专业团队

1.无效合同纠纷

是指因合同的无效而引起的合同当事人之间的争议。如合同无效后，合同当事人因各自返还因合同而取得的财产发生的纠纷，合同无效责任应由何方承担，承担多少之纠纷等等。

2.有效合同纠纷

是指在合同生效的前提下，合同当事人因履行合同而发生的争议、包括合同订立后合同当事人对合同内容的解释，合同的履行及违约责任，合同的变更、中止、转让、解除、终止等所发生的一切争议，绝大多数合同纠纷为有效合同纠纷。

口头和书面合同纠纷

这是从合同的形式角度来对合同进行的划分。

1)口头合同纠纷

是指合同当事人因履行口头合同而发生的所有争议。口头合同虽然简便易行，但因为没有书面的证据，所以，一旦发生纠纷是不易获得解决的。口头合同多是即时清洁的合同，一般来说，发生纠纷的情况较少。

2)书面合同纠纷

是指合同当事人因履行书面合同而发生的所有争议。现实生活中，绝大多数合同纠纷是书面合同纠纷。这与书面合同应用之广泛分不开的，解决书面合同纠纷的依据是双方当事人签订的书面合同书或确认书，以及双方当事人协商一致的所有与合同有关的来往函件等。故要求合同当事人注意保存所有的与合同有关的书面证据，以便在发生纠纷时可以举证，此外，有时在一项合同履行过程中，既有因书面协议引起的纠纷，也有因口头协议引起的纠纷，口头协议除非有证据证明，否则法律是不承认其效力的。

国内和涉外合同纠纷

这是从合同是否具有涉外因素来划分合同种类的。

l)国内合同纠纷

是指合同当事人因履行国内合同而发生的所有争议，国内合同纠份不具有涉外因素，解决纠纷来说，单纯从程序角度要容易得多。

2)涉外合同纠纷

是指合同当事人因履行涉外合同而发生的所有争议。涉外合同纠纷因为具有涉外因素，解决纠纷时要比国内合同困难得多。所谓涉外因素，是指合同主体一方是外国的公民，法人或其他组织，合同法律关系发生在国外，合同标的位于国外等。解决涉外合同纠纷时，往往会涉及到法律适用问题.合同语言问题，解决纠纷地点问题等等。甚至纠纷解决后的执行问题也很复杂，所以，应尽量避免在涉外合同上发生纠纷。

有无名合同纠纷

这是从合同名称是否法定角度来对合同进行划分。合同法具体规定名称的合同为有名合同，其他合同则为无名合同。

1)有名合同纠纷

从合同法规定来看，有名合同纠纷主要有以下15种：

(1)买卖合同纠纷，包括工矿产品购销合同纠纷，农副产品购销合同纠纷，国际货物买卖合同纠纷等。

(2)供用电合同纠纷，包括供用电、气、水、热力等合同纠纷。

(3)赠与合同纠纷，包括馈赠合同纠纷、遗赠合同纠纷等。

(4)借款合同纠纷，包括各类长短期限的民间或商业借款合同纠纷。

(5)租赁合同纠纷。

(6)融资租赁合同纠纷，含融资租赁关系中买卖合同纠纷。

(7)承损合同纠纷，包括来料加工合同纠纷，来件加工合同纠纷，补偿贸易合同纠纷等。

(8)建设工程合同纠纷，包括建设勘察设计合同纠纷.建筑安装工程合同纠纷等o

(9)运输合同纠纷.包括水路、铁路、陆路、航空运输合同纠纷。

(10)技术合同纠纷，包括技术开发(委托开发和合作开发)合同纠纷，技术转让(专利技术转让和非专利技术转让、专利技术实施许可)合同纠纷，技术咨询合同纠纷，技术服务合同纠纷等。

(11)保管合同纠纷。

(12)仓储合同纠纷。

(13)委托合同纠纷。

(14)行纪合同纠纷。

(15)居问合同纠纷。

2)无名合同纠纷

除了《合同法》规定的15种合同外，现实生活中大量存在着各种各样的合同，它们分别受到不同的法律、法规所调整。这些合同争议也届于合同纠纷之列.具体说来，主要有以下合同纠纷。

(1)保险合同纠纷，包括财产保险合同纠纷、人寿保险合同纠纷等。

民间借款合同纠纷

(2)担保合同纠纷，包括保证合同纠纷、抵押合同纠纷，质押合同纠纷，留置合同纠纷等。

(3)房地产合同纠纷，包括房地产买卖、租赁合同纠纷，土地位用权转让合同纠纷等。

(4)承包经营合同纠纷，包括农村承包经营合同。

(5)劳动合同纠纷，包括雇佣合同纠纷、集体劳动合同纠纷、涉外劳务合同纠纷等。

(6)知识产权合同纠纷，包括专利合同纠纷、商标合同纠纷，著作权合同纠纷等。

(7)中外合资经营企业合同纠纷，中外合作企业合同纠纷、中外合作勘探开发白然资源合同纠纷等f

(8)台伙合同纠纷，含隐名合伙合同纠纷。

(9)其他合同纠纷，如固培训合同、票据贴现合同、储蓄合同、影视合同、广告合同等引起的合同纠纷。

标准和非标准合同纠纷

这是从合同条款是否标准化的角度来划分合同纠约纳。

l)标准合同纠纷

是指固合同中的标准条款而引起的争议。标准条款，根据(合同法)的规定，是指当事人为了重复使用而预先拟定，并在订立合同时与对方协商的条款。对于因对标准条款的理解发生争议的，应当作出不利于提供标准条款一方的解释。法律对因标准合同纠纷的解决的规定主要从保护被动接受标准合同一方的角度出发的。

2)非标准合同纠纷

除标准合同之外的所有合同纠纷均为非标准合同纠纷。除上述五种划分合同纠纷的方法外，还有从其他角度进行划分的，如可划分为合同订立纠纷、合同履行纠纷、合同变更纠纷、合同转让纠纷、合同终止纠纷等等。

1. Disputes over invalid contracts

It refers to disputes between the parties to a contract arising from the invalidity of the contract. If there is a dispute between the parties to the contract arising from the return of the property acquired as a result of the contract after its invalidity, the party responsible for the invalidity of the contract should bear the responsibility, and how much dispute should be borne.

2. Effective contract disputes

It refers to all disputes arising from the performance of the contract by the parties to the contract, including the interpretation of the contract content by the parties after the contract is concluded, the performance and breach of contract responsibilities, and all disputes arising from the modification, suspension, transfer, termination, etc. of the contract, under the premise that the contract takes effect. The vast majority of contract disputes are valid contract disputes.

Oral and written contract disputes

This is the division of contracts from the perspective of contract form.

1) Oral contract disputes

It refers to all disputes arising from the performance of an oral contract by the parties to the contract. Although oral contracts are simple and easy to implement, they are difficult to resolve once disputes arise due to the lack of written evidence. Oral contracts are mostly contracts for immediate cleaning, and generally speaking, disputes are less common.

2) Written contract disputes

It refers to all disputes arising from the performance of a written contract by the parties to the contract. In real life, the vast majority of contract disputes are written contract disputes. This is inseparable from the widespread application of written contracts. The basis for resolving disputes in written contracts is the written contract or confirmation signed by both parties, as well as all correspondence related to the contract that both parties have agreed upon. Therefore, it is required that the parties to the contract pay attention to preserving all written evidence related to the contract, so that they can provide evidence in the event of a dispute. In addition, sometimes during the performance of a contract, there are disputes arising from both written and oral agreements. Unless there is evidence to prove, oral agreements are not recognized by law for their validity.

Domestic and foreign contract disputes

This categorizes contracts based on whether they contain foreign-related factors.

l) Domestic contract disputes

It refers to all disputes arising from the performance of domestic contracts by the contracting parties. The correction of domestic contracts does not involve foreign factors, and resolving disputes is much easier from a procedural perspective.

2) Foreign contract disputes

It refers to all disputes arising from the performance of foreign-related contracts by the parties to the contract. Foreign contract disputes, due to their foreign-related factors, are much more difficult to resolve than domestic contracts. The so-called foreign-related factors refer to the fact that one party to the contract is a foreign citizen, legal person or other organization, the legal relationship of the contract occurs abroad, and the subject matter of the contract is located abroad. When resolving disputes over foreign-related contracts, it often involves issues of legal application, contract language, and the location of dispute resolution. Even the execution issues after dispute resolution are complex, so disputes should be avoided as much as possible in foreign-related contracts.

Disputes over unnamed contracts

This is to classify contracts from the perspective of whether the contract name is legal or not. The Contract Law specifically stipulates that named contracts are named contracts, while other contracts are unnamed contracts.

1) Disputes over Famous Contracts

According to the provisions of the Contract Law, there are mainly 15 types of disputes related to well-known contracts:

(1) Sales contract disputes, including disputes over purchase and sales contracts for industrial and mining products, agricultural and sideline product purchase and sales contracts, international goods sales contract disputes, etc.

(2) Disputes over electricity supply contracts, including disputes over electricity, gas, water, heat, and other contracts.

(3) Gift contract disputes, including gift contract disputes, legacy contract disputes, etc.

(4) Loan contract disputes, including various civil or commercial loan contract disputes of long and short term.

(5) Lease contract disputes.

(6) Financial leasing contract disputes, including sales contract disputes in financial leasing relationships.

(7) Losses contract disputes, including disputes over incoming material processing contracts, incoming parts processing contracts, compensation trade contracts, etc.

(8) Construction project contract disputes, including construction survey and design contract disputes, construction and installation project contract disputes, etc

(9) Transportation contract disputes, including disputes over water, railway, land, and air transportation contracts.

(10) Technical contract disputes, including disputes over technology development (commissioned development and cooperative development) contracts, technology transfer (patent technology transfer and non patent technology transfer, patent technology implementation license) contract disputes, technical consulting contract disputes, technical service contract disputes, etc.

(11) Dispute over custody contract.

(12) Warehouse contract disputes.

(13) Dispute over commission contract.

(14) Disciplinary contract disputes.

(15) Disputes over residential contracts.

2) Unnamed contract dispute

In addition to the 15 types of contracts stipulated in the Contract Law, there are various types of contracts in real life that are adjusted by different laws and regulations. These contract disputes also fall under the category of contract disputes. Specifically, there are mainly the following contract disputes.

(1) Insurance contract disputes, including property insurance contract disputes, life insurance contract disputes, etc.

Disputes over Private Loan Contracts

(2) Guarantee contract disputes, including guarantee contract disputes, mortgage contract disputes, pledge contract disputes, retention contract disputes, etc.

(3) Real estate contract disputes, including disputes over real estate sales and leasing contracts, disputes over land use rights transfer contracts, etc.

(4) Disputes over contract management, including rural contract management.

(5) Labor contract disputes, including employment contract disputes, collective labor contract disputes, foreign-related labor contract disputes, etc.

(6) Intellectual property contract disputes, including patent contract disputes, trademark contract disputes, copyright contract disputes, etc.

(7) Contract disputes between Sino foreign joint ventures, Sino foreign cooperative enterprises, Sino foreign cooperative exploration and development of natural resources, etc

(8) Disputes over Taiwan partnership contracts, including disputes over anonymous partnership contracts.

(9) Other contract disputes, such as fixed training contracts, bill discounting contracts, savings contracts, film and television contracts, advertising contracts, etc.

Standard and non-standard contract disputes

This is to classify contract compensation from the perspective of whether the contract terms are standardized.

l) Standard contract disputes

It refers to disputes arising from standard clauses in fixed contracts. Standard terms, according to the provisions of the Contract Law, refer to the terms pre drafted by the parties for repeated use and negotiated with the other party at the time of contract formation. If there is a dispute over the understanding of standard terms, an interpretation that is unfavorable to the party providing the standard terms should be made. The legal provisions for the resolution of disputes arising from standard contracts mainly focus on protecting the passive party accepting the standard contract.

2) Non standard contract disputes

All contract disputes except for standard contracts are non-standard contract disputes. In addition to the five methods for dividing contract disputes mentioned above, there are also other ways to divide them, such as contract formation disputes, contract performance disputes, contract modification disputes, contract transfer disputes, contract termination disputes, and so on.