case introduction

       Mingming and Qianqian are college classmates, and they had a good relationship during their school years. After graduation, they also worked in Beijing and have been in constant contact. Not long after, Qianqian borrowed money from Mingming and claimed that she wanted to buy a house, but there was still a shortfall of 100000 yuan in the down payment. She asked Mingming if she had any money for emergency use and would repay it by the end of the year. Despite cherishing their friendship as classmates, they agreed. Considering their relationship, even though Qianqian was not required to sign a written loan contract, they went to the bank to transfer 100000 yuan to Qianqian's bank card. In the blink of an eye, Qianqian had already borrowed for over a year. Not only did she not fulfill her promise to repay the money by the end of the year, but she also blocked Mingming's contact information recently. In desperation, Mingming wants to sue Qianqian to claim the arrears. Because there is no information about Qianqian's frequent residence, and my registered residence is not in this city, can Mingming use the place where the transfer bank is located as the place of contract performance and determine the court of jurisdiction?

Court Trial

        Article 24 of the Civil Procedure Law stipulates that a lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place of contract performance. Article 18 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates that if the contract stipulates the place of performance, the agreed place of performance shall be the place of contract performance. If there is no agreement or unclear agreement on the place of performance in the contract, and the subject matter of the dispute is the payment currency, the place where the receiving currency is located shall be the place of performance of the contract. In cases where there is no agreed jurisdictional clause in the contract or the terms are unclear, civil lending disputes should be governed by the general provisions of contract dispute jurisdiction, namely the jurisdiction of the court in the defendant's domicile or the place of contract performance.

The judge's statement

         For the determination of the place of contract performance, the following three aspects should be comprehensively considered: first, whether the contract clearly stipulates the place of contract performance, such as stating "the place of contract performance: Haidian District, Beijing" in the contract. It should be noted that the agreement in the contract regarding the place of delivery, payment, and other contractual obligations shall not be used as a basis for determining the place of contract performance. Secondly, is there any special provision regarding the place of contract performance, such as Article 19 of the Interpretation of the Civil Procedure Law, which stipulates that property lease contracts and financing lease contracts shall use the place where the leased property is used as the place of contract performance. Thirdly, what is the subject matter of the dispute in the contract? If the subject matter of the dispute in civil lending disputes is the payment currency, the place where the receiving currency is located is the place of contract performance.

      Based on the above three aspects, if the location of the transfer bank and other third-party payment institutions does not belong to the legally defined "place of contract performance", the location of the third-party payment institution cannot be used as the basis for determining the jurisdiction of the case. If the parties only determine jurisdiction based on the location of the third-party payment institution as the jurisdictional connection point, the defendant's court may guide the parties to file a lawsuit in the court of the defendant's location or the place of contract performance.

      This article is transferred from the WeChat official account of "Beijing Haidian Court". Thank you.