Tanchang county lawyer
Dayi county lawyer
Hongze county lawyer
Jianghua county lawyer
Tengzhou lawyer
Pengjiang district lawyer
In fact, many times, there will be economic exchanges between enterprises. For example, people think that the most impossible thing is a loan. In fact, this kind of thing is normal, and there are even cases where the new three-board enterprises default on payment. But as loan companies, they generally want to get the loan back as soon as possible, but they just don't know how to deal with it.
Treatment of arrears in payment of goods by new third board enterprises
(1) reconciliation. Conciliation refers to the way that when a contract is in dispute, the two parties can negotiate again and reach an agreement on the disputed matters on the basis of respecting the interests of both parties, so as to solve the dispute. Reconciliation is a way that the parties freely choose to solve disputes between Taiwan and Taiwan on a voluntary basis, rather than a necessary procedure to solve contract disputes. The parties may also directly choose other ways to settle disputes without consultation.
(2) mediation. Reconciliation refers to the settlement of contract disputes between the parties through persuasion and education under the auspices of a third party. There are two ways of mediation. First, the people's mediation committee to mediate a contract dispute between the parties may apply to the people's mediation committee where the parties to the dispute are located or where the dispute occurs. The second is administrative mediation. Mainly refers to the administrative department for Industry and Commerce to mediate disputes between the parties to a contract. Disputes applying for administrative mediation must meet the following conditions: the applicant must be a party directly interested in the case, with a clear respondent, a specific mediation request and factual basis; Comply with the provisions of the scope of cases accepted by the administrative department for industry and commerce. However, a lawsuit has been filed in a people's court or an arbitration institution has been applied for arbitration. If one party requests mediation and the other party does not agree to mediation, the application for mediation will not be accepted.
If both parties accept mediation and reach an agreement, a mediation agreement shall be made, and both parties shall perform their respective obligations in accordance with the mediation agreement. Because the mediation agreement is not legally binding, if one party fails to perform it, the other party cannot request the people's court to enforce it, but can solve the dispute through other means.
(3) arbitration. Arbitration refers to the way that both parties to a contract dispute submit the dispute to an arbitration organ for arbitration according to the arbitration agreement reached before or after the dispute occurs. Arbitration is quasi-judicial, and the arbitration award made by the arbitration institution has legal effect, and the parties shall perform it.
(4) litigation. Litigation means that after a contract dispute occurs, if there is no arbitration agreement between the parties, either party can bring a civil lawsuit to the people's court and request the people's court to handle the contract dispute according to law. This is the most common way to solve contract disputes. After a contract dispute is tried by a people's court and a judgment is made, the parties concerned must perform the legally effective judgment and conciliation statement of the people's court. Refuses to perform, the other party may apply to the people's court for compulsory execution.
Provisions on the treatment of arrears of payment by new third board enterprises
According to Article 437 of China (Contract Law), there are four ways to resolve disputes. First, it is the best way to solve it through consultation; Second, through mediation, relevant departments help solve it; Third, it is settled by arbitration organs through arbitration; Fourth, through litigation, that is, to the people's court to seek ways to resolve disputes.
According to the above, now you should know how to deal with the arrears of this new third board enterprise. According to the above, it is actually a simple way to deal with this default loan. First, the two sides communicated and reconciled at that time, and then the third party came forward to mediate. If not, it will be settled through legal arbitration and litigation.
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