IMPORTANT CONSIDERATIONS FOR THE LAWSUIT DOSSIER IN COMMERCIAL BUSINESS CASES
When engaging in commercial business relationships, conflicts and disputes among enterprises are common and inevitable. If disputes between parties cannot be resolved through mediation or negotiation, the parties have the full right to initiate legal proceedings in a competent court for resolution. To initiate the lawsuit procedure, the first step for businesses is to prepare the lawsuit dossier, including the necessary documents for the case. In this article, TNTP will provide readers and businesses with insights on the steps to take when filing a lawsuit to resolve commercial business disputes in Court.
The form and content of a lawsuit petition are specifically regulated in Article 189 of the 2015 Civil Procedure Code. Accordingly, when initiating a lawsuit, businesses are required to prepare the lawsuit dossier, which includes the Petition. Attached to the Petition are documents and evidence that substantiate the legitimate rights and interests of the aggrieved business.
1. The Petition
According to the provisions of civil procedure law, the Plaintiff is required to submit a written petition to the Court. The Petition must adhere to the form and content formality specified in Article 189.4 of the 2015 Civil Procedure Code, which outlines specific details as follows:
1. The date the Petition was made;
2. Name of the Court receiving the Petition;
3. Name, place of residence, workplace, or the Plaintiff’s headquarters, or the contact address at the Court if the parties have an agreement;
4. Name, place of residence, workplace, or headquarters of the Defendant;
5. Name, place of residence, workplace, or headquarters of the person with related rights and obligations;
6. The legal rights and obligations of the Plaintiff that have been infringed upon;
7. Lawful interests and duties of the Plaintiff that are infringed upon; specific matters of the Defendant, the person with related rights and obligations that are applied for resolution by the Court;
8. Full name and address of the witness (if any);
9. A list of accompanying documents and evidence for the Petition.
In this regard, Plaintiff needs to particularly emphasize the “Legitimate interests and rights of the Plaintiff that are violated; including specific issues that require the Court to resolve for the Defendant, the person with relevant rights and obligations.” This is the most crucial and indispensable content in any Petition. This content is directly related to the business’s rights and will serve as the basis for the Court to understand the case, conduct an examination of the case file, and resolve the matter based on the initial demands.
2. List of documents and/or evidence accompanied with Petition
The Plaintiff must include with the Petition the documents and evidence to substantiate the business’s reasonable demands and ensure that the Court comprehends the essence of the matter, providing a foundation for examination and case jurisdiction. Different cases will correspond to various documents and evidence as listed in the attached schedule to the Petition, depending on the complexity of the claims. However, for the lawsuit documents in commercial business cases, typically, the Plaintiff will need to prepare documents and evidence, including:
– Documents and evidence substantiating the legal status of the initiating business, including the latest Business Registration Certificate (BRC); ID card/Citizen Identification Card/Passport/Other personal identification documents of the legal representative under the law; ID card/Citizen Identification Card/Passport/Other personal identification documents of the authorized representative and the Power of Attorney (in cases where authorization is given to someone else to file the Petition).
– Documents and evidence substantiating the legal rights and interests of the aggrieved business, including:
– Documents and evidence demonstrating transactions and contract agreements: Contracts and agreements between the parties involved.
These are documents that prove the parties have reached an agreement and established a civil transaction that binds obligations among them. In commercial business cases, the Court only protects the rights and interests of the P when there is evidence demonstrating the existence of a transaction or agreement between the parties. In cases where the parties have made an oral agreement without documentation, the business must provide a clear explanation in the Petition, along with documents and evidence to demonstrate that the parties have verbally agreed on the transaction and have ensured the fulfillment of obligations.
– Documents and evidence related to the execution of transactions and contracts, including Purchase Orders, Goods Receipt Notes/Delivery Receipts, Warehouse Release Bill, Payment Requests, and more.
These are documents that substantiate disputes arising from the failure to perform or improper performance of contractual obligations, such as delayed delivery, delayed payments, disputes regarding the quality of goods, and more.
– Documents and evidence related to the dispute, including official letters and documents requesting debt payment, notifications and exchanges regarding force majeure events, documents concerning fines for violations and compensation for damages, email correspondences, text messages, and negotiations between the parties, and more.
These are documents that prove the damages suffered by the initiating business resulting from the breach of one or more parties involved in the transaction. This is a crucial basis to establish the reasonableness and legality of the initial lawsuit demands by the business.
– Documents and evidence substantiating the legal status of the legal representative under the law/the authorized representative participating in the litigation, or the person protecting the legal rights and interests of the involved parties: Power of Attorney and ID card/Citizen Identification Card/Passport of the authorized representative participating in the litigation; or the lawyer’s appointment document (accompanied by the lawyer’s license, lawyer’s professional certificate, and the registration certificate of the lawyer’s professional organization if the lawyer is working within such an organization). If the business authorizes a legal representative or has a lawyer participate in the initiation phase of the lawsuit in Court, they must present documents substantiating their legal status.
After completing the preparation of the lawsuit dossier, the business will file the Petition along with the accompanying documents and evidence to the competent Court. Adequate preparation of the lawsuit documents from the outset will help the business save time and costs, while also providing favorable conditions for the Court to promptly resolve the Petition, ensuring the maximum interest for the business.
The above are our legal insights regarding the important considerations for the lawsuit documents in commercial business cases. We hope that through this article, TNTP can help you better understand this matter. If you have any questions, please don’t hesitate to contact TNTP for more specific advice.
TNTP International Law Firm and Associates