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In this case, girls are more delicate people, so it is difficult for boys to find out what causes girls to be angry, so they should communicate more with girls, their own experiences, and then seriously find out what girls are angry about, in this way, girls will be a little less tempered because of moving. <>
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My girlfriend is very easy to get angry, and then she has a cold war with me, no matter how you coax, it's useless, and the reason for the quarrel is inexplicable, what should I do I want to say first, the two of us are not in the early stages of love, we have been together for almost a year, and for a while we quarreled almost every day, and every time it was a bunch of trivial things. Someone told us that we were in the run-in period at that time, just to see each other's various unhappiness. <>
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If that's the case, then I think you can try to communicate with her more, you tell him that if there is any conflict between the two of you in the future, you must say it, if you keep dealing with it with silence, it will make the relationship between the two people estranged, which is not conducive to the long-term progress of the two people.
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For this situation, I think it's best to communicate patiently with your girlfriend, and you shouldn't be silent when he is silent, which will only make the contradiction between the two people deeper and deeper, so I suggest that when you have a conflict, the other party should ask what happened.
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Under normal circumstances, girls will have a little temper, so you must communicate patiently with your girlfriend, I can't stand my girlfriend like this at first, but after a while, I told my girlfriend, in fact, I don't know what she is angry about, you might as well tell me directly, I will do well.
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As a girl, I am such a person, always using the cold war to solve things, but the boy doesn't know that girls can also be very angry when the cold war, but my boyfriend is very good to me, he patiently asks me why I am angry every day, so after a long time of sincerity to him, we now have something to say.
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As an ordinary person in life, when you encounter a debt dispute, you may be more accustomed to negotiating with the other party, or find an intermediary to mediate, even if you want to resolve the dispute through litigation, you may not necessarily know which department you should go to the lawsuit, and when you encounter a debt dispute, you will sue it, and then I will answer it for you, according to the provisions of the Civil Procedure Law: The 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. The parties to a contract may agree in a 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, provided that the provisions on hierarchical jurisdiction and exclusive jurisdiction are not violated."
In ordinary economic contracts, both parties do not agree on the jurisdiction of the court in the event of economic litigation, and once an economic litigation dispute arises, it is necessary to file a lawsuit with the people's court at the place where the defendant is domiciled or where the contract is performed in accordance with the provisions of Article 24. Legal basis: Article 24 of the Civil Procedure Law of the People's Republic of China provides that 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.
Article 25 of the Civil Procedure Law of the People's Republic of China: The parties to a contract may agree in a 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, provided that the provisions on hierarchical jurisdiction and exclusive jurisdiction are not violated.
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Generally, the lawsuit is filed with the court where the party being sued is located, and the lawsuit is generally filed at the district and county level, but if the immovable property is involved, the lawsuit is filed with the people's court where the immovable property is located.
Article 18: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided in this Law.
Article 19: Intermediate people's courts have jurisdiction over the following first-instance civil cases:
1) Major foreign-related cases;
2) Cases that have a major impact in the jurisdiction;
3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.
Article 20: The High People's Court has jurisdiction over first-instance civil cases that have a major impact in their jurisdiction.
Article 21: The Supreme People's Court has jurisdiction over the following first-instance civil cases:
1) Cases that have a major impact on the whole country;
2) Cases that are found to be heard by that court.
Article 24: 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.
Article 25: The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court for the defendant's domicile, the place of contract performance, the place where the contract is signed, the plaintiff's domicile, or the location of the subject matter, but must not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
Article 26 The people's court at the place where the defendant is domiciled or where the subject matter of the insurance is located shall have jurisdiction over a lawsuit arising from a dispute over an insurance contract.
27th litigation arising from disputes over negotiable instruments shall be under the jurisdiction of the people's court at the place where the negotiable instrument is paid or where the defendant is domiciled.
Article 28 Litigation arising from disputes over railway, highway, water, air transport and combined transport contracts shall be under the jurisdiction of the people's court at the place of origin, destination or domicile of the defendant.
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Contract disputes may be filed in the court where the defendant is located or where the contract is performed. However, if the court agreed upon by the parties does not violate the hierarchical jurisdiction and exclusive jurisdiction, it may also be agreed that the court where the plaintiff is located, the place where the contract is signed, and the place where the subject matter is located may file a lawsuit.
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The litigation of contract disputes generally involves the court where the parties are located, as well as the court where the contract is performed. Private chat.
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According to the relevant provisions of the Civil Procedure Law, if the parties have agreed to initiate a lawsuit due to a contract dispute, they may file a lawsuit with the agreed court, and if there is no agreement, the people's court at the place where the contract is performed or where the defendant is domiciled has jurisdiction. An action may also be brought in a court of competent jurisdiction in the place where the contract was concluded.
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What is violated is an absolute right, and its illegality is reflected in the violation of obligations directly stipulated by law and directed at ordinary people; The breach of contract infringes a relative right, and its illegality is manifested in the breach of an obligation that the party has created itself and is directed at a particular party. 2. The relationship between the parties is different, and there is no contractual legal relationship between the infringer and the victim of the tort, and it is only due to the occurrence of the tort that the tort damages relationship arises between the parties; Liability for breach of contract is premised on the valid existence of the contract, and only when there is a valid contract and the parties breach the provisions of the contract, can civil liability for breach of contract arise. 3. The subject of the tort is not specific under normal circumstances, and the actor may be a person with full capacity for civil conduct, or a person with no or limited capacity for civil conduct, and the actor does not have the capacity for civil liability, which does not affect the realization of the victim's right to claim damages; The subject of the breach of contract is a specific party to the contract, and since the parties to the contract must have civil capacity, the subject of the breach of contract can only be a person with civil capacity.
4. The responsibilities borne are different, and the civil liability for infringement will be borne in accordance with the law; Liability for breach of contract will result in the commission of a breach of contract.
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Hello, there are the following differences: (1) In terms of constituent elements. China's Contract Law stipulates no-fault liability, while tort generally adopts fault liability, and only the liability for products, hazards, environmental pollution, and adjacent relationships is no-fault liability.
Therefore, if a party takes liability for breach of contract as the cause of action, it is not necessary to prove that the other party is at fault; If tort liability is the cause of action, it is necessary to prove that the other party is at fault. In addition, the constitution of a tortious act must be necessary for the existence of harmful consequences, and the tortious liability arising therefrom is also constitutive to damage, while the liability for breach of contract and liability for breach of contract is different from this, except for the compensation for losses, which is constitutive to damage, and the actual occurrence of damage is not a constitutive element.
2) In the scope of compensation. If there is no such agreement, according to the provisions of the Contract Law of China, the amount of compensation for losses shall be equivalent to the losses suffered by the victim due to the breach of contract, and generally only includes direct losses. In tort liability, the scope of compensation includes, in principle, direct and indirect losses, and in the case of infringement of personality rights, moral damages can be compensated; If the death of another person is unlawfully caused, the scope of compensation may be extended to the necessary living expenses of the deceased's dependents.
3) In the form of responsibility. Tort liability includes both property liability, such as compensation for losses, and non-property liability, such as eliminating impact, restoring reputation, etc.; The liability for breach of contract is mainly property liability, such as compulsory actual performance, payment of liquidated damages, etc.
4) In terms of exemption conditions. In addition to the statutory exemption conditions, the parties to the contract may also agree in advance on the circumstances under which they will not be liable. In tort liability, the exemption conditions or reasons can only be statutory, and the parties cannot agree on the exemption conditions in advance, nor can they agree in advance on the scope of force majeure.
v) Differs in liability to third parties. In the liability for breach of contract, if the contract debt cannot be performed due to the fault of the third party, the debtor shall first be responsible to the creditor before it can recover from the third party. In tort liability, the actor is only liable for the consequences of causing damage to others due to his own fault.
To sum up, there is an important difference between liability for breach of contract and liability for tort. Therefore, in the case of competing responsibilities, the responsibility of the wrongful act will have different legal consequences and seriously affect the protection of the interests of the victim and the sanction of the wrongdoer.
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The methods of contract dispute resolution are as follows; Several methods have their own advantages and disadvantagesAmong them, the advantages of civil litigation are objectivity, fairness and mandatory, and the disadvantages are high cost and time-consuming.
The advantages of arbitration are voluntariness and flexibility, and the disadvantage is that the artificial domination is too obvious, and the arbitrators have too much power and freedom in the arbitration process, and there are no effective constraints and restrictions.
1. Arbitration
If the parties to the contract fail to reach an agreement through negotiation 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.
2. 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. 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.
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According to Article 128 of the Contract Law of the People's Republic of China, there are four ways to resolve contract disputes: conciliation, mediation, arbitration and litigation. Among them, conciliation and mediation are not necessary procedures for resolving contract disputes, and even if the parties to the contract have made corresponding provisions in the contract dispute clause, the parties can directly apply for arbitration or file a lawsuit without negotiation or mediation.
Therefore, the choice of arbitration or litigation to resolve contract disputes is an important issue to be resolved in the conclusion of contract dispute clauses.
Arbitration refers to a dispute resolution method in which the parties submit their disputes to an arbitration institution for processing in accordance with a valid arbitration agreement. Once the arbitration agreement is concluded in accordance with the law, the parties may no longer file a lawsuit in court on the disputed matters. Compared with litigation, arbitration has the characteristics of speed, convenience, high confidentiality, easy enforcement of awards, can fully reflect the autonomy of both parties, and is conducive to maintaining and developing the commercial relationship between the parties to the dispute.
Litigation is the most widely used dispute resolution method for resolving contractual disputes. It is a kind of compulsory jurisdiction, and if there is no valid arbitration clause in the contract, and no valid arbitration agreement is reached, even if there is no provision for litigation in the contract, the parties still have the right to file a lawsuit in the people's court for the contract dispute. Compared with the arbitration system, China's litigation system has the characteristics of strict procedures, fairness, comprehensive protection of the parties' litigation rights, and rich trial experience of judges.
2. Issues that should be paid attention to when choosing to resolve contract disputes by arbitration.
The parties to a contract must submit a contract dispute to arbitration on the basis of a valid arbitration agreement. According to the second paragraph of Article 16 of the Arbitration Law, the content of the arbitration agreement must have three elements: first, there must be an expression of intent to request arbitration; second, there must be arbitration matters; Third, there should be a selected arbitration committee.
With regard to the provisions of the first and third paragraphs, the parties to the contract often make the following non-standard arbitration agreements in the contract dispute clause due to their lack of understanding of the arbitration system and the setting of arbitration institutions:
Clause. 1. The place of arbitration is agreed, but the arbitration institution is not agreed, or although there is an agreement, the manner and terminology of the name of the agreed arbitration institution are not standardized. Such as: the dispute is in"The contract is settled by arbitration in the place where the contract is signed (place of performance)."、"The dispute shall be settled by arbitration in the place where the dispute is located", the cause of dispute"Arbitration by the arbitration authority of this city"、"Arbitration by the relevant departments of the city"、 "Arbitration by a local arbitration commission", the cause of dispute"Arbitration by XX Municipal Economic Contract Arbitration Commission"Wait.
Clause. 2. Arbitration by two arbitration institutions shall be agreed upon at the same time. For example, disputes can be submitted"Arbitration by relevant arbitration institutions in City A"or"Arbitration by relevant arbitration institutions in city B"。
Clause. 3. Arbitration is agreed upon and litigation is chosen. For example, in the event of a dispute"The arbitration authority at the place where the contract is performed (signed) may apply for arbitration, or it may directly file a lawsuit with the people's court", the cause of dispute"If the arbitration authority at the place where the contract is performed is not satisfied, it shall file a lawsuit with the people's court"Wait.
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