How to deal with contract disputes, and how to deal with contract disputes

The parties to the contract are citizens, legal persons or other organizations that are equal subjects, and the contractual act is a civil legal act, so the contract dispute is essentially a civil dispute. Civil disputes should be resolved through civil means, such as negotiation, mediation, arbitration or litigation. The civil method is different from the administrative method and the criminal method, and the administrative method is to directly intervene in contract disputes through administrative means, which is inconsistent with the concept of equality in contract law.

In the era of the planned economy, there was a large amount of administrative intervention, which still existed, contrary to the requirements of China's socialist market economy, and the criminal method is that the state resolves contract disputes through criminal means, and once a contract needs to be resolved by criminal means, it cannot be called a contract dispute, but a criminal case. There are many cases of fraud using contracts, and such cases should be treated as fraud cases, not ordinary contract disputes. Contract disputes refer to all disputes between the parties to a contract arising from the validity, interpretation, performance, modification, and termination of the contract.

The content of contract disputes is mainly manifested in the fact that the parties to the dispute have different views and opinions on the legal facts and the content of the legal relationship that lead to the creation, modification and termination of the contractual legal relationship. The scope of a contract dispute covers the entire process of a contract from its formation to its termination.

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.

In the event of a contract dispute, the parties may negotiate, and if the parties to the contract cannot reach a consensus through consultation, they may request mediation by the relevant institutions.

Here's how to deal with it:

1. Mediation. If the parties to the contract cannot reach a consensus through consensus, they may request mediation by relevant institutions, and the parties may also request the contract management authority, arbitration institution, court, etc. to mediate.

2. Arbitration. If the parties to the contract fail to negotiate and are unwilling to mediate, they may apply to the arbitration institution for arbitration in accordance with the arbitration clause stipulated in the contract or the arbitration agreement reached between the two parties after the dispute arises.

3. 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 basis] Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and that the obligor has been damaged. Where the law provides otherwise, follow the provisions on lead destruction.

However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Legal analysis: 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. In arbitration, if the parties to the contract fail to negotiate 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 occurs.

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

In addition to the general characteristics mentioned above, some contracts also have a voluntary characteristic, such as foreign-related contract disputes, which may be resolved by invoking foreign law rather than the relevant Chinese contract law.

Legal basis: Article 466 of the Civil Code of the People's Republic of China: Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law. If the contract text is concluded in two or more languages and the agreement has the same effect, the words and phrases used in each text are presumed to have the same meaning.

Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, and purpose of the contract, as well as the principle of good faith.

In the event of a contract dispute, it can be dealt with in the following ways: 1. Negotiation, the parties to the contract resolve the dispute through mutual negotiation on an amicable basis, which is the best way to raise the mu. 2. Mediation, if the party cannot reach a consensus through negotiation, he can request the relevant agency to mediate.

3. Litigation, collect relevant evidence and file a lawsuit with the court.

Legal basis: Article 119 of the Civil Procedure Law: 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.

Disputes arising from contracts can be handled through negotiation, mediation, arbitration, and litigation. The premise of applying for arbitration is that the parties cannot reach an agreement and are unwilling to mediate, and there needs to be an arbitration clause in the contract. If there is no arbitration clause, or no arbitration agreement is reached, a lawsuit may be filed in court.

Article 500 of the Civil Code 6868 A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, the provisions shall be followed. Failure to go through the formalities such as approval and affect the effectiveness of the contract shall not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

Where a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

What should I do in the event of contract rectification? Contract disputes are not subject to the management of the police code, the court is regulated, and the negotiation cannot be sued directly.