Very much folk's leasehold both sides often is not the person of a place, after producing issue, had better be to choose litigant way to solve, lawsuit should decide a court namely above all administer. But be based on party is not a place, undertake very hard deciding. Chen Jin of office of Jiangsu Su Xing's attorney's lawyer is analytic.
One, how does leasehold dispute decide administer
1, the category that case of civilian leasehold dispute attributes contract dispute, accuser has option of choose land suit
Top people court " civil case brief of a case sets " in " folk is leasehold " belong to 3 class brief of a case, park 2 class brief of a case " loan contract dispute " in, accordingly, dispute of civilian leasehold contract attributes loan contract dispute.
To contract dispute case administer, civilian accuse the law sets the 23rd times: "Because of the lawsuit that contract dispute mentions, by ground of the accused abode or the contract fulfills ground people court administer " . Accordingly, accuser has option, according to civilian accuses law thirtieth sets 5 times: "Two above court has jurisdictional suit, accuser is OK to among them a court is sued " , can choose to be sued in court of ground of the accused abode, also can fulfill ground court to sue in the contract.
2, leasehold both sides is fulfilled with respect to the contract the ground did not agree or the agreement is ambiguous, after the event did not reach compensatory agreement, according to the contract concerned clause perhaps trades the habit still cannot decide, fulfill the ground in order to accept seat of monetary one party for the contract.
In civilian leasehold case so called " accept monetary seat " put in two kinds likelihood: One kind is contract of loan of Nuo by nature after signing, lender does not have actual loan loan, borrower accuses the contract that fulfils lend to forensic requirement lender is compulsory, the one party that accepts a money right now is borrower; the 2nd kind of circumstance is borrower after getting money, expire to did not remand, lender sues requirement reimbursement, right now this lender accepts monetary one party namely.
2, folk's leasehold prosecution condition
1, accuser is; of as other perhaps as the citizen that this case has direct interests, legal person organization
2, must have clear the accused;
3, have; of specific litigant request and fact, reason
4, the limits that belongs to people court to hear civil suit and suffer courtyard of civil code telling a person administer.
Chen Jin's lawyer is compensatory:
3, dispute of civilian leasehold processing
The way that handles civilian leasehold issue includes to talk things over, the sort such as mediation, arbitration and lawsuit. What special need recommends here is the 4th kind of means: "Lawsuit " , it refers in particular to legal a kind of simple and easy program, also supervise and urge namely program.
The code of civil law that revised 1991 added this program. According to law sets, clearer to the fact, the creditor's rights debt with not large number concerns, creditor can apply for to pay to the court your, immediate demand debtor repays debt.
Additional item
It is not to want to lend unfamiliar the person money easily. The case that hears from the court looks, reimbursement success rate wants leasehold and bilateral unfamiliar far under the folk between acquaintance leasehold. After many stranger lent money, went, reimbursement date arrived, the person cannot be found however.
2 it is borrower reimbursement when due receipt, or after reimbursement receipt for a loan present destroy by melting or burning, lest be offended later,will be bothered needlessly. Additional, reimbursement lending money is best can bagman proves.
A few days ago, the State Council was released " a certain number of opinions that invest healthy progress about encourage and guiding folk " , be called " blame is communal economy is new 36 " " opinion " entered financial industry to open for civilian capital enter the gate of hall, the development that is civilian capital brought new turning point.
