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Interpretation of the Supreme People's Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts (2020 Amendment)

最高人民法院关于审理买卖合同纠纷案件适用法律问题的解释(2020修正)

  • Interpretation of the Supreme People's Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts

  • 最高人民法院关于审理买卖合同纠纷案件适用法律问题的解释

  • I. Formation of Sales Contracts
  • 一、买卖合同的成立

  • Article 1 Where there is no written contract between the parties and one party claims that a sales contract exists on the basis of delivery notes, goods received notes, settlement statements and invoices, the people's court shall determine whether a sales contract has been formed by considering the transaction methods and customary business practices between the parties as well as other relevant evidence.
  •   第一条 当事人之间没有书面合同,一方以送货单、收货单、结算单、发票等主张存在买卖合同关系的,人民法院应当结合当事人之间的交易方式、交易习惯以及其他相关证据,对买卖合同是否成立作出认定。
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