1. How can I sue the other party without a contract?
If there is no contract to sue the other party, it is necessary to prepare a complaint first and then submit it to the court. No written contract was signed with the other party. If the other party admits that there is an oral contract, the content of the contract said by the other party is consistent with that of the plaintiff, and the other party will not breach the contract. Because there is a dispute over the performance of the contract, you can go to court to sue the other party.
It is better for the plaintiff to provide audio or video evidence, as well as evidence that the plaintiff and the other party have bills to perform the contract. If there is an economic dispute, they can bring evidence to court to sue each other. According to Article 63 of the Civil Procedure Law, the evidence includes:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.
According to Article 64 of the Civil Procedure Law, the parties have the responsibility to provide evidence for their claims.
2. What are the relevant legal provisions of the contract?
1. If there is no written contract between the parties, and one party claims that there is a sales contract relationship by means of delivery note, receipt note, statement, invoice, etc.
2, the people's court shall, in combination with the relevant evidence between the parties, such as trading methods, trading habits, etc., to determine whether the sales contract is established.
3. If the name of the creditor is not recorded in the letters and vouchers such as the reconciliation confirmation form and the creditor's rights confirmation letter, and one party to the sales contract proves the existence of the sales contract relationship, the people's court shall support it, unless there is enough evidence to overturn it.
One party enters into a contract by means of fraud or coercion, which harms the interests of the state; Malicious collusion, harming the interests of the state, the collective or the third party; Cover up illegal purposes in a legal form; Harm the public interest; In violation of the mandatory provisions of laws and administrative regulations, it shall be deemed invalid. An invalid contract is not legally binding from the time it is concluded and is protected by law;
The main thing is to guard against people now and prepare everything with both hands. Signing a contract is not a troublesome thing. Once it is signed, it will take effect within the scope of law. If there is any economic dispute in the future, this contract can testify for the parties.
In our real life, if we don't sign a contract with each other, we can sue each other in case of a dispute. However, it needs to be reminded that there is no contract prosecution and corresponding evidence needs to be submitted. Only by proving the contractual relationship between the two parties can the other party be required to undertake contractual obligations.