Job Recruitment Website - Ranking of immigration countries - If you don't sign the contract, can you sue the other party?

If you don't sign the contract, can you sue the other party?

No written contract was signed with the other party. If the other party admits that there is an oral contract, the contents of the contract mentioned by the other party and the plaintiff are the same, 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.

Legal analysis

If one party breaches the contract but fails to sign the contract, the observant party can sue in this case. As long as the conditions for prosecution in the Civil Procedure Law are met, the court will accept the request for prosecution. No matter what the two sides have agreed, they should not make oral agreements. It should be recorded in writing. It's best for both parties to draw up a contract through mutual consultation and then sign it. As long as it is signed and sealed, this contract has legal effect and is legal. If any party's behavior does not conform to the contract, it will be regarded as a breach of contract and will be prosecuted. There is a standard procedure for the prosecution of a case. The relevant information needed to prosecute the case also requires the parties to make corresponding preparations. The prosecution must meet the following conditions: the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; There is a clear defendant; There are specific requests, facts and reasons; It belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court under appeal.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 63 Evidence includes: (1) 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.

Article 64 The parties have the responsibility to provide evidence of their own claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.