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合同纠纷的处理 contract conflicts treatment

  处理合同纠纷的方式哪些?为了帮助大家更好的了解相关法律知识,小编整理了相关的内容为大家具体解答该问题,并带您了解“合同纠纷的诉讼处理流程”和“合同纠纷几种主要类型是什么”等相关拓展知识,希望能对您有所帮助。

  一、处理合同纠纷的方式哪些

  (一)协商,当事人可以沟通解决纠纷;

  (二)调解,当事人可以请求有关部门进行调解;

  (三)仲裁,合同约定了仲裁条款或当事人达成了仲裁协议的,可以向仲裁机构申请仲裁;

  (四)诉讼,当事人可以向人民法院起诉处理纠纷。

  二、合同纠纷的诉讼处理流程

  合同纠纷可以通过协商解决或者诉讼解决,但是,如果合同纠纷协商不成,就要到法院诉讼解决。具体诉讼流程如下:

  (一)撰写民事起诉状,写起诉状关于纠纷的详细情况,收集关于纠纷的有效证据材料,向有管辖权的人民法院立案窗口立案。

  (二)证据收集后案件被受理,向法院提起诉讼,法院会给你一份缴费通知书,按照法院给出的指定的银行缴纳诉讼费,之后再向银行给你的缴费单递交给法院。

  (三)等待法院通知开庭,一般会给你开庭传票;

  (四)之后等待法院通知开庭的时间、以及地点出庭参加的诉讼。

  (五)开完庭之后就是等待审判的结果,如果审判的结果不服可以在收到判决之日起向中级人民法院上诉。

  三、合同纠纷几种主要类型是什么

  (一)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。

  (二)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。

  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。

  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。

  (三)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。

  1、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。

  以上就是关于处理合同纠纷的方式哪些的相关知识,以及“合同纠纷的诉讼处理流程”和“合同纠纷几种主要类型是什么”等相关拓展知识。


what are the ways to handle contract disputes? In order to help everyone better understand relevant legal knowledge, the editor has compiled relevant content to provide specific answers to this question, and will take you to understand related expanded knowledge such as "litigation process for contract disputes" and "what are the main types of contract disputes". We hope it can be helpful to you.


1、 What are the ways to handle contract disputes

(1) Negotiation, where the parties can communicate and resolve disputes;

(2) Mediation, the parties may request relevant departments to mediate;

(3) Arbitration, if the contract stipulates an arbitration clause or if the parties reach an arbitration agreement, they may apply for arbitration to an arbitration institution;

(4) Litigation, parties may bring a lawsuit to the people's court to resolve disputes.


2、 Litigation process for contract disputes

Contract disputes can be resolved through negotiation or litigation, but if the negotiation fails, the dispute must be resolved through litigation in court. The specific litigation process is as follows:

(1) Write a civil complaint, provide detailed information about the dispute in the complaint, collect valid evidence materials about the dispute, and file a case with the competent people's court filing window.

(2) After the evidence is collected and the case is accepted, file a lawsuit with the court. The court will provide you with a payment notice, pay the litigation fees according to the designated bank provided by the court, and then submit the payment receipt to the court.

(3) Waiting for the court's notification to hold a court hearing, usually a subpoena will be issued to you;

(4) Afterwards, wait for the court's notification of the time and location of the hearing to appear in court to participate in the litigation.

(5) After the trial is held, the outcome of the trial is awaited. If the trial result is not satisfactory, an appeal can be made to the intermediate people's court from the date of receiving the judgment.


3、 What are the main types of contract disputes

(1) Invalid contract disputes.

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.


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.


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.


(3) Domestic and foreign contract disputes.

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

1. 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 above is the relevant knowledge about the ways to handle contract disputes, as well as related expanded knowledge such as "litigation process for contract disputes" and "what are the main types of contract disputes".