The jurisdiction for filing a claim, homeowners
Often in the practice of our company there are situations when the help of professionals apply the homeowners on the issue of debt recovery for public services with citizens-residents of the house evading the provisions of law payments. In this case, workers TSZH tempted to file a claim in a nearby court, especially not thinking about the legal question of jurisdiction consideration of this case. Let us examine the issue in more detail:
As a General rule, established in article 28 of the Civil procedure code, lawsuits against defendant, a natural person served at his place of residence. However, specified in law the concept of "place of residence" differs from household and means a place of basic registration of the defendant at his residence. That is, despite the fact of residence of the defendant in the house where the HOA is legally a place of residence can be in any city of Russia and a claim will need to submit it to the court on whose territory the "home" indicated a citizen.
Thus, if there are several debtors that are registered in different cities of Russia and thus evading payment of utility bills, representatives of the HOA will be forced to go to court "distant lands" in search of justice. Is there a way out of this situation?
When analyzing such cases our specialists konkretisiert attention provided by law to establish "their" jurisdiction in the Contract. Such a rule is established in part 9 of article 29 of the Civil procedure code and reads as follows:
"Claims arising from contracts, including labor, which specified the place of their execution, may be brought also to the court at the place of performance of such contract."
Everyman, faced with this rule will be surprised:
"So we're clear where were executed the Treaty, here's the address, why not file a lawsuit in our court?"
Unfortunately, the established jurisprudence requires not only to specify where and what address to fulfill the Contract, but also requires you to specify that the rule applies in determining jurisdiction. Only in this case, the courts are willing to take action in a different location than the place of registration of the defendant's address. Thus, it should clearly and clearly indicate that the parties by Agreement determined the place of performance of the Contract, and, as a consequence, jurisdiction for the specified address.
Also of interest is the fact that in the Contracts between tenants and homeowners, the question of jurisdiction may be completely inconsistent, as well as many other legal mechanisms that remain beyond the horizon "contracts from the Internet". That is why drafting this kind of Agreement is necessary to transfer experienced lawyer who is not only able to specify multiple "chips" in favor of one side or another, but explain the correct mechanism of execution of such Contract, which will allow to minimize risks of future disputes.