Who has jurisdiction over disputes over the legitimate rights and interests of the conclusion of the

Updated on society 2024-04-27
6 answers
  1. Anonymous users2024-02-08

    You can go to the labor arbitration department first, and if you think that the handling is unreasonable, you can go to the court to apply for a civil lawsuit.

  2. Anonymous users2024-02-07

    The provisions of the court with jurisdiction over contract disputes are as follows: Generally, the people's court of 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 the place where the subject matter is located, as agreed in the contract, is under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed.

    [Legal basis].

    Article 23 of the Civil Procedure Law provides that 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 18 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China provides that where a contract stipulates a place of performance, the agreed place of performance shall be the place of performance of the contract. If there is no agreement on the place of performance in the contract or the agreement is not clear, and 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; 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 location of the party performing the obligation is the place where the party performing the obligation is Hezhan Qingtong performing Hu Gailiang.

    For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed. If the contract has not been actually performed, and the domicile of both parties is not in the place of performance agreed in the contract, the people's court at the place where the defendant is domiciled has jurisdiction.

  3. Anonymous users2024-02-06

    1. How to determine jurisdiction in contract dispute cases.

    In principle, the court at the place where the defendant is located or where the contract is performed has jurisdiction, but the parties may also choose by written agreement. The determination of jurisdiction in contract dispute cases is generally determined on the basis of the following points:

    1.Where the parties have already agreed on jurisdiction, the agreement shall prevail.

    2.When the parties want to agree on jurisdiction, they may, without violating the court-level jurisdiction and exclusive jurisdiction, agree in the written contract 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, and the place where the subject matter is located.

    3.Where the parties have not agreed on jurisdiction, the people's court at the place where the defendant is domiciled or where the contract is performed usually has jurisdiction.

    If the parties have objections to the competent court, they may raise a jurisdictional objection to the court, and the court needs to hear the objections submitted.

    2. Conditions for litigation of contract disputes.

    The provisions of the Civil Procedure Law shall apply to the litigation of contract disputes, and the conditions for the court to accept the civil lawsuit include that the plaintiff has an interest in the contract dispute and has a clear defendant. The following conditions must be met for a prosecution:

    1.The plaintiff is a citizen, legal person or other organization with a direct interest in the case;

    2.There is a clear defendant;

    3.There are specific 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.

    3. How to resolve contract disputes.

    Contract disputes fall under the category of civil disputes, and civil disputes should be resolved through civil means, such as negotiation, mediation, arbitration or litigation.

    1.Negotiation: The parties to the contract settle their disputes through mutual negotiation on an amicable basis.

    2.Mediation: If the parties to the contract cannot reach an agreement, they can request mediation from the relevant institutions. The parties may request the contract management authority, arbitration institution, court, etc. to conduct mediation.

    3.Arbitration: An application to an arbitration institution may be made to an arbitration institution in accordance with the arbitration clause stipulated in the contract or the arbitration agreement reached between the parties after the dispute has arisen.

  4. Anonymous users2024-02-05

    Contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled and where the contract is performed. The parties may also agree that the people's court at the place where the dispute has an actual connection with the dispute shall have jurisdiction, but the provisions of the Civil Procedure Law on hierarchical jurisdiction and exclusive jurisdiction shall not be violated.

    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.

    Civil Procedure Law of the People's Republic of China

    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 land 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.

  5. Anonymous users2024-02-04

    Article 24 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. If the two parties to the purchase and sale of synthetic fiber have agreed on the place of delivery in the contract, the agreed place of delivery shall be the place of performance of the contract; If there is no agreement, the place of performance of the contract shall be determined according to the mode of delivery: if the delivery method is adopted, the place where the goods are delivered shall be the place of performance of the contract; If the self-pick-up method is adopted, the place of pick-up shall be the place of performance of the contract; If the consignment is carried out or the delivery of timber and coal is carried out on behalf of the company, the place where the goods are shipped shall be the place of performance of the contract.

    If the place of actual performance of the purchase and sale contract is inconsistent with the place of delivery agreed in the contract, the place of actual performance shall be the place of performance of the contract. Article 24 of the Civil Procedure Law stipulates that 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.

  6. Anonymous users2024-02-03

    Legal analysis: 1. If the jurisdiction has been agreed upon, the jurisdiction of the agreement shall prevail. 2. Where there is no agreement on jurisdiction, the people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction.

    Legal basis: Civil Litigation 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 shall have jurisdiction over the lawsuit filed due to a contract dispute.

    Civil Procedure Law of the People's Republic of China

    Article 34.

    The 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, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction must not be violated.

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