Commodity Trading Claim

In recent years, most of the domestic academic papers center the research of sales contract on the warranty and personal property transactions, but fewer on the research of personal property, much fewer on the research of personal property claims. Therefore, the personal property claims as the studying object, this paper hopes to make some discovery in this area. Commodity trading is the most important trading form in modern economic life. Whether the commodity trading can proceed smoothly directly affect the stability of national economy. The role of the claims in commodity trading directly determines whether the relationship can be smoothly realized, whether the interests of both parties can be balanced , and furthermore, whether social economy can be healthily developed. This paper establishes the claim system of personal property transaction contract,i.e,commodity trading contract in accordance with a coal transaction contract, analyzing the specific claims of this contract in different situations according to relevant articles, in order to guide and serve litigation by the claim system presented in this paper. Right of Claim is the bridge between creditor's rights and just claim in clients' contracts, which is of great instrumental value. The analysis of claim is the precondition of practicing the right of claim. This paper at first demonstrates the great importance of commodity trading and right of claim to social life alone and together, then analyzes the right of claim in different situations which are mainly divided by the developing sequences of the contract relationship of commodity trading. The paper divides the contract relationship of commodity trading into the forming period, the practicing period and the period after practicing. In each period, diverse specific situations appear, for example, the practicing period is further divided into the situation of keeping the contract and breaching the contract, and what's more, the situation of breaching contract is divided into the right deficiency, the goods deficiency, the payment deficiency and so on. The paper accounts for right of claim enjoyed in each specified situation in terms of both parties. As for the analysis of the right of claim, the paper applies empirical analysis based on existing regulations for claim and also theoretical analysis of other legal regulations for claim. In the process of analyzing claim, the paper also gives a brief introduction of relevant obligations of the right of claim. The paper intends to finally establish the claim system for the convenient application of both parties specially for commodity trading through combing roughly the rights of claim of both parties enjoyed in different periods of commodity trading contract. The clients can make use of the claim system of commodity trading in this paper to find the right of claim they enjoy according to corresponding situations.The final purpose of the paper is to apply the right of claim directly and conveniently, based on which, the research result of the paper is to establish the claim system.