Standard clauses

1. Standard clauses refer to clauses that are drawn up in advance by the parties for repeated use and are not negotiated with the other party when entering into the contract;

2 . If the standard clause has the effect of invalidating the contract or the exemption clause, or if the party providing the standard clause exempts its liability, increases the liability of the other party, or excludes the other party's main rights, the clause is invalid;

3. Understanding of the standard clause In the event of a dispute, it shall be interpreted in accordance with common understanding. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms shall be made. If the standard terms and non-standard terms are inconsistent, the non-standard terms shall be adopted.

Force majeure

Force majeure refers to objective circumstances that are unforeseen, unavoidable and insurmountable. For example:

1. Natural disasters, such as earthquakes, typhoons, floods, hail, mudslides, etc.;

2. Government actions, such as expropriation, expropriation, etc.;

3. Abnormal social events, such as riots, etc.

Property preservation

Property preservation means that before the interested party files a lawsuit or after the parties file a lawsuit, the people's court imposes a penalty on the parties in order to ensure that future effective judgments can be executed or to avoid property losses. property or the subject matter of the dispute, take compulsory measures to restrict the disposition of the parties concerned.

Seizure

The so-called seizure refers to a kind of property preservation in which the people's court counts the property that needs to be preserved, affixes a seal, and seals it on the spot to prevent any unit or individual from disposing of it. measure. Be careful about sealing the property when signing the contract.

Arbitration

Arbitration means that the parties to a dispute reach an agreement on a voluntary basis and submit the dispute to a third party who is not a judicial institution for trial. The third party will make a decision that is beneficial to both parties to the dispute. A system and method of resolving disputes through binding adjudication.

Arbitration is a dispute resolution method that is contractual, autonomous, civil and quasi-judicial in nature. Arbitration is a final decision and is more expensive than litigation; however, enforcement requires an application to the People's Court.

Enforcement

1. In accordance with legal procedures, the court uses state coercive power and compels civil obligors to complete their obligations in accordance with the provisions of the execution documents to ensure the rights of the obligees. Rights are realized.

2. Execution documents include legally effective civil judgments, rulings and other legal documents that should be executed by the court in accordance with the law. Once they are determined, the obligor shall automatically perform them. If they refuse to perform, the obligee may apply to the court for enforcement.

3. The right person who files the application is called the applicant, and the person named to perform the obligation is called the respondent, also known as the person subject to execution. The applicant is the winning party and the respondent is the losing party. Execution proceedings are the final step in civil proceedings.