair shop agreed to repair and accept the vehicle, and the contractual relationship between the two parties was established. The repair shop did not pay attention to safety in repairing the car, and burning Li's vehicle was both a breach of contract and an infringement, and Li had the right to choose the application of the law and could require the repair shop to compensate for the damage and suspension of operation.

3 I think that the second view is more reasonable.

4. Li can be compensated for the direct loss of the car and the loss that can be encountered because the car was burned and stopped.

Legal analysis: After the occurrence of a dispute over a processing contract, the parties shall provide relevant evidence of the conclusion, performance, modification and termination of the processing contract, such as the content of the contract, oral agreement and witness testimony, according to the specific circumstances of the dispute; Notarial deeds; change the agreement; Termination of the contract; Technical agreements, technical data, drawings, sealed samples, and materials for quality standards and technical standards for fixed crops; Samples of materials, evidence of specifications and quantities, relevant retention and mortgage agreements, etc. In addition, the performance of the contract and proof shall also be provided, such as the evidence of materials and items provided by the custom-made party, the empty slag consumption list, and the quality certificate; quantity and quality of crops completed; The price paid, various bills, and appraisal certificates; Vouchers for delivery (payment) of custom-made items, etc.

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. 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.

Legal analysis: After the occurrence of a dispute over a processing contract, the parties shall, according to the specific circumstances of the dispute, provide relevant evidence of the conclusion, performance, modification and termination of the processing contract, such as the content of the contract, oral agreement and witness testimony; Notarial deeds; change the agreement; Termination of the contract; Technical agreements, technical data, drawings, sealed samples, and materials for quality standards and technical standards for fixed crops; For processing with materials, provide samples of pure answers, specifications and quantity evidence, relevant retention mortgage agreements, etc. In addition, the performance of the contract and proof shall also be provided, such as the evidence of materials and items, the bill of consumables, and the quality certificate provided by the custom-made party; quantity and quality of crops completed; The price paid, various bills, and appraisal certificates; Vouchers for delivery (payment) of custom-made items, etc.

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. 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.

The court with jurisdiction over disputes over processing contract contracts shall be the people's court at the place where the defendant is domiciled or where the contract is performed; If the parties agree in the processing contract that the people's court at 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 shall have jurisdiction, such agreement shall prevail.

1. Litigation process for online shopping contract disputes.

The parties 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. Where there is no agreement, the people's court for the defendant's domicile or the place where the contract is performed has jurisdiction.

2. Which court has jurisdiction over the derivative litigation of the equity transfer contract?

The court with jurisdiction over a lawsuit derived from an equity transfer contract is generally the people's court at the place where the defendant is domiciled or where the contract is performed. If the contract is not actually performed, and neither party's domicile is in the place of performance agreed in the contract, the people's court at the defendant's domicile shall have jurisdiction.

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 at the place where the defendant is domiciled or where the contract is performed.

Article 34 stipulates that the parties to a contract or other property rights and interests dispute may, by written agreement, 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 are not violated.

3. Whether the contract can be governed by agreement.

The contract of undertaking may be governed by agreement. According to the provisions of the Civil Procedure Law, the parties to a contract or other property rights and interests dispute may, by written agreement, 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 and the place where the subject matter is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, provided that the provisions of this Law on the jurisdiction and exclusive jurisdiction of the congratulatory letter are not violated.

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

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.

Article 34.

The parties to a contract or other property rights and interests dispute may, by written agreement, 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.

Article 35.

Where two or more people's courts have jurisdiction, the plaintiff may file a lawsuit with one of the people's courts; Where the plaintiff files a lawsuit with two or more people's courts with jurisdiction, the people's court that first files the case has jurisdiction.

1. What should I do if there is a dispute over a processing contract?

1. The methods for processing contract disputes include:

1) If a lawsuit is filed due to a contract dispute, the people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction;

2) If the contract is not actually performed, and the domicile of both parties is not the place of performance agreed in the contract, the people's court at the place where the defendant is domiciled shall have jurisdiction;

3) Determination of the specific circumstances of the place of performance of the purchase and sale contract;

4) Processing contract. The place of processing shall be the place of performance of the contract, unless otherwise agreed in the contract on the place of performance;

5) Property lease contract, financial lease contract. The place where the leased property is used shall be the place of performance of the contract, unless otherwise agreed by the parties on the place of performance in the contract.

2. Legal basis: Article 687 of the Civil Code of the People's Republic of China.

Where the parties agree in the guarantee contract that if the debtor fails to perform its obligations, the guarantor shall bear the guarantee liability, it is a general guarantee.

The guarantor of a general guarantee has the right to refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law, except in any of the following circumstances:

1) The debtor's whereabouts are unknown and there is no property available for enforcement;

2) the people's court has accepted the debtor's bankruptcy case;

3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or that it has lost the ability to perform debts;

4) The guarantor waives the rights provided for in this paragraph in writing.

2. What is the general process of handling contract disputes?

1. Negotiation, the parties to the contract on a friendly 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, and if one or both parties are state-owned enterprises, they can request the higher authorities to mediate. The higher-level organ should distinguish between right and wrong and conduct mediation on an equal basis, and should not carry out administrative intervention. The parties may also request the contract management authority, arbitration institution, court, etc. to conduct mediation;

3. In arbitration, if the parties to the contract fail to reach negotiation and are unwilling to mediate, they may apply to the arbitration institution for arbitration according to the arbitration clause stipulated in the contract or the arbitration agreement reached by the two parties after the dispute arises;

4. Litigation: If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract can sue the contract dispute to the court for judicial settlement.

Legal analysis: After the occurrence of a dispute over a processing contract, the parties shall, according to the specific circumstances of the dispute, provide relevant evidence for the conclusion, performance, modification and termination of the processing contract, such as the content of the contract, oral agreement and witness testimony; Notarial deeds;

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which laborers do not exceed eight hours of limb search per day and the average weekly working hours do not exceed forty-four hours.

Article 41 Due to the needs of production and operation, an employer may extend its working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day and shall not exceed thirty-six hours per month under the condition of ensuring the health of the workers.

Legal analysis: After a civil legal dispute arises between the contractor and the contractor due to the rights and obligations agreed in the processing contract, the dispute can be resolved in a variety of ways, such as negotiation, mediation, arbitration and litigation. Next, we will find the law to show you the relevant content of how to solve the dispute in the processing contract.

Legal basis: Article 770 of the Civil Code of the People's Republic of China A contract is a contract in which the contractor completes the work and delivers the work results in accordance with the requirements of the contractor, and the contractor pays remuneration. The contract includes processing, customization, repair, copying, testing, inspection and other work.