【 Weak current College 】 sale contract dispute between solve problems

Resolve contract disputes settlement there are four ways, i.e. negotiation, mediation, arbitration and litigation. Which by the parties to a contract under the law and the relevant provisions of the contract of their own consultation, either through mediation by civil society organizations in accordance with the principle of voluntary and legally on the Contracting Parties of the dispute to be resolved, both the most easy and convenient. Secondly, the contract arbitration clause or an arbitration agreement, after the manner of resolving disputes, compared to the Court, but also facilitate the expeditious resolution of cases and reduce the cost of solving. Of course, through litigation settlement although time-consuming, costly, but it is resolving contract dispute one of the most important and authoritative way.

I. consultation

Contract the parties if the contract has occurred during disputes, first, mutual benefit, and should be according to the principle of consensus. Neither should take negative delay, it should not take payment for the withholding of the goods or refuse to pay their own way to exercise the right to legal punishment, because both of these practices are does not contribute to the solution of the problem. In accordance with the legal provisions, you should first resolve the dispute through negotiation. Consultations, the parties to resolve disputes is built on mutual understanding, equality on the basis of the consultations, without prejudice to the solidarity and the continued cooperation in the future, but also can save time, effort and cost, therefore, should be greater use of this method.

The need for the debtor to repay their debts and their temporary and are unable to repay, you can consult the solution in two ways:

1), amortization. If the debtor because the product backlog or foreign debt not receive back the temporarily unable to repay, so you can wait until the backlog of product selling out, or other unit after the recovery of arrears. If the loss due to mismanagement temporarily but has not yet been announced, following the insolvency of the enterprise efforts can also improve the management of reversing the loss as soon as possible, on a voluntary basis, to develop practical stages repayment plan. Doing so not only can the legitimate interests of the creditors to be achieved, also allows the debtor to improve enterprise management, and change the insolvent passive situation.

2), real debts. If the debtor because the product backlog does not have funds to repay debts, you can also take after mutual consultation to product solutions to cover their debts. To products that can help the debts of the debtor to sell the product backlog, but also can play the role of debt, "lifeless" becomes "the beast" to the State, both parties will benefit. In addition to in-kind debts can also be taken by the creditor agent sales approach, the actual price paid for the promotion to repay debts.

II. arbitration

Arbitration is a dispute arose between the parties, consultations not into, in accordance with the relevant provisions of the agreement between the parties or by certain bodies to broker or third party's identity, on both sides of the dispute occurs, as a matter of fact to determine, on the rights and obligations. Using arbitration to resolve contract disputes is commonly used.

The parties resolved by arbitration in contract disputes, should pay attention to the following questions:

Period 1), arbitration. The parties must seize the opportunity, in the legal provisions apply for arbitration, within the period of the effective exercise of their rights in a timely manner, to avoid the missed opportunity and loss of his right to apply for arbitration.

2), arbitration and jurisdiction. Arbitration under the provisions of the contract, the contract arbitration body is a State administration for industry and Commerce and local levels and commerce contract Arbitration Committee established. Case is the principle, generally by the contract or contracts signed with the jurisdiction of the arbitration body. Therefore, the Parties shall have jurisdiction of arbitral authority for arbitration.

3), the validity of arbitration. Through arbitration authorities reached an agreement on both sides of the mediation, the agreement shall have the force of law, both parties must be carefully observed. If mediation fails, arbitration bodies final arbitral award made will have legal effect, the parties must comply with, otherwise the Court is enforced.

Third, the litigation settlement

When a contract dispute, the parties can negotiate, Court, through litigation to resolve disputes. In recent years, as China's legal system continues to improve, and legal knowledge of popular, people's legal consciousness rising enterprise through litigation to resolve contract disputes is growing.

You should note the following aspects:

1), the limitation of action. Contract lawsuit refers to contract a party in the statutory period do not exercise their right to the loss of a court in accordance with the procedure mandatory obligations of human rights obligations. In other words, the right people in the contract, the limitation period does not prosecute in favour of lost. Contract as a civil contract, the limitation applicable to civil general clauses in the General provisions of the Statute, namely, the limitation period to two years (except as otherwise stipulated by law), from the rights person knows or should know that the right was violated. Establishing the system of limitation of actions for the helped parties actively advocate their rights, as well as the legal relationship does not end when it determines the State to resolve contract disputes, stable social and economic order are extremely necessary. Implementation of this system, and for the parties to a contract must be in the statutory limitation period, the timely exercise their procedural rights. Of course, if you exceed the limitation period, the other party of voluntary compliance, can not subject to limitation. In addition, the General principles of the civil law also provides for the suspension of the limitation and the interruption. In accordance with article 139 General principles of the civil law provides that the limitation of suspension is the limitation period in the last six months, force majeure or other obstacles to exercising the right to request. The causes of suspension of prescription from the Elimination of the limitation period continues to calculate. In accordance with the General principles of the civil law, article 149 of the limitation of actions interrupting the limitation is due to a lawsuit, if one Party requested or agreed to fulfil their obligations without interruption. Starting from interrupted the limitation period. If you meet these two requirements, the parties can still requirePeriod to exercise their procedural rights.

2), and jurisdiction. Article 23 of the code of civil procedure stipulates that disputes arising from the contract, the contract or contracts signed with the jurisdiction of the people's Court. According to this provision, the Parties shall be the competent court.

3), litigation preservation. Litigation preservation is a civil law system, the Court may act for a party or other reasons, the judgment could not be performed or difficult to implement, can according to the other party, or on its own initiative against one of the parties of the property taken seizure, seizure, freezing, warranties and other measures. Under this system, in the litigation process, if one of the parties found the other party's property may soon be lost or hidden, transfer, make your own applications for payment of the litigations are difficult to achieve the intended purpose, to the Court as judgment before the court proceedings, to ensure the preservation of their rights. Of course, apply for a party to litigation to preserve, be successful, otherwise, if unsuccessful, to compensate the other party as a result of litigation to preserve suffered property damage.

4), mediation and adjudication. Court proceedings against a party, first to mediation, if after the conciliation agreement reached between the parties, mediation agreement shall have legal effect, the two sides should be strictly implemented, otherwise the Court will enforce. If the Court mediation fails, you have to make a judgment or ruling, the parties to the judgment or not, you can receive the judgement of 15 days or received with the order within 10 days from the date of an appeal to a higher court, if it exceeds the appeal period the parties did not appeal, the first instance ruling or determination that is legally effective, the parties must perform. The second instance court judgments and rulings, the Court's judgment, it is concluded that the parties must perform. Of course, if the parties deem force of judgment or order is wrong, without having to stop the execution of the judgment or order, you can also submit your trial monitoring people's Court for retrial or superior.