Brief of the case

    Zhang Ming borrowed 200,000 yuan from Li Li because of the difficulty of capital turnover. The two parties signed a Loan agreement in March 2023, which stipulated that the lender Li Li lent 200,000 yuan to the borrower Zhang Ming, and Zhang Ming should repay the loan in March 2024. If Zhang Ming fails to fulfill the repayment obligation, the two parties can Sue the court where the lender lives. Li Li wants to defend her rights through legal channels. Li Li's domicile is located in Chengde City, Hebei Province, and her residence permit shows that her residence in Beijing from August 2020 to December 2023 is in Haidian District, Beijing, and her residence in Beijing from January 2024 to now is in Changping District, Beijing. Which court should Li Li Sue?

Judge's statement

    Article 35 of the Civil Procedure Law stipulates: "The parties to a dispute over a contract or other property rights and interests may, by written agreement, choose the people's court at the place where the defendant has his domicile, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff has his domicile, the place where the subject matter is located, and other places that have actual connection with the dispute to have jurisdiction, provided that the provisions of this Law on jurisdiction at different levels and exclusive jurisdiction shall not be violated."

    Article 32 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: "If the jurisdiction agreement stipulates that the people's court of the domicile of a party shall have jurisdiction, and if the domicile of the party changes after the signing of the agreement, the jurisdiction shall be exercised by the people's court of the domicile of the party at the time of signing the jurisdiction agreement, unless otherwise agreed by the parties."

    In this case, the "loan agreement" signed by Li Li and Zhang Ming stipulates that both parties can Sue the court where the lender is domicile. This agreement does not violate the provisions of hierarchical jurisdiction and exclusive jurisdiction, and is a clear and effective agreement. Because Li Li's domicile is located in Haidian District at the time of signing the Loan Agreement, even if Li Li's domicile changes in the future, the court of jurisdiction shall still be the court of Li Li's domicile at the time of signing the jurisdiction Agreement. Therefore, Li Li should file a lawsuit with the Haidian District Court, the court where she was domiciled at the time of signing the Loan Agreement.

    This article is transferred from the "Beijing Haidian Court" wechat public number, thank you!