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Where Should the Two Parties Sue in a Dispute?

2020/1/8

The problem is complicated. In general, the lawsuit should be filed in the court where the defendant is located. But there are plenty of exceptions.

If the defendant is an individual, the plaintiff should sue in the court of the defendant's domicile. However, if the defendant leaves his place of residence and ends up living continuously in a place other than a hospital for more than one year, the plaintiff should file a lawsuit in the court of that place. If the defendant is a company, its domicile is its place of incorporation; If the place of registration is not the same as the place of business, the place of business is its location.

If a dispute arises over real property (e.g., a house), it should be brought to the court where the property is located.

If the parties agree on the jurisdiction of the dispute in the contract, the plaintiff shall bring a suit to the court of the agreed jurisdiction. If the parties fail to agree on the jurisdiction of the court, the plaintiff may bring a suit in the court where the defendant is located or in the court where the contract is performed.

Of course, jurisdiction is a very complicated issue. These are just a few examples. How to determine the jurisdiction of the court requires specific analysis.

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