An Analysis On Jishou A Company Sues Ms He Of A Sales Contract Dispute

Debt transfers effectiveness, litigation status to a third party without independent claim, and "high degree of probability" in civil litigation proof have been seen as the academic circles and judicial practice standards, but there are still lots of controversial for many years. A business contract dispute case occured in Jishou city,which contending focus on the plaintiff(A company) and the defendant He. The essential question is a general transfer agreement, which involves the “Assignments of rights and obligations” between the third person Yuan and the defendant He, and which results procedural problem. First of all, the legal relationship between the third person Yuan and defendant He is the subject of wordspread controversy and there exists several representative theories. Debt has relativity property and its transfer should be in accordance with law, as the same to the transfer of debts. Contract freedom and autonomy are greatly encouraged in market transactions in our country.Debt transfer is valid to some extent among the plaintiff, the defendant and the third person, namely the debt between the Yuan and the A company violated the mandatory provisions of law and there has been no success debt transfer to defendant He. The legal transfer of debt was permitted by the plaintiff, and the defendant He becomes one of parties to the contract. Thus business contract relationship between the plaintiff and the defendant was established, and the defendant He should continue to take charge for the plaintiff amount of liability for breach of contract from A company.Second, the litigation status of the Yuan has also been controversial. Yuan should belong to the legal status to a third party without independent right of claim, rather than a co-defendant, mainly because Yuan on the original and be told no independent right of claim for target. And the court's handling consequence of the case results with their legal interests, and it conforms to the law of contract interpretation of article 29.Finally, the "high degree of probability" civil litigation proof standard presented problem. The court may apply "high probability" proof standard aroused wide controversy. In general, courts could apply “high degree of probability” proof standard in our country, and this standard has been confirmed by the provisions of civil litigation evidence-the provisions of article 73, and the supreme people's court on the applicable-the civil procedure law of the People's Republic of China-the interpretation of article 108. The precondition for application "high degree of probability" standard in case processes is proof in apocryphal state. In the case ofalthough their certain evidence before the court, the parties are not have sufficient proof of force.Process of first trial, the application of "high degree of probability" proof standard to the case is defective, which conformed to the laws regulations and the relevant theory of law, so its decision is correct. In summary, the court complies with "high degree of probability" proof standard in casees, which not only to correct judge for justice law enforcement but also maximizly record the case facts to safeguard judicial authority and the legal interests of the parties.