faqs

What if I have a case where there is no written sales contract?

(Here we take a dispute over sales contract as an example)

Buying and selling is the most common civil act in daily life. With the continuous improvement of people's legal awareness, sales contracts are generally signed in the process of buying and selling, but sometimes in order to quickly complete transactions or due to transaction habits, frequent transactions, consistent good credit of the trading parties, etc., there will be many cases where the sales contract is not signed before the transaction, and once there are problems such as arrears, how to determine the sales relationship is particularly important.

 

Article 1 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts stipulates that, if there is no written contract between the parties, and one party claims the existence of a sales contract relationship by means of delivery notes, receipts, statements, invoices, etc., the people's court shall determine whether the sales contract has been established in combination with the transaction methods, trading habits and other relevant evidence between the parties.

 

If the name of the creditor is not recorded in the reconciliation confirmation letter, the credit confirmation letter and other letters and vouchers, and one of the parties to the sales contract proves the existence of a sales contract relationship, the people's court shall support it, unless there is sufficient evidence to the contrary to overturn it.

 

 

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