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Is the seller Party A or Party B?
The prosecution process of contract disputes is as follows:
1. Whether the court of litigation jurisdiction has jurisdiction is mainly determined by two ways: agreed jurisdiction and legal jurisdiction. When signing a contract, the parties to the contract may choose the court that may govern the litigation dispute, and the two parties shall agree on the jurisdiction of the court through consultation. If the two parties have not agreed on the jurisdiction court, according to the statutory jurisdiction, it generally includes the jurisdiction court such as the defendant's domicile, the place where the contract was signed and the place where the contract was performed. For different types of contracts, the competent courts are different, depending on the legal provisions;
2. Write a complaint, sort out relevant litigation materials and file a lawsuit with the court. You need a complaint, basic information of the original defendant and relevant evidence materials. If there is an agent ad litem, the identity information of the agent is also needed. The existing evidence includes the contract and relevant materials for its performance, and the original is required. If some materials are not original, please ask a lawyer to examine whether it will affect the outcome of the lawsuit;
3. After the introduction of court debate and cross-examination, the court will issue a subpoena to determine the opening time, and will also exchange evidence materials between the original defendant and the defendant. The authenticity and probative force of evidence will be debated in court and new evidence can be submitted;
4. After the court debate in the effective stage of the judgment, after investigation and analysis, the court found that the facts of the case had passed and made a legal and reasonable judgment. Anyone who disagrees with the verdict may appeal and request a higher court to make a judgment. The process of contract litigation disputes mainly includes choosing a court with jurisdiction, collecting relevant evidence materials, writing a complaint, conducting court debates during the court session, and expressing cross-examination opinions. Finally, if you disagree with the judgment, you can appeal and apply for a retrial.
To sum up, in general, Party A who signs the contract is the party who puts forward the goal, while Party B generally refers to the party who achieves the goal and gets paid. Both have corresponding rights and obligations. It can be understood as the party that provides goods, money, recruitment, etc. It is Party A, the buyer and employees are Party B, and the seller is Party A and the buyer is Party B in the sales contract.
Legal basis:
Article 464 of the Civil Code of People's Republic of China (PRC)
A contract is an agreement between civil subjects to establish, change and terminate a civil legal relationship. Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature;
Article 465
Contracts established according to law are protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law;
Article 490
If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
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