How to deal with disputes over store transfer?

Disputes over the lease and transfer of shops can be resolved through conciliation, mediation, arbitration and litigation. First of all, reconciliation should be carried out in private on the principle of equality and mutual benefit. If the settlement fails, you can ask a third party to settle it through consultation. If negotiation fails, the designated institution shall conduct arbitration according to the provisions of the contract or the agreement of both parties; If it is still unresolved, you can bring a lawsuit to the people's court to safeguard your legitimate rights and interests according to law.

I. Details

(1) Negotiation means that the parties agree to make concessions to each other without going through the court, so as to terminate the dispute or prevent the occurrence of the dispute.

(2) People's Mediation: A mediation agreement is reached under the auspices of the People's Mediation Committee.

(3) Civil and commercial arbitration: If both parties have an arbitration agreement or arbitration clause, they can go to an arbitration commission above the city with districts for arbitration.

(4) Litigation:

1. When a party files a civil lawsuit, it shall submit a complaint, plaintiff's qualification certificate, prosecution evidence and other materials. Where an agent brings a civil lawsuit on behalf of the plaintiff, it shall also submit the qualification certificate of the agent.

2. The parties shall submit the original indictment signed or sealed by themselves, and submit copies according to the number of other parties.

If it is really difficult to write a complaint, it can be made orally, recorded by the people's court and read to the plaintiff; After confirmation, the plaintiff shall sign or seal it.

3. The indictment and oral prosecution record shall record the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person (hereinafter referred to as the basic information of the parties);

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.

4. If the plaintiff is a natural person, a copy of identification materials shall be submitted; If the plaintiff is a legal person or an individual industrial and commercial household, it shall submit a copy of its business license, and other organizations shall submit a copy of legal documents proving its valid establishment. The legal person shall submit the annual inspection certificate, and the representative or principal responsible person of the legal person or other organization shall submit the original certificate of employment and a copy of the identity certificate.

In addition, when the following persons or organizations file a civil lawsuit as plaintiffs, they shall submit the following materials:

(1) the executor, the property custodian of the missing person, etc. If a lawsuit is filed on behalf of the right subject, a copy of the certification materials with the above identity shall be submitted;

(2) According to Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Marriage Law (I), if an interested party files a lawsuit to confirm that the marriage relationship of others is invalid, it shall submit a copy of the certification materials that he is a close relative with the marriage party;

(3) When an agent ad litem files a lawsuit, he shall submit all copies of the plaintiff's identity certification materials as well as other certification materials that he has been selected as the plaintiff's agent ad litem.

5. The legal agent and the designated agent shall submit a copy of their identification materials and a copy of their relationship with the plaintiff. The entrusted agent shall submit a copy of identification materials, a power of attorney with clear authorization, and the certificates and letters of the entrusted law firm or trustee.

2. What are the precautions in the lease contract?

1, verbal agreement. A formal rental contract must be signed to rent a house, and the contents of the contract should be detailed. Especially who will pay for water, electricity, gas, telephone, cable TV, sanitation and property management fees? And list all the values before renting a house, and all the expense details are written in the contract, instead of just verbally reaching an agreement, causing subsequent troubles.

2. Obligations and expenses for house repair during the lease period. During the lease period, if there is a problem or failure of the house and its ancillary equipment, who will repair it and how to bear the cost, it is necessary to reach an agreement in advance, otherwise once there is a problem, it will easily lead to disputes.

3. The lessor is not restricted. The lessor in a house lease contract is usually the owner of the house, but not limited to the owner. The lessee shall not claim that the contract is invalid and refuse to pay the rent on the grounds that the lessor does not enjoy the ownership of the house, and can only ask the lessor to bear the liability for breach of contract.

4. The identity of the lessor. Tenants should ask the landlord to show their identity documents and the original household registration book, because many scammers now cheat with fake ID cards; There is also the need to ask the landlord to show the original certificate of ownership of the house, plus the property certificate or use certificate. If the property right certificate is still being processed, it is necessary to show the purchase contract signed with the original property right unit.

5. Sublease obligation. If the lessee sublets, the lease contract between the lessee and the lessor is still valid. If a third party causes losses to the leased property, the lessee shall compensate for the losses.

6. Payment method and term of rent. After consultation, the two parties agree in the contract whether to pay once every three months or once every six months or even once a year, otherwise conflicts will easily arise.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 126 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.

Article 127 The people's court shall handle the following prosecutions separately according to the circumstances:

(a) in accordance with the provisions of the administrative procedure law, which belongs to the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit;

(2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, inform the plaintiff to apply to an arbitration institution for arbitration;

(3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;

(4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;

(5) If a party files a lawsuit in a case in which a judgment, ruling or conciliation statement has become legally effective, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit;

(six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted;

(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.