How to determine the jurisdiction of the court folk lending dispute or loan contract dispute cases?

 How to determine the jurisdiction of the court folk lending dispute or loan contract dispute cases?

 

The loan contract is generally between financial institutions and corporate borrowing relationship, when determining jurisdiction, can be under the jurisdiction of the people's Court of the place where the contract is performed, can also be under the jurisdiction of the people's court. Provisions of the criminal procedure law of twenty-second civil, civil litigation, under the jurisdiction of the people's Court of the place where. Article twenty-fourth the provisions of the criminal procedure law, a lawsuit brought on a contract dispute, under the jurisdiction of the people's court to perform by the place where the defendant has his domicile or the contract. General principles of folk loan disputes over contract disputes, the defendant has his domicile or the contract to the jurisdiction of the court. If the defendant has his domicile and the performance of the contract, if the two do not agree, how to determine the performance of the contract?

 

The performance of the contract in judicial practice, how to understand?

According to the Supreme People's court "about how to determine the approved loan contract problems" (compound [1993]10), the lender domicile to perform its obligations under a contract, the parties to the contract except as otherwise agreed.

Both lenders and borrowers to jurisdiction not in violation of the provisions in Civil Procedure Law on jurisdiction under the agreement, the agreement.

 

The above reply content and the "PRC Contract Law" stipulates that the sixty-second are consistent, the provisions of sixty-second, the contract was not clear, nor can it be determined in accordance with the provisions of article sixty-first of the contract law, the following provisions shall be applied: the place of performance is not clear, the payment currency, in the currency (accepted currency in one location is in accordance with the contract to accept money debt contract parties domicile) the place where the obligor is located. By lenders (lenders) that accept money in one location (usually the plaintiff to the court the jurisdiction of the people's court).

 

Beijing loan dispute legal advisory Tel: 1381011971 Mr. SongLegal advice or case litigation agency