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私法性质诉讼契约之生效需具备实体上有关要件,诉讼性质诉讼契约之生效需具备一定的诉讼法上之要件。诉讼契约在达成过程中存在瑕疵时,对于私法性质诉讼契约依据实体上有关规定予以救济,对于诉讼性质诉讼契约依照诉讼行为瑕疵救济的方式予以救济。基于当事人诉讼上的抗辩,对于诉讼性质诉讼契约之违反,法院依照双方约定的有关程序继续进行或者对双方约定的诉讼行为直接予以认可;对于私法性质诉讼契约之违反,法院在审查双方关于实体部分的合意是否合理履行基础上判定该违反行为是否有效。
The validity of private law litigation contract must have the substantive elements, the litigation nature of the contract to take effect must have some elements of procedural law. When there is a flaw in the process of the contract, the remedy to the contract of the nature of the private law is based on the relevant provisions of the entity, and the remedies are provided to the contract of the nature of the lawsuit according to the flaw remedy. Based on the defense of the litigant’s litigation, the court, in violation of the litigation contract of the nature of the litigation, continues the process in accordance with the relevant procedures agreed by both parties or directly recognizes the litigation agreed upon by both parties. In the case of a breach of the litigation contract of private law, Whether the agreement is reasonable or not and whether the violation is valid.