Current location - Trademark Inquiry Complete Network - Trademark registration - Agency contract statute of limitations
Agency contract statute of limitations

The latest statute of limitations for agency contract disputes is three years. As we all know, any incident will have a legal statute of limitations, but the specific statute of limitations is determined based on the type of case. However, it is recommended that when everyone knows that their rights and interests have been harmed, they should immediately use legal weapons to protect their legitimate rights and interests. The longer the incident is postponed, the harder it will be to solve it.

1. What is the statute of limitations for the latest agency contract disputes? According to the provisions of the General Principles of Civil Law, the statute of limitations for general contract disputes is 3 years. Several types of special disputes, such as delayed payment or refusal to pay rent in the lease contract, For disputes, the statute of limitations for disputes regarding the loss or damage of items deposited in the custody contract is one year. Due to the complexity and geographical nature of the contract, the time limit for filing lawsuits or applying for arbitration due to disputes over international sales of goods contracts and technology import and export contracts is four years. If other laws stipulate special statutes of limitations, such provisions shall apply. For example, the statute of limitations for freight compensation claims stipulated in the Maritime Law is one year. The statute of limitations begins to run from the date when the party knows or should have known that his rights have been infringed.

2. How to prevent contract disputes Specifically speaking of the prevention of contract disputes, the following main measures are taken to prevent contract disputes: 1. Fully understand the "Contract Law" and its related laws, administrative regulations and judicial Interpretation Provisions The "Contract Law" is the basic law that regulates the contractual behavior of the parties, and the parties should fully understand it. In addition, other laws, administrative regulations, and judicial interpretations also regulate a specific contract or some specific aspects of the contract. Issues are standardized. For example, the Insurance Law has specific provisions on insurance contracts, and the Intellectual Property Law has specific provisions on contracts related to patents, trademarks, copyrights, etc., and the parties concerned should also understand them. The main contents stipulated in the "Contract Law" include: the meaning of the contract, the basic principles for making a contract (voluntariness, fairness, honesty, credit, legality, etc.), the procedures for making a contract, the validity and invalidity of the contract, the principles of contract performance, the right of defense, Suspension of performance, right of subrogation, right of revocation, etc. The parties understand the conditions and procedures for contract modification and transfer, the reasons, procedures, conditions for contract termination, liability for breach of contract, and the specific types of contracts (sales contract, donation contract, loan contract, lease contract, technology contract, entrustment contract), etc. It clarifies the provisions of contracts and related laws and regulations, which is conducive to the detailed and legal conclusion of contract terms and avoids contract disputes caused by loopholes or invalidity of contract terms. 2. Investigate and understand the other party’s ability to perform the contract. It is very important to investigate and understand the credit status of the other party before entering into a contract, so as to effectively avoid fraud disputes and breach of contract disputes. Investigating and understanding the credit status mainly refers to checking the business license of the other party, understanding the creditworthiness of the other party, etc. If the other party's credit status is good, the performance of the contract may be guaranteed after the conclusion of the contract; if the other party's credit status is poor, the business reputation is not good, or even on the verge of bankruptcy, it naturally lacks or does not have sufficient ability to perform the contract. Signing a contract with such a party There will be great risks, and disputes will arise after the contract is concluded. While investigating and understanding the credit status of the other party, the parties should also understand the subject qualifications of the other party, that is, whether the person signing the contract is qualified to sign the contract. Generally speaking, citizens themselves, legal representatives of legal persons, and heads of other organizations are qualified as contracting parties. When other persons sign contracts on behalf of individual citizens, legal persons or other organizations, they must have a power of attorney. Especially when a contract is signed through an agent, the agent should issue a legal and valid power of attorney from the principal (principal). Otherwise, after the contract is signed, disputes about the invalidity of the contract may arise because the formal requirements of the contract are not met. 3. Carefully prepare contract terms. Contract terms are the basis for the parties to perform the contract. In order to avoid contract disputes caused by incomplete or ambiguous terms, the parties should carefully prepare the contract terms. In addition to the mandatory provisions of the law, other contract terms can be agreed on the basis of consensus. The law gives the parties full freedom to conclude a contract. The parties should agree in detail, especially on the subject matter of the contract (including name, type, etc.), quantity, quality, price or remuneration, performance period, place of performance, method of performance, and liability for breach of contract (breach of contract). The main terms of the contract include the calculation method of damages or compensation for breach of contract, etc.), the method of resolving disputes, etc. In addition, depending on the nature of the contract or the terms that the parties need to specifically agree on, they should also be specified in detail. If the case has passed the statute of limitations, the People's Court will not accept the case.

However, the sooner the case is handled, the better. After all, if it takes a long time, a lot of evidence will not be found, and it will not be of any benefit to you. If the statute of limitations is interrupted due to other reasons, the statute of limitations will be recalculated.