A and B disputes over lease contracts

The company is a legal person, and the lease contract dispute between the two companies, A and B, is just like the lease contract dispute between two natural persons, which is an ordinary civil contract dispute. Take a look at the connection and difference between economic law and civil law:

1) The connection between economic law and civil law. The relationship between economic law and civil law is the most close, which is mainly manifested in the following: in terms of the object of adjustment, both of them adjust a certain range of economic relations, because the property relationship, which is an important object of adjustment of civil law, is essentially an economic relationship; In terms of legal roles, both economic law and civil law play an important role in protecting the legitimate economic rights and interests of the parties and maintaining a good economic order.

2) The difference between economic law and civil law. The specific adjustment objects are different. Economic law takes the economic relations that occur in the process of managing and coordinating the operation of the national economy as the object of adjustment, which has significant obedience and belongs to the category of public law; The civil law regulates the property relations and personal relations between natural and legal persons as equal subjects, with equality as the basic feature and belongs to the category of private law.

The legal nature is different. Economic law emphasizes the social standard, takes social interests and social responsibilities as the basic principles, and focuses on safeguarding the overall and long-term interests; The civil law highlights the fundamental nature of individual rights, emphasizes the rights, equality and freedom of individuals in society, and can mobilize and protect the enthusiasm and creativity of individuals. Make full use of and embody the market competition mechanism.

The adjustment method is different. The economic law is mainly based on mandatory norms, and comprehensively uses three forms of sanctions: property liability, administrative liability, and criminal liability for illegal acts, which are punitive. The civil law adopts more arbitrary norms, and the parties can freely dispose of their rights in accordance with the law, and adopt the form of civil sanctions for illegal acts, which is compensatory.

Please first understand the relationship between civil and commercial law and economic law.

Legal analysis: Contract dispute litigation refers to the people's court's activities to hear and resolve contract disputes at the request of the parties to the contract and with the participation of all litigation participants, as well as the sum of a series of legal relationships arising therefrom. The content of the dispute involves all aspects of the content of the contract itself, and the content of the dispute is diverse, and almost every aspect related to the contract will give rise to disputes.

Basis of the Law on Legal Sales: Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Construction Contract Dispute Cases Article 6 Where the parties have agreed on the advance and the interest on the advance, and the contractor requests the return of the advance and its interest in accordance with the agreement, it shall be supported, except for the part where the agreed interest calculation standard is higher than the interest rate of the same type of loan for the same period issued by the People's Bank of China. If the parties have no agreement on the advance, it shall be handled in accordance with the arrears of the project.

Where the parties have not agreed on the interest on the advance, and the contractor's request for payment of interest is not supported.

Summary. Entanglements and disputes regarding the rights and obligations of the parties to the real estate lease.

If there is no other dispute or dispute in the lease contract between B and C, it means that there is no dispute or dispute in the lease contract, or what does it mean?

Entanglements and disputes regarding the rights and obligations of the parties to the real estate lease.

No other disputes means that there are still disputes.

To put it simply, both of you are satisfied with the lease contract and agree to all the terms of the contract.

No, it was written after there was a dispute between us, in order to avoid liability, so it was written that there were no other disputes and disputes, so are there any disputes and disputes?

Dear, no.

The absence of other disputes and disputes in the lease contract means that all disputes and disputes in the contract are gone, right?

Yes, dear. There are no other disputes and disputes in the lease contract between B and C, which means that all disputes and disputes in the lease contract are gone, right?

Dear, you had a dispute before, and now you have negotiated again for the dispute, so the previous disputes and disputes are gone, and they don't exist.

I'm afraid that there will be no other disputes, and I think that other disputes are gone. But there's still something in the lease contract! It's missing from the lease contract, isn't it?

Dear, that is, there is no <> in the disputes you had before

There are no other disputes and disputes in the lease contract between Party B, which means that this contract is gone, right? Uh-huh.

Whether the contract of sale is legally valid depends on the circumstances. The requirements for the validity of a sales contract are: (1) both the buyer and the seller have the corresponding capacity for civil conduct; (2) They do not violate the law, do not violate the public interest, public order and good customs; and (3) is a true expression of intent.

A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) the intention is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. , the seller has the following rights:

1) The subject matter of the sale shall belong to the seller or the seller shall have the right to dispose of it; (2) the parties may stipulate in the sales contract that if the buyer fails to perform its obligation to pay the price or other obligations, the ownership of the subject matter belongs to the seller; (3) Where the subject matter of computer software, drawings, etc., which has intellectual property rights sold, the intellectual property rights of the subject matter do not belong to the buyer, except as otherwise provided by law or otherwise agreed by the parties; (4) The seller delivers the subject matter within the agreed time limit. If a delivery period is agreed, the seller may deliver it at any time during the delivery period; (5) If the buyer who pays in installments fails to pay one-fifth of the total price, the seller may require the buyer to pay the full price or terminate the contract; (6) If the seller terminates the contract, it may demand payment of royalties from the buyer for the use of the subject matter; (7) The parties to the trial sale may agree on the trial period of the subject matter. Where there is no agreement on the probationary period or the agreement is not clear, it is to be determined by the seller; (8) The seller enjoys the fruits of the subject matter before delivery.

It basically takes 15 working days. In accordance with the provisions of the relevant laws of our country, if the notary public considers that the supporting materials provided in the application are true, legal and sufficient, and the matters applied for notarization are true and legal, it shall issue a notarial certificate to the person concerned within 15 working days from the date of acceptance of the notarization application. However, due to force majeure, supplementary supporting materials or the need to verify the relevant circumstances, the time required for mu and the company shall not be counted in the time limit.

Through the above, I believe you have a certain understanding of whether the sales contract between Company A and Company B is valid. Whether the contract of sale is legally valid depends on the circumstances. Whether the sales contract meets the requirements for validity.

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 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.

Answer] :d 1) Option A: There should be a clear defendant in the civil lawsuit; (2) Option B:

Litigation arising from the delay in the settlement of the contract shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed; (3) Option C: If a party is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the people's court at the next higher level, Jinzhili within 15 days from the date of service of the judgment.