If one party sues the other party, the court shall serve the summons on the other party, and the other party shall appear in court to respond. If the other party does not receive a summons and cannot appear in court, the court will not hold a session.
The conditions of civil disputes usually include the following three aspects:
1, objective conditions: legal facts have occurred, such as contract disputes, tort, debt disputes, etc. ;
2. Subject conditions: the parties must be natural persons, legal persons or other organizations with full capacity for civil conduct;
3. Procedural conditions: The parties must bring a lawsuit to the people's court with jurisdiction according to law, and conduct the lawsuit according to the procedures prescribed by law.
The situations of civil disputes include but are not limited to the following situations:
1. Contract disputes: disputes arising during the performance of the contract, such as breach of contract, dissolution of the contract, modification of the contract, etc.
2. Tort disputes: disputes arising from infringement of the rights and interests of others, such as personal injury, property loss, reputation infringement, etc. ;
3. Inheritance disputes: disputes arising in the process of inheritance, such as the validity of wills, the ownership of inheritance rights, and the distribution of shares;
4. Labor disputes: disputes arising from labor relations between employers and employees, such as labor contract disputes and wage disputes;
5. Unjust enrichment disputes: disputes caused by the parties obtaining certain benefits under unfair circumstances, such as unfair competition and unjust enrichment;
6. Property disputes: disputes between owners and property management companies in the process of property management, such as property service quality and property fees;
7. Intellectual property disputes: disputes arising from infringement of intellectual property rights such as patents, trademarks and copyrights;
8. Divorce disputes: disputes such as property division and child support arising from the divorce of husband and wife.
To sum up, civil disputes are disputes between individuals, legal persons or other organizations caused by property relations, personal relations and contractual relations. Among them, property relations refer to property rights, creditor's rights and debts; Personal relationship refers to personality rights, marriage and family, inheritance and other relationships; The contractual relationship refers to the dispute caused by the contract signed by both parties.
Legal basis:
Article 88 of the Civil Procedure Law of People's Republic of China (PRC)
Litigation documents shall be served directly on the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature.
The date of receipt by the adult family members of the addressee, the legal person or other organization responsible for receiving the goods, litigation agent or agent shall be the date of delivery. Article 89
If the addressee or his adult family members who live together refuse to receive the litigation documents, the addressee may invite the representatives of relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and the addressee and witnesses shall sign or seal the litigation documents and leave them at the addressee's residence; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.
Article 95
If the addressee's whereabouts are unknown, or it cannot be served by other means specified in this section, it shall be served by public announcement. Thirty days after the announcement, it shall be deemed to have been delivered.
When the announcement is served, the reasons and process shall be recorded in the file.