Evidence and proof are both rights and obligations of the parties when resolving contractual disputes in court. Litigants have the right to actively collect and hand over evidence to the Court, not to prove that their lawsuit request is valid just and legal. In this article, TNTP will mention and analyze some documents and evidence that businesses need to provide when resolving contract disputes in Court.
1. Group of documents on the legal status of the subject – Legal entity records
The group of documents on the legal status of the subject is the first type of document that needs to be collected and studied when participating in the settlement of contract disputes at the Court. In particular, legal entity records are mandatory evidentiary documents, which have a general meaning of the legal status of the parties in the disputed relationship and prove the litigant’s status and the enterprise’s legal representative when participating in the proceedings.
The legal entity profile of each enterprise is not the same because it depends on the type of business, business lines, etc. but consists of the following documents:
- Certificate of business registration.
- Charter
- Investment certificate (for enterprises, an investment certificate is required by the provisions of law).
- List of capital contributors for limited liability companies, partnerships, and register of members for joint stock companies.
- The power of attorney of the legal representative of the enterprise and the authorizations of shareholders and owners in the enterprise (if any).
- Certificate of registration of tax code and customs code.
- Account number of the enterprise at the bank, seal form and signature form of the chief accountant, and power of attorney if any.
Attached to the legal entity dossier are documents and records proving the legal status of the representative of the enterprise participating in the proceedings such as identity card/citizen identity card/passport.
2. Group of documents and evidence related to the process of entering into contracts
- Contracts are legal corridors in the process of civil and commercial transactions. For settlement of disputes related to contracts, including but not limited to disputes over invalid contracts; disputes over the terms of the agreement on rights and obligations; disputes over the contract term, etc. the contract that the parties have signed is a key document for the agency conducting the proceedings to delineate the trial, based on the content of the rights and obligations agreed upon by the parties.
- In case the parties sign multiple contracts to agree on the implementation of a commercial relationship, the enterprise only needs to provide a contract containing the disputed relationship. In case the parties sign subcontracts, and contract annexes attached to the main contract, the enterprise provides both subcontracts and annexes to the accompanying contract.
- Besides the main object of the contract, documents related to the process of entering into a contract should also be reviewed and collected as it relates to the existence, and validity of the contract, how to understand the contract and the practice of entering into it. Some documents can be listed such as Power of Attorney, Memorandum of Understanding, Letter of Request, etc.
3. Group of documents and evidence related to the contract performance process
- Accounting for the majority of disputes from or related to contracts are disputes arising during the performance of contracts by the parties. Accordingly, records and documents that the parties store and exchange during the performance of the contract are valid for verifying the exercise of rights and obligations of each party in the contractual relationship. However, depending on the type of contract and the way the contract is performed, documents and evidence related to the contract performance process are often a group of documents that are not focused on establishing and backing up. This omission, whether derived from objective causes or subjective reason, is detrimental to the dispute settlement process due to insufficient grounds to prove and validate the performance of each party’s rights and obligations or verify whether there is a breach of contractual obligations.
- Depending on the contract type, the contract’s performance will be accompanied by different documents. In addition to the legal documents required to be established during the performance of the contract such as acceptance minutes for construction contracts, and documents related to goods for contracts for international sale and purchase of goods; To proactively prevent disputes arising from contracts, each party in the process of contract performance needs to complete a system of documents and documents verifying the performance of specific rights and obligations.
- The determination of evidence and the handover of evidence when settling contract disputes at the Court must be based on the basic principles specified in Articles 94 to 97, Chapter VII of the Code of Civil Procedure 2015.
Above is the article “Provide evidence when resolving contract disputes in court”. We hope this article is useful to you.
Respect.
