合同纠纷诉讼要注意什么问题What issues should be noted in contract dispute litigation
合同纠纷诉讼要注意什么问题?遇到合同纠纷可以通过诉讼解决,合同纠纷诉讼要注意的问题包括合同纠纷当事人应当找哪个法院起诉?合同纠纷的诉讼时效有多久?一般来说,向法院请求保护民事权利的诉讼时效期间为2年。小编在本文为您详细介绍合同纠纷诉讼时效的相关知识。
合同纠纷找哪个法院起诉
合同纠纷双方可以约定解决合同纠纷的管辖法院,为了方便合同纠纷的解决,合同双方当事人可以在书面合同中约定打官司的法院,但只限于在与合同有关联的地方的法院起诉,即被告住所地、合同履行地、合同签订地、原告住所地、标的物所在地的人民法院。还要特别注意的是,这种约定法院管辖的做法只适用于合同纠纷,而不适用于其他的民事纠纷。
合同纠纷起诉状提交给哪个法院
通常情况下,当事人应当向被告所在地的人民法院起诉,这也就是在打官司确定管辖法院时常说的“原告就被告”原则。
合同纠纷的诉讼时效
向法院请求保护民事权利的诉讼时效期间一般为2年。但是,还有以下一些特殊的诉讼时效:如果身体受到伤害要求赔偿,延付或拒付租金的或寄存财物被丢失或损毁的,诉讼时效就是1年;但如果身体伤害是因环境污染而造成的,就应该适用因环境污染损害赔偿中诉讼时效为3年的规定;涉外合同的诉讼时效为4年。另外还需注意,因产品存在缺陷造成损害,而提出损害赔偿的诉讼时效是2年。但是,有特殊情况的,人民法院可以延长诉讼时效期间。但无论如何,从权利被侵害之日起超过二十年的,人民法院不予保护。
诉讼保全
诉讼保全是一种民事诉讼法律制度,是指法院对于可能因当事人一方行为或者其他原因,使判决不能执行或者难以执行的案件,可以根据对方当事人的申请,或依职权而对一方当事人的财物采取查封、扣押、冻结、提供担保等措施。
根据这一制度,在诉讼过程中,如果一方当事人发现对方当事人的财产有可能很快灭失或被隐藏、转移,使自己申请给付的诉讼难以达到预期的目的,就可以在法院作为判决之前,先行向法院申请诉讼保全,以保证自己权利的实现。当然,申请诉讼保全的一方,应有胜诉的把握,否则,如果将来败诉了,则要赔偿对方当事人因诉讼保全所遭受的财产损失。
调解及判决
法院受理一方当事人的起诉后,首先要进行调解,如果经过调解双方达成了协议,调解协议即具有法律效力,双方要认真执行,否则,法院将强制执行。如果法院调解不成,则要作出判决或裁定,当事人对判决或裁定不服的,可以在收到判决书之日起15日内或接到裁定书之日起10日内向上一级法院提起上诉,如果超过了上诉期当事人没有上诉的,那么一审判决或裁定即发生法律效力,当事人必须执行。
二审法院作出的判决、裁定,是终审的判决、裁定,当事人必须执行。当然,如果当事人认为已生效的判决、裁定确有错误,在不停止判决、裁定执行的情况下,还可以通过审判监督程序,向原审人民法院或上级人民法院申请再审。
What issues should be noted in contract dispute litigation? Contract disputes can be resolved through litigation. The issues to be noted in contract dispute litigation include which court should the parties to the contract dispute file a lawsuit with? How long is the statute of limitations for litigation in contract disputes? Generally speaking, the statute of limitations for requesting protection of civil rights from the court is 2 years. In this article, the editor will provide you with a detailed introduction to the relevant knowledge of the statute of limitations for contract dispute litigation.
Which court to sue for contract disputes
Both parties to a contract dispute may agree on the court of jurisdiction to resolve the contract dispute. In order to facilitate the resolution of the contract dispute, the parties to the contract may agree in a written contract on the court to file a lawsuit, but only in the court in the place related to the contract, that is, the people's court in the defendant's domicile, the place of contract performance, the place of contract signing, the plaintiff's domicile, and the place where the subject matter is located. It should be noted that this practice of court jurisdiction only applies to contract disputes and not to other civil disputes.
Which court should the lawsuit for contract disputes be submitted to
Normally, the parties should bring a lawsuit to the people's court where the defendant is located, which is commonly referred to as the "plaintiff defendant" principle when determining the jurisdiction of the court in a lawsuit.
Limitation of Litigation for Contract Disputes
The statute of limitations for requesting protection of civil rights from the court is generally 2 years. However, there are also some special statute of limitations for litigation: if the body is injured and compensation is demanded, if the rent is delayed or refused to be paid, or if the stored property is lost or damaged, the statute of limitations for litigation is one year; But if the physical injury is caused by environmental pollution, the statute of limitations for litigation in compensation for environmental pollution damage should be applied, which is three years; The statute of limitations for foreign-related contracts is 4 years. Additionally, it should be noted that the statute of limitations for filing a lawsuit for damages caused by product defects is 2 years. However, in special circumstances, the people's court may extend the statute of limitations for litigation. However, in any case, if the rights are infringed upon for more than twenty years, the people's court shall not protect them.
Litigation preservation
Litigation preservation is a civil litigation legal system, which refers to the court taking measures such as sealing, distraining, freezing, and providing guarantees on the property of one party in cases where the judgment may be unenforceable or difficult to enforce due to the actions or other reasons of one party, based on the application of the other party or in accordance with their authority.
According to this system, during the litigation process, if one party discovers that the other party's property may be quickly lost, hidden, or transferred, making it difficult for the litigation to achieve the expected purpose, they can apply for litigation preservation to the court before the court makes a judgment to ensure the realization of their rights. Of course, the party applying for litigation preservation should have confidence in winning the lawsuit. Otherwise, if they lose the lawsuit in the future, they must compensate the other party for the property losses suffered by the litigation preservation.
Mediation and judgment
After accepting a lawsuit from one party, the court must first conduct mediation. If both parties reach an agreement through mediation, the mediation agreement will have legal effect and both parties must conscientiously execute it. Otherwise, the court will enforce it. If the court mediation fails, a judgment or ruling must be made. If the parties are dissatisfied with the judgment or ruling, they may appeal to the higher-level court within 15 days from the date of receiving the judgment or 10 days from the date of receiving the ruling. If the parties do not appeal after the appeal period, the first instance judgment or ruling shall take legal effect and the parties must enforce it.
The judgment or ruling made by the second instance court is the final judgment or ruling, and the parties must enforce it. Of course, if the parties concerned believe that the effective judgment or ruling is indeed incorrect, they can also apply for retrial to the original or higher-level people's court through the trial supervision procedure without stopping the execution of the judgment or ruling.