How to judge shop contract disputes, shop contract disputes

Dealing with shop contract disputes is generally negotiated first, and if the two parties cannot negotiate, a third party can be entrusted to intervene in mediation. If the negotiation and mediation fail, then you can go through arbitration and litigation to resolve the shop contract disputes between each other.

1. How to deal with shop contract disputes.

1. In the event of a shop contract dispute, there can be the following ways to deal with it:

1) Negotiation. Negotiation means that the two parties voluntarily negotiate and settle the problem;

2) Mediation. Mediation is to achieve a solution through third-party persuasion and education;

3) Arbitration. Arbitration is for the arbitration institution to make a judgment based on the facts and make an award on rights and obligations;

4) Litigation. If negotiation is not possible, one of the parties may file a lawsuit with the court.

2. Legal basis: Article 528 of the Civil Code [Exercise of 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.

2. What should be paid attention to in the transfer of shops?

1. When transferring a store or commercial house, a formal transfer agreement must be signed, which must be signed by the landlord, the transferor and the transferee.

2. Pay attention to whether the business license is transferred with the store, whether it is in arrears of taxes, rent, water and electricity bills, etc.

3. Whether there is a possibility of demolition of the store in the near future, and how to deal with force majeure dangers such as fire and flood, you can go to the local street office to understand.

4. The transfer fee shall be composed of the tangible value and intangible value of the store. Tangible assets refer to decorations, goods, tables, chairs, containers, etc., and intangible assets refer to lots, etc.

5. It is best to have an intermediary present in the process of signing the agreement, if the transfer amount is very large, you need to be particularly careful, and be cautious to be able to go to the notary office to handle the notarization.

Shop contract disputes often involve a relatively large amount, both parties may not be willing to give in, after communication can not resolve the dispute, remember to pick up the law in time to protect their own rights and interests. Hope the above can be helpful to you.

The parties need to prepare the complaint, the identity information of both parties, relevant evidentiary materials, etc., and file them with the people's court with jurisdiction. Then, depending on the actual situation of different courts, you can pay the litigation fee after the case is filed, or you can wait for the notice of the court, and then wait for the trial and judgment, noting that proof and argument are required in the trial.

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.

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.

Legal analysis: The complaint for the settlement contract dispute should first clearly state the basic information of the parties, the matters requested for the decoration dispute, the facts and reasons on which the claim is based, the facts surrounding the litigation and the main focus of the dispute, as well as the legal and regulatory provisions that support the Suiju Bureau's own litigation in these factual disputes. At the end, write this to the people's court of XX, sign and date.

Legal basis: Article 465 of the Civil Code of the People's Republic of China Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be binding on the parties, unless otherwise provided by law.

Article 23 of the 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.

The parties need to prepare the complaint, the identity information of both parties, and relevant evidence materials, 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: A lawsuit shall be submitted to the people's court with a complaint and a copy shall be submitted according to the number of defendants. Where there is genuine difficulty in writing a complaint, the lawsuit may be filed at the head of the booklet, and the people's court is to 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.