What Is the Best Way to Handle a Payment Dispute?

Economic contract disputes refer to disagreements or disputes that arise between parties in the process of performing their obligations after signing an economic contract in accordance with the law. In the event of a dispute over an economic contract, the parties should first resolve it in a timely manner, and both parties should seek an acceptable self-solution based on the principles of mutual understanding and seeking truth from facts. If both parties are affiliated with the same competent authority, they may also request mediation from a higher competent authority. If the dispute cannot be resolved through negotiation or mediation, or the parties are unwilling to resolve the dispute through negotiation or mediation, then either party may apply for arbitration to a competent arbitration institution in accordance with the written arbitration agreement; if there is no written arbitration agreement, it may apply The people's court of jurisdiction has sued.

Economic contract disputes

Right!

Economic contract disputes refer to disagreements or disputes that arise between parties in the process of performing their obligations after signing an economic contract in accordance with the law. In the event of a dispute over an economic contract, the parties should first resolve it in a timely manner, and both parties should seek an acceptable self-solution based on the principles of mutual understanding and seeking truth from facts. If both parties are affiliated with the same competent authority, they may also request mediation from a higher competent authority. If the dispute cannot be resolved through negotiation or mediation, or the parties are unwilling to resolve the dispute through negotiation or mediation, then either party may apply for arbitration to a competent arbitration institution in accordance with the written arbitration agreement; if there is no written arbitration agreement, it may apply to the The people's court of jurisdiction has sued.

Chinese name

Economic contract disputes

File a complaint

People's court

Features

Subject-specific

Classification

Disputes on purchase and sales contracts, disputes over engineering contracts

Subject-specific

The specific subject of a contract dispute refers to the parties to the contract. There are also situations in which a contract dispute involves a third party, but it is rare, and it mainly occurs between two or more parties to a contract.

2. Diversity of dispute content

The content of contract disputes involves various aspects of the content of the contract itself. The content of disputes is diverse. Almost every aspect of the contract will cause disputes. For example, there will be disputes with the parties to the contract. One party to the contract is a legal person. A branch has signed a contract without having the right to sign a contract. Once this method violates the contract but is unable to bear the debt, the legal person who established the branch must and should bear responsibility. If the legal person is unwilling, disputes will arise. Another example is that the two parties entered into a contract through verbal negotiation. During the implementation process, due to inconsistent understanding of a certain clause originally negotiated, because there was no verbal proof, a dispute arose.

3. It is a civil dispute

The parties signing the contract are citizens, legal persons or other organizations of equal subject. The contract behavior is a civil legal act. Therefore, the contract dispute is essentially a civil dispute. Civil disputes should be resolved through civil means, such as negotiation, mediation, Arbitration or litigation, etc. The civil method is different from the administrative method and the criminal method. The administrative method directly intervenes in contract disputes through administrative methods. This is inconsistent with the concept of equality of contract law. A large number of administrative interventions existed in the era of planned economy. They still exist today. Contrary to the requirements of our socialist market economy, the criminal method is that the state resolves contract disputes through criminal means. Once a contract needs to be resolved through criminal methods, it cannot be called a contract dispute. It is a criminal case. At present, there are many cases of fraud using contracts. For such cases, it should be handled as a fraud rather than a general contract dispute.

4. Diversified solutions

There are various ways to resolve contract disputes. Generally speaking, there are mainly

1. According to the type of contract, economic contract disputes include purchase contract disputes, engineering contract disputes, processing contract disputes, storage contract disputes, financial lease contract disputes, loan contract disputes, technical contract disputes, joint venture contract disputes, etc.

2. According to the causes of disputes, economic contract disputes can be divided into disputes caused by the negligence of one party, disputes caused by the parties' breach of contract, and disputes caused by defects in the establishment and effectiveness of the contract.

1. Whether the actor has actual performance capacity. Under normal circumstances, those who have the sincerity to fulfill the contract are capable of fulfilling the contract, otherwise the contract will not be signed. Contract scammers are often incapable of performing at all.

2. Whether the actor used the deception to sign the contract. Legal companies sign lawful and effective contracts, have no deceptive means, and have the ability to perform. Generally, they can prove that they have the sincerity to perform. However, for contract fraud that has no intention of performing the contract, it is impossible to be deceptive. This kind of deception can be concluded at the time of signing the contract with a fictitious unit or with forged bills, false property rights and other means, which is impossible to perform or the other party cannot recover the loss when it is found to be deceived. When a contract is in a valid form, it conceals its true intention of not performing the contract at all, and flees after acquiring the other party's property.

3 Whether the actor has actual actions to perform the contract. Those who have the sincerity to perform the contract will inevitably work to create conditions to perform the contract. Contract scammers generally will not have the actual actions to perform the contract. Even if they perform part of the contract, they are also trying to deceive the trust of the other party in order to achieve their purpose . After receiving the goods, payment and advance payment delivered by the other party, they ran away and did not perform the contract at all. Regardless of whether the contract is valid or not, its fraud intention is undoubtedly determined, which of course constitutes the crime of contract fraud.

Negotiation

On the basis of friendship, the parties to the contract resolve the dispute through mutual negotiation, which is the best way.

2. Mediation

If the parties to a contract cannot reach consensus, they may require the relevant agencies to mediate. For example, if one or both parties are state-owned enterprises, they may require the higher authorities to mediate. Higher-level organs should distinguish between right and wrong for mediation on the basis of equality, and cannot conduct administrative intervention. The parties may also request mediation by the contract management agency, arbitration agency, court, etc.

3. Arbitration

If the parties involved in the contract fail to negotiate and are unwilling to mediate, they may apply to the arbitration agency for arbitration in accordance with the arbitration clauses stipulated in the contract or the arbitration agreement reached after the dispute has occurred.

4 litigation

If there is no arbitration clause in the contract and no arbitration agreement is reached after the fact, the parties to the contract may sue the contract dispute to the court for judicial settlement. In addition to the above general characteristics, some contracts have their own voluntary characteristics. For example, foreign contract disputes may be invoked when resolving foreign contract disputes, rather than Chinese contract law.