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How to deal with the contract dispute of decorating the jurisdiction of renovation contract
First, the jurisdiction of disputes in renovation contract.
1. The jurisdiction of contract dispute cases includes both statutory jurisdiction and agreement jurisdiction. Therefore, Article 24 of China's Civil Procedure Law clearly stipulates the legal jurisdiction of contract dispute cases, that is, the lawsuit brought due to contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed; Article 25 of the Civil Procedure Law stipulates the jurisdiction of contract disputes through agreement.
2. That is, the parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
Second, how to deal with contract disputes
1. If there is an agreement in the contract, it shall be handled in accordance with the contract. If both parties to the lease relationship have a clear agreement in the contract, they should not make too many meaningless accusations about the content and subject matter of the dispute. In the absence of fraud, in accordance with the spirit of the contract, if there is an agreement in the contract, it is enough to deal with it in accordance with the provisions of the contract.
2. Settle through consultation. Starting from their own interests and based on the principle of mutual understanding and mutual accommodation, it is a convenient plan for both sides to resolve contradictions and disputes through consultation. Because as lessors and lessees, they don't have much energy and time to participate in a long lawsuit. Even if one party makes concessions, it is generally not necessarily a loss, not to mention litigation costs.
3. Mediation. If the lessor and lessee have conflicts, there must be an intermediary to mediate. In the past, it was appropriate for people familiar and trusted by both sides, including judicial mediation, to serve as the moderator. In modern society, it is also reasonable to bring housing rental agencies and communities into mediation as mediators.
4. arbitration. If you can't negotiate by yourself, is there a suitable mediator, or you don't want to go to the community or the judicial bureau for mediation. Arbitration can be adopted, with the arbitration department as the moderator of mediation. The difference is that the decision made by arbitration is more effective than the conciliation statement, and you can apply to the court for enforcement.
5. Sue. Rent contract disputes, if the contradictions are irreconcilable, will generally go to litigation. This is also the later solution. The parties to the dispute confront each other in court, and the judge makes a fair judgment based on facts and evidence. When the judgment comes into effect, it will be enforced.
6. handle it properly. Most disputes over lease contracts are trivial matters. Both parties should try to reach an agreement through consultation. There should be no anger and unnecessary accusations. There are always more good people, more empathy and more understanding, and both sides will be much broader.
The above is all the knowledge about the jurisdiction of renovation contract disputes and how to deal with contract disputes. Once a contract dispute occurs, it is a very troublesome thing. If disputes are not handled properly, it is easy to cause greater losses, so we should try our best to avoid contract disputes in our lives.
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