Contracts are widely used in real life, and there are many disputes arising from them. Many people can't find the right way to deal with it, which makes the incident more and more serious. So what should I do if I encounter a contract-related dispute? Let me introduce you.
I. Settlement of contract disputes:
According to the provisions of China's Civil Code (202 1 to 1 Implementation), there are four ways to resolve contract disputes.
First, it is the best way to solve it through consultation;
Second, through mediation, relevant departments help solve it;
Third, it is settled by arbitration organs through arbitration;
Fourth, through litigation, that is, to the people's court to seek ways to resolve disputes.
Article 10 of the Civil Code (202 1 to 1 implementation) deals with civil disputes according to law; Where there are no provisions in the law, customs can be applied, but they must not violate public order and good customs.
In order to help readers understand these four ways, we introduce them in detail respectively.
(1) Consultation
The settlement of contract disputes through negotiation by the parties themselves refers to a way for the parties to a contract dispute to reach a settlement agreement by stating facts and reasoning on the basis of voluntary mutual understanding in accordance with relevant national laws, policies and contractual agreements. The parties to a contract shall settle their disputes through consultation. The following principles should be followed:
First, the principle of equality and voluntariness. Neither party is allowed to force the other party to negotiate by means of administrative orders, and it is not allowed to force the other party to reach a "overlord agreement" in which only the other party does its duty and there is no responsibility for the other party by threatening to cut off supply or terminate cooperation.
The second is the principle of legitimacy. That is, the content of the settlement agreement reached by both parties shall conform to the provisions of laws and policies, and shall not harm the national interests, social public interests and the interests of others. Otherwise, the dispute settlement agreement reached between the parties is invalid.
(2) Mediation
Mediation of contract disputes refers to the activities in which both parties voluntarily explain and persuade the parties to the dispute under the auspices of a third party (that is, a mediator) on the basis of finding out the facts and distinguishing right from wrong, so as to promote mutual understanding and accommodation between the two parties and reach a settlement agreement, thus solving the dispute. Mediation has the following three characteristics:
First, mediation is conducted under the auspices of a third party, which is obviously different from self-reconciliation between the two parties;
Second, the third party presiding over mediation only convinces both parties in mediation.
Understand each other. Reaching a mediation agreement instead of making an award shows that mediation and arbitration are different;
Third, mediation is a legal mediation based on facts, laws and policies, rather than ignoring right and wrong and ignoring the "muddle" between laws and policies.
Both parties to a contract dispute shall abide by the following principles when resolving disputes through third-party mediation:
First, the principle of voluntariness.
Second, the principle of legality.
(3) Arbitration
Arbitration is also called arbitration. Contract arbitration, that is, according to the arbitration clause concluded by the two parties in the contract or the arbitration agreement reached voluntarily, the disputed matters in the contract are arbitrated by a third party according to law to solve the dispute.
A way of arguing with others. Arbitration is a legal system for resolving disputes generally established in modern countries all over the world, and contract dispute arbitration is a common practice in business activities in various countries.
According to the provisions of the Arbitration Law, disputes settled by arbitration are generally limited to disputes in economy, trade, maritime affairs, transportation and labor. If it's because of personal relationships and wealth related to personal relationships,
Disputes arising from property relations cannot be resolved through arbitration, and administrative disputes that should be handled by administrative organs according to law cannot be resolved through arbitration.
(4) Litigation
There are four ways to solve disputes in the performance of the contract: the parties negotiate by themselves, mediate arbitration and litigation. Among them, arbitration is more flexible and simple, and the speed of dispute resolution is faster and the cost is higher.
The use is relatively low, so it is very popular with the parties. However, if one party is unwilling to arbitrate, the dispute between the two parties can only be resolved through litigation rather than arbitration. So, the lawsuit is
The final form of resolving contract disputes.
The so-called contract dispute litigation refers to the activities of the people's court to try 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 relations arising therefrom.
It is an important part of civil litigation and an important way to solve contract disputes. Settle a contract with others
Compared with the way of disputes, litigation is the most effective way. The reasons for this are as follows: firstly, the lawsuit is judged by the national judicial organs according to law, which is the most authoritative; Secondly, after the judgment becomes legally effective, the execution of the judgment is guaranteed by the state's compulsory force.
Two, contract dispute litigation compared with other ways to solve contract disputes, especially compared with arbitration, has the following characteristics:
1 The lawsuit was filed by the people's court at the request of one party. If the party did not make a request, the people's court could not take the initiative to conduct the lawsuit according to its functions and powers. The parties do not bring a lawsuit to the people's court, but to other countries.
If a state organ requests to protect its legitimate rights and interests, it is not a lawsuit and cannot be protected by civil procedure.
The court is the judicial organ of the state, which resolves disputes between the parties through the judicial power entrusted by the state. Judges are appointed by state organs of power, and the parties have no right to choose judges.
However, they have the right to apply to the judge for withdrawal.
People's courts have legal jurisdiction over contract disputes. As long as one party brings a lawsuit to a court with jurisdiction, the court has the right to accept it according to law.
The proceedings are rigorous and complete. For example, the Civil Procedure Law stipulates that the trial procedure includes the procedure of first instance, the procedure of second instance and the procedure of trial supervision. The procedure of first instance includes ordinary procedure and summary procedure.
In addition, it also stipulates the system of withdrawal, appeal and counterclaim, which are not available in other ways.
After the judgment made by the people's court in handling cases according to law takes effect, it is not only binding on the parties, but also universally binding on the society. The parties shall not re-examine the rights and obligations confirmed in the judgment.
If a lawsuit is brought, the people's court will no longer try the same case. When the obligor refuses to perform his obligations, the creditor has the right to apply to the people's court for compulsory execution. Any citizen or legal person (including other organizations) must uphold the judgment of the people's court. Units or individuals with the obligation to assist in execution shall actively and responsibly assist the people's courts in executing judgments. If they refuse to assist or hinder the execution of the judgment of the people's court, the actor will bear the corresponding legal consequences. It is also a remarkable feature that the form of litigation is different from other forms of dispute resolution to ensure the realization of judgment with the backing of national coercive force.
That's what I brought to you about the settlement of contract disputes. I believe you will have a better understanding after reading it. There are many ways to solve contract disputes, and it is best to solve them through negotiation or mediation. I'll stop here, hoping to help you. You can also continue to browse other related issues on the website.