Research On Automobile Sales Contracts

With the development of human society and boom of economy, car industry has grow rapidly in the process of establishing and developing of the socialist market economy. As a result, more and more people are capable of purchasing cars, but along with this, disputes about selling or buying cars are increased and become the hot topic of consumer complaints. According to researches, those disputes are arose from car sales contracts. Thus, standardized management towards car sales contracts are necessary and significative.This article can be divided into Introduction, Main Body and Conclusion, with a total number of thirty-nine thousand words.The Main Body discusses the following four issues:First Issue:introduction of car sales contract. It begins with definitions about this article’s research object, then analyses it’s legal personalities, and finally divides car sales contracts into three types:Pay-As-You-Go; Payment by Installment and Reservation of Title.Second Issue:the rights and obligations of the parties concerned. As the clear rights and obligations of seller and buyer in Pay-As-You-Go contracts and Payment by Installment contracts are known to most of us, those two kinds contracts will not be fully discussed in this part. This Second part will mainly explore the buyer’s expectant right and the seller’s recall right in the car sales contracts with reservation of title. It starts with analyzing and evaluating the nature of expectant right and recall right and next tries to find ways about how to protect those two important rights.Third Issue:pre-contract obligations and post-contract obligations of car sales contract. This part starts with explaining relative theories of pre-contract obligations and post-contract obligations, and then takes test driving and car recall as examples to explore the dealer’s pre and post contract obligations that he should perform.Fourth Issue:two typical legal problems of car sales contract:the ownership and the punitive damages. Real Rights has always been a complex and significant topic in Civil laws, especially the issue about when will the ownership of personal property such as cars be transferred from one party of the other, which step should be taken as a standard, delivery or registration, or neither. The part will solve above questions by analyzing Article23and Article24of Real Rights Law and Judicial Interpretation of Sales Contract(3).Besides, this part introduces the concept of punitive damages, explains the legitimacy of bring punitive damage into contract and illustrates the possible use of punitive damage in car sales contract.The shinning parts of this article lie in the questioning of performance orders stipulated in Judicial Interpretation of Sales Contract (3) in the situation when a car sold for times and concluding car dealer’s obligations should be taken as pre and post contract obligations in the situation when a car were sold for times by illustrating with examples of test driving and car recall.