Hunan Effectively Solves the Difficulty of Financial Case Delivery

2023-05-08

In order to effectively solve the problem of difficult delivery that restricts judicial quality and efficiency, recently, the Higher People's Court of Hunan Province and the Hunan Regulatory Bureau of the China Banking and Insurance Regulatory Commission jointly signed the "Implementation Opinions on Agreed Delivery Methods in Banking Financial Contracts (Trial)", aiming to effectively solve the problem of difficult delivery in financial debt collection and financial loan dispute cases, and improve the efficiency of financial trials. The implementation opinions are clear. When banks and financial institutions sign contracts for external business transactions, they should clearly specify the delivery method of the contracting parties and agree that this delivery method is an effective way to serve legal documents in debt collection, arbitration, or litigation. If the parties to a financial dispute clearly agree on the method of service of legal documents in the contract or other written documents, the court may directly serve the legal documents according to the agreement. The delivery address agreed upon by the parties to a financial dispute in the contract can be applied to civil trial and execution procedures after entering judicial proceedings. Unless the parties to the contract have agreed on the scope of application of the delivery method, one party confirms the change of the delivery method to the other party before the lawsuit, or the other party confirms the delivery method to the court during the lawsuit. The parties to the contract may agree on a change in the notice procedure for the delivery method. If the parties change the delivery method but fail to fulfill the change notice procedure, the original delivery method shall still be valid. The implementation opinion emphasizes that if the delivery method provided or confirmed by the parties to the contract is inaccurate, or if the delivery method is not notified in a timely manner according to the procedure after the change, the court shall consider the delivery as legal if it is delivered according to the delivery method provided or confirmed by the parties. If directly served by the court, the date on which the legal document is left at the address shall be the date of service; If delivered by mail, the date of return of the legal document sent by mail shall be the date of delivery; For electronic delivery, the date on which the legal document reaches the recipient's specific system is the date of delivery. If multiple methods of delivery are used simultaneously, the last valid delivery date shall prevail. The parties to the contract may agree on electronic delivery. If electronic delivery is agreed upon, they shall provide and confirm electronic delivery addresses such as fax number, email address, WeChat account, Weibo account, QQ account, etc. (New News Agency)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:rmfyb.chinacourt.org

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