The new car has not been sold for more than a year. How to deal with the partner's car withdrawal?

After buying a car in partnership, the other party can quit as follows:

1, negotiation can be conducted, and the two people will distribute the proceeds of automobile sales according to the original investment ratio to terminate the partnership;

2. If negotiation fails, you can directly sue and ask the other party to bear tort liability.

What are the legal consequences of a partner's withdrawal?

1, the partner loses the partnership qualification;

2. The quitter requires other partners to liquidate according to the property status of the partnership that quits the partnership, and return the quitter's share of the property. If there are unfinished partnership affairs at the time of withdrawal, settlement shall be made after settlement;

3. The quitter shall be jointly and severally liable with other partners for the partnership debts that have occurred before his withdrawal;

4. When a partner quits the partnership, if the partnership property is less than the partnership debt, the quitter shall share the losses according to the proportion agreed in the peace agreement. If the proportion is not agreed, the loss shall be shared equally by all partners.

legal ground

: Article 22 of the Civil Procedure Law of People's Republic of China (PRC)

A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.

A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.

Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.

Article 23

The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence:

(a) the identity litigation filed against people who do not live in the territory of People's Republic of China (PRC);

(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;

(3) A lawsuit against the person who has taken compulsory education measures;

(4) Proceedings against prisoners.

2022-09- 19 answer

Hong Xiao

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Certification: Tianjin Dongfang (Guangzhou) Law Firm

Good at: liability for breach of contract

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What if the other party quits after buying a car together?

1. What if the partner quits after buying a car? 1. After the partnership buys a car, the other party quits as follows: (1) It can be handled through negotiation, and the two parties will distribute the proceeds from the car sale according to the original capital contribution ratio to terminate the partnership; (2) If negotiation fails, a lawsuit can be brought directly, requiring the other party to bear tort liability. 2. Legal basis: Article 22 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that it shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled. Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court. Article 23 The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of the plaintiff's habitual residence: (1) actions concerning identity relations brought against people who do not live in the territory of People's Republic of China (PRC); (2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing; (3) A lawsuit against the person who has taken compulsory education measures; (4) Proceedings against prisoners. Second, what are the legal consequences of a partner's withdrawal? 1. The partner loses the partnership qualification; 2. The quitter requires other partners to liquidate according to the property status of the partnership that quits the partnership, and return the quitter's share of the property. If there are unfinished partnership affairs at the time of withdrawal, settlement shall be made after settlement; 3. The quitter shall be jointly and severally liable with other partners for the partnership debts that have occurred before his withdrawal; 4. When a partner quits the partnership, if the partnership property is less than the partnership debt, the quitter shall share the losses according to the proportion agreed in the peace agreement. If the proportion is not agreed, the loss shall be shared equally by all partners.

Hong Xiao has been a lawyer for 1 year.

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