1. If both parties agree to choose the court of jurisdiction, the following conditions must be met.
The scope of jurisdiction of the agreement can only be a lawsuit brought for contract disputes.
The law of choosing an agreement can only be the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the court where the subject matter is located.
The parties to a civil case of first instance can only agree to govern the court, but the second instance and retrial cannot agree to govern the court.
The jurisdiction by agreement shall not violate the provisions of the Civil Procedure Law on hierarchical jurisdiction and exclusive jurisdiction.
You may not choose a case that should be tried by a grass-roots court, and agree to hand it over to the court for trial. At the same time, the parties are not allowed to choose other courts with exclusive jurisdiction.
Both parties must reach an agreed written agreement.
A written agreement refers to the agreement on the jurisdiction clause in the contract or the agreement on the choice of jurisdiction reached before the lawsuit.
2. Litigation caused by contract disputes
If the contract is not actually performed and the domicile of both parties is not at the place of performance agreed in the contract, it shall be under the jurisdiction of the court of the defendant's domicile.
3. Due to the unqualified product quality.
The courts in the place where the products are manufactured, the place where the products are sold, the place where the infringement occurred, and the defendant's domicile all have jurisdiction over lawsuits that cause property or personal injury to others.
What sales contract
1. A sales contract is a contract to transfer property ownership in the form of equivalent compensation. Lease, loan and custody contracts do not involve the transfer of ownership of the subject matter, although one party also wants to transfer the subject matter to the other party. The sales contract is also equivalent to compensation, which is different from the gift contract that transfers the ownership of property but is not equivalent to compensation.
2. The sales contract is a two-service paid contract. The rights of one party in a sales contract are the obligations of the other party, in which the seller has the obligation to deliver the subject matter and transfer its ownership to the buyer, and the buyer has the obligation to pay the price.
3. The sales contract is a promise contract. The sales contract comes into effect when both parties reach an agreement on the sales intention of the subject matter, and the actual delivery of the subject matter is not an effective requirement. Therefore, the sales contract is a promise contract.
To sum up, it is Bian Xiao's relevant answer about the jurisdiction of prosecution of sales contracts, hoping to help you.
legal ground
Article 24 of the Civil Procedure Law of People's Republic of China (PRC)
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 18 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC).
Where the place of performance is stipulated in the contract, the agreed place of performance is the place of performance of the contract.
Where the place of performance is not stipulated or clearly stipulated in the contract, and the subject matter of the dispute is the currency of payment, the party receiving the currency is the place of performance of the contract; Where the real estate is delivered, the place where the real estate is located is the place where the contract is performed; For other targets, the place of performance of the contract is the place of performance of the contract. For contracts that are settled immediately, the place of transaction is the place where the contract is performed.
If the contract is not actually performed and the domicile of both parties is not at the place of performance agreed in the contract, it shall be under the jurisdiction of the people's court of the defendant's domicile.