Refer to the Supreme People's Court's application
Refer to the Supreme People's Court's application
Refer to the Supreme People's Court's application
According to the provisions of Article 23 of the Civil Procedure Law of People's Republic of China (PRC), a lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.
Extended data
Refer to the Supreme People's Court's application
Where the place of performance is not stipulated or clearly stipulated in the contract, and the subject matter of the dispute is the currency of payment, the party receiving the currency is the place of performance of the contract; Where the real estate is delivered, the place where the real estate is located is the place where the contract is performed; For other targets, the place of performance of the contract is the place of performance of the contract. For contracts that are settled immediately, the place of transaction is the place where the contract is performed.
If the contract is not actually performed and the domicile of both parties is not at the place of performance agreed in the contract, it shall be under the jurisdiction of the people's court of the defendant's domicile.
Referring to Article 34 of the Civil Procedure Law of People's Republic of China (PRC), the parties to a contract or other property rights dispute may, by written agreement, choose a people's court in a place that is actually related to the dispute, such as the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but it shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
Referring to Article 35 of the Civil Procedure Law of People's Republic of China (PRC), if two or more people's courts have jurisdiction over litigation, the plaintiff may bring a lawsuit to one of them. If the plaintiff brings a lawsuit to two or more people's courts with jurisdiction, it shall be under the jurisdiction of the people's court that filed the case first.
Referring to Article 36 of the Civil Procedure Law of People's Republic of China (PRC), if a people's court finds that the case it accepts is not under its jurisdiction, it shall transfer it to the people's court with jurisdiction, and the transferred people's court shall accept it. If the transferred people's court considers that the transferred case does not belong to its own jurisdiction according to the regulations, it shall report to the people's court at a higher level for designated jurisdiction and shall not transfer it by itself.
People's Court of Jingxian County, Anhui Province-About Application
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law