Shop contract disputes, handling shop contract disputes

Sublease requires the consent of the lessor (landlord), and the lessor has the right to terminate the contract if the sublease is made without consent; Regarding the decoration, the decoration must be agreed by the landlord, and the landlord is willing to continue to use the decoration after the expiration date, and the decoration can be discounted, and if you are not willing to use it, the tenant (you) will dismantle it and restore it to its original state. The way to recoup your losses is to continue to lease after the expiration date.

Legal Analysis: Verification of ownership before leasing. Before signing the commercial real estate lease agreement, the tenant needs to verify the original copy of the property ownership certificate of the real estate and check the registration of the house ownership in the housing transaction center if necessary.

Through the review of the lessor's main asset reform, it can be verified whether the lessor of the housing lease agreement is consistent with the owner registered in the property right certificate. At the same time, if the lessor is not the owner of the house, but rents or entrusts the lease, the lessor is required to provide legal documents such as the power of attorney of the house owner; If the rental property is jointly owned by two or more people, the consent or authorization of all the owners of the house is required. By investigating the ownership of the property, it is also possible to confirm whether there are any encumbrances or defects in the rental property.

For example, if the judicial and administrative organs rule or decide to seal up or otherwise restrict the rights of the premises in accordance with the law, the property with disputed ownership cannot be leased.

Legal basis: Article 405 of the Civil Code of the People's Republic of China Where the mortgaged property has been leased and transferred to possession before the mortgage is established, the original lease relationship shall not be affected by the mortgage.

In the event of a dispute over a shop contract, the two parties shall generally resolve the dispute through negotiation. If the negotiation fails, they may file a lawsuit in the people's court to request a resolution of the dispute. If one of the parties to the contract is unable to perform the contract due to its own reasons, it shall pay liquidated damages to the non-breaching party in accordance with the contract and bear the liability for compensation for the failure to perform.

The amount of compensation for liquidated damages depends on whether there is an agreement in the shop contract, and if there is an agreement, the compensation shall be made according to the agreement, and if the agreed amount is lower than the actual loss, the non-breaching party may request the court to increase it; If there is no agreement, the court may make a judgment based on the non-breaching party's reputational losses. If the contract cannot be performed due to force majeure, it is generally not liable, but it is necessary to notify the other party in time to avoid causing greater losses to the other party.

Article 590 of the Civil Code of the People's Republic of China: If one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time.

If force majeure occurs after the party delays performance, it shall not be exempted from liability for breach of contract.

Article 582: If the performance does not conform to the agreement, the party shall bear the liability for breach of contract in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to ask the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

Methods for handling shop contract disputes: negotiation; Conciliation; Arbitration; Lawsuit. Negotiation means that the two parties voluntarily negotiate and settle the problem; Mediation is to achieve a solution through third-party persuasion and education; Arbitration is for the arbitration institution to make a judgment based on the facts and make an award on rights and obligations; If negotiation is not possible, one of the parties may file a lawsuit with the court.

Where a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. Where the other party provides appropriate guarantees, performance shall be resumed.

[Legal basis].

Civil Code of the People's Republic of China Article 528 [Exercising the Right to Defend Against Uneasiness] Where a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. Where the other party provides appropriate guarantees, performance shall be resumed. After the suspension of performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, it shall be deemed to have indicated that it has not performed the main debt by its own conduct, and the party suspending performance may terminate the contract and may request the other party to bear the liability for breach of contract.

The parties need to prepare the complaint, the identity information of both parties, relevant evidence materials, etc., and file the case with the people's court with jurisdiction. Then, according to the actual situation of different courts, it is possible to pay the litigation fee after the case is filed, or it is possible to wait for the notice of the court to pay the fee, and then wait for the ** trial and judgment, pay attention to the need to present evidence and debate during the trial.

[Legal basis].

Article 120 of the Civil Procedure Law provides that a complaint shall be submitted to the people's court, and a copy shall be submitted according to the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

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If the two parties cannot reach a consensus to resolve the dispute through negotiation, they may choose litigation or arbitration according to the contract. If there is no agreement on arbitration or litigation jurisdiction, the defendant may file a lawsuit in the court where the defendant is domiciled or the court where the contract is performed. Contract disputes should be settled through negotiation first, and if the negotiation fails, the labor contract should be arbitrated by the labor arbitration department first, and the court can go to the court for litigation after the arbitration.

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Legal analysis: Shop contract disputes can be resolved. If the negotiation fails, the arbitration clause stipulated in the contract or the arbitration agreement reached by the two parties after the dispute can be applied to the arbitration institution for arbitration, and if there is no arbitration clause in the contract, you can file a lawsuit with the court.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 122: Where a party sues a civil dispute in a people's court that is suitable for mediation, it is to be mediated first, except where the party refuses to mediate.