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On The Legal Nature Of Purchase Contracts

Posted on:2019-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2346330545499907Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of economic life,the types of contracts have also increased.The resulting controversy has become more and more,and how to better resolve contract disputes has become an important issue in trial practice.The case of Jinyu Co.,Ltd.v.Sinopec Jilin Provincial Branch,which was selected by the writer,was a dispute concerning the nature of the acquisition contract.The purchase contract in this case is a typical mixed contract.It is a mixed contract consisting of sales and purchase contracts,commission contracts,and construction and construction contra cts.In resolving their disputes,it is not possible to apply the law in accordance with only one of the specific contracts.The focus of the dispute in this case is: First,the nature of the acquisition contract;Second,the law of the acquisition contrac t;Third,the defendant has unilateral right to cancel.To determine the liability for contract disputes in this case,the nature of the purchase contract must first be determined.The court then determines the amount of liquidated damages and other expens es based on the specific contract of the purchase contract.The purchase contract in this case is an unnamed contract and it is not an entrusted contract advocated by Sinopec.The settlement of the contract's qualitative issue resolved the dispute in this case.Therefore,whether the contract involved in the case is an unnamed contract is the most important and core issue in this case.
Keywords/Search Tags:Purchase contract, Unnamed contract, Liability for breach of contract, Take responsibility
PDF Full Text Request
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