A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship. Contracts established in accordance with the law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law. The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
Netizen consultation:
How to determine jurisdiction according to the "place of performance of the contract"?
Lawyer answers:
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.
Where the contract stipulates the place of performance, the agreed place of performance shall be the place of performance of the contract. If there is no agreement on the place of performance in the contract or the agreement is not clear, and the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed;If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed;For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed. For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed. Where the contract has not been actually performed, and the domicile of both parties is not in the place of performance agreed in the contract, the people's court at the place where the defendant is domiciled has jurisdiction.
The place where the leased property is used is the place where the property is used for property leasing and financial leasing contract is the place of performance. If there is an agreement on the place of performance in the contract, follow the agreement. In the case of a sales contract concluded by means of an information network, where the subject matter is delivered through the information network, the place where the buyer is domiciled shall be the place of performance of the contract;If the subject matter is delivered by other means, the place of receipt shall be the place of performance of the contract. If there is an agreement on the place of performance in the contract, follow the agreement.
Lawyer adds:
Where two or more people's courts have jurisdiction, the people's court that files the case first must not transfer the case to another people's court with jurisdiction. Where, before filing a case, the people's court discovers that another people's court with jurisdiction has already filed a case, it must not file the case repeatedly;Where, after case filing, it is discovered that another people's court with jurisdiction has already filed the case first, a ruling is to transfer the case to the people's court that filed the case first.
After a people's court with jurisdiction accepts a case, it must not transfer the case to the people's court with jurisdiction after the change on the grounds of a change in administrative region. Appeal cases after a judgment and cases brought to trial in accordance with the trial supervision procedures are to be tried by the people's court at the level above the original people's court;In cases where a higher level people's court orders a retrial or remand for new trial, the original people's court is to retry or retry the case.
Legal basis] Interpretation of the Civil Procedure Law
Article 18 Where the contract stipulates the place of performance, the agreed place of performance shall be the place of performance of the contract.
If there is no agreement on the place of performance in the contract or the agreement is not clear, and the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed;If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed;For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed. For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed.
Where the contract has not been actually performed, and the domicile of both parties is not in the place of performance agreed in the contract, the people's court at the place where the defendant is domiciled has jurisdiction.
Profile of lawyer Zeng Jianling
Lawyer Zeng Jianling is a practicing lawyer at Guangdong Jiehai Law Firm. With nearly 7 years of experience in the legal industry, he is professional, efficient and practical to help clients solve difficulties.