How to Initiate a Lawsuit?
  pubdate:2019-11-12 09:56:49 printing word size: big | general | small

Before filing a lawsuit, the following matters shall be fully taken into consideration.


1.      Plaintiff to the lawsuit


One shall, prior to initiating a lawsuit, firstly make sure whether or not they are a proper plaintiff. The plaintiff shall be a citizen, legal person or other organization that is directly related to the subject case and participate in the judicial proceedings in their own name.


2.      Defendant to the lawsuit


An explicit defendant is required when filing a lawsuit to the court. Explicit defendant means that: 1) the accused shall actually exist, while a deceased citizen or legal person whose registration is cancelled shall not act as a party to an action; 2) the basic information of the defendant shall be clear, including the name, gender, age, ethnicity, place of employment and address of the citizen, and the name, domicile, name and

 title of the legal representative or person in charge of legal persons.


3.      Claims


The plaintiff shall determine their claims, i.e. to request the court to order the defendant whether to continue to perform the contract, or to compensate for the loss, cease the infringement, abate the nuisance, eliminate the danger, return the property, restore things to their original state, repair, rework, replace, pay for the liquidated damages, eliminate the effects of the act, restore the reputation or apologize.


from:Tianjin Maritime Court