How to determine the jurisdiction court of financial management contract
A lawsuit brought in connection with a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.
The jurisdiction of entrusted financial management cases is a prominent problem in trial practice. Because entrusted financing is an investment management activity in financial markets such as securities and futures, and financial markets are not a regional concept, it is difficult to determine an objective and specific performance place for entrusted financing transactions; In particular; The entrusted financial management case is complicated; The judicial standards of local courts are different; This makes it difficult to judge the place where the contract is performed or the infringement zone; In addition, in the trial practice, the domicile of financial institutions such as securities and futures is usually confirmed as the place of performance of the contract, while the defendants in entrusted financial management cases are mostly financial institutions such as securities companies and futures companies, and their domicile coincides with the place of performance of the contract.
People's Republic of China (PRC) Civil Procedure Law
Article 2 1 General Territorial Jurisdiction
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. If the domicile and habitual residence 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 Jurisdiction over contract disputes
A lawsuit brought in connection with a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.
Article 34 Jurisdiction by Agreement
The parties to a dispute over a contract or other property rights and interests may, through written agreement, choose a people's court in a place that has a real relationship with the dispute, such as 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 it shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
These are the answers to the related questions compiled by Bian Xiao. To sum up, we can understand that the jurisdiction court of a financial management contract should be determined according to the place where the contract was performed when the contract was signed, or according to the court chosen by the plaintiff.
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