How the law stipulates how contractual disputes should be handled

The handling of contract disputes is: negotiation and consultation in accordance with the law, and a settlement agreement is reached on the basis of consensus; Facilitate the parties to reach a settlement agreement through the efforts of a neutral third party; Submit to an arbitration institution for arbitration in accordance with the arbitration agreement; File a lawsuit with the people's court.

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Article 2 of the Arbitration Law.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 125 of the Civil Procedure Law.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

1. In the event of a contract dispute, the applicant shall first negotiate privately to guess the reason, and if the negotiation fails, he may apply for arbitration or file a civil lawsuit in accordance with the provisions of the contract. The parties sue to the people's court for mediation of contract disputes suitable for mediation, except where mediation is refused or is not suitable for mediation.

2. Legal basis:

Article 2 of the Arbitration Law provides that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

Code of Civil Procedure

Article 120: Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the party refuses to mediate.

Article 244.

Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

1. What should the parties pay attention to when terminating the contract?

1. In order to avoid the risk of performance of the contract and grasp the initiative to terminate the contract, the parties may agree in advance on the occurrence of facts that can lead to the termination of the contract during the performance of the contract, for example, it is clearly stipulated in the contract that Party B has the right to terminate the contract when Party A has any behaviors, and conversely, Party A also has the right to terminate the contract when Party B has any breach of contract. Such a clear agreement in the contract can play a positive role in promoting the timely and comprehensive performance of the contract by both parties on the one hand, and on the other hand, it can also effectively avoid the occurrence of contract disputes and make the responsibilities of the parties to the contract clearer. This approach is particularly important for contracts with relatively large subject matter and longer performance periods.

2. In the course of the performance of the contract, if there are some objective circumstances that are not conducive to the performance of the contract, or if the parties are indeed unwilling to perform the contract and do not belong to the applicable circumstances of agreed termination or statutory termination, the party requesting to terminate the contract shall promptly express its intention to terminate the contract to the other party, and promptly inform the other party in writing of its intention to fail to perform the contract and request to terminate the contract as soon as possible, so as to obtain the sympathy and understanding of the other party through friendly negotiation. In line with the original intention of not causing losses to the other party or causing losses to the other party as little as possible, we put forward positive suggestions for resolving the issue of the termination of the contract and the legal consequences of the termination, and on the basis of obtaining the consent of the other party and finally reaching an agreement to terminate the contract, we strive to terminate the contractual relationship between the two parties by agreement, and do not ignore the performance of the contract or unilaterally tear up the agreement without authorization.

3. In the event of force majeure, serious breach of contract by the other party and other statutory circumstances for terminating the contract, the party claiming to terminate the contract shall promptly notify the other party in writing of the intention to terminate the contract, and the contract shall be terminated when the notice reaches the other party. In order to protect their legitimate interests and deal with possible litigation disputes, they should also pay attention to obtaining and retaining relevant evidence, such as proof of force majeure, evidence of serious breach of contract by the other party, evidence of reasonable demand, etc.

In judicial practice, contract disputes are a very common dispute. In the event of a contract dispute, either one party refuses to perform the contract or the performance of the contract does not conform to the agreement, or the parties to the contract have a disagreement on the performance of the contract and do not reach an agreement. So what should everyone do when they encounter this situation?

According to the provisions of China's Contract Law, the parties can resolve contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement.

If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court. Through the above provisions, you can find that there are four ways to deal with contract disputes: reconciliation, mediation, arbitration and litigation, and you can choose a more suitable way to deal with them according to your actual situation and the agreement of the contract. Legal basis:

Article 128 of the Contract Law of the People's Republic of China The parties may resolve contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement.

If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court. The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.

Hello, the content of the agreement can be discussed. If there is a problem, the dispute can be resolved by litigation.