How do you view the analysis of a sales contract dispute case?

A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price. In a legal and valid sales contract, the seller's main obligations are: delivery of the subject matter, transfer of the owner's rights of the subject matter, warranty for defects in rights, and other subordinate obligations.

The main obligations of the buyer and seller are: payment of the price, inspection, custody and timely receipt.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China.

The provisions of this Law shall apply to the people's courts' acceptance of civil lawsuits brought by citizens, between the heads of legal persons, between other organizations, and between them on the basis of property and personal relationships.

Legal analysis: Sales contract disputes belong to a relatively common category of contract disputes in China. Even if the two parties to the contract do not enter into a written contract, as long as it can be proved that there is a sales relationship, it is established and legally binding, and when the subject matter in the sales contract is delivered, the ownership will be transferred, and one party refuses to deliver or one party refuses to pay the agreed amount or other legal circumstances, a contract dispute will arise.

Legal basis: Civil Code of the People's Republic of China

Article 596: The content of a sales contract generally includes the name, quantity, quality, price, time limit for performance, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Article 597: If the ownership of the subject matter is not transferable because the seller has not obtained the right to dispose of it, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.

Where laws or administrative regulations prohibit or restrict the transfer of the subject matter of the merger, follow those provisions. Carrying.

Article 598:The seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.

Article 599: The seller shall, in accordance with the agreement or trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.

From the perspective of the legal profession, the judgment of the higher court is right.

The court of first instance overstepped its bounds.

The fact that the plaintiff alone had an adverse reaction does not prove that there is a problem with the drug. Regular drugs have been reported to have clinical adverse reactions. The court is not a professional drug regulatory department, and the judge has no authority to determine that there is a problem with the drug.

Since it cannot be proved that there is a problem with the drug, it cannot be said that the other people who hit the ** are misrepresentations.

Therefore, the judgment rendered by the court of first instance was problematic.

To put it simply, the judge abandons his neutrality when deciding a case. At the beginning, it was determined that this was false advertising, and then the evidence was reversed, saying that it was a false statement.

The basic principle of "whoever asserts shall bear the burden of proof" has been forgotten. When the plaintiff files a claim, the burden of proof in the first step lies with the plaintiff. The plaintiff did not provide sufficient evidence to prove that there was a problem with the drug, and the court ruled that it was false advertising, which obviously did not conform to legal thinking.

Legal analysis: In the case of a dispute over a vehicle sales contract between the counterclaimant and the counterclaimant, the counterclaimant and the counterclaimant signed the "Vehicle Sale and Purchase Agreement" on December 9, 2011, which is the true expression of the intention of both parties, and the counterclaimant will pay the vehicle delivery fee to the counterclaimant on the same day, and the two parties have entrusted Guizhou Hepeng second-hand car market transaction **** to handle the vehicle transfer registration on the day of signing the Laoshan agreement, and at the same time submitted the materials required for the transfer of vehicle ownership (ID card, vehicle sale and purchase agreement, driving license, Vehicle registration certificate, vehicle acquisition tax payment certificate), and pay the entrusted transfer fee. The buyer who sold the car refused to handle the transfer of ownership and sued for the return of the car.

In this case, after the trial of the People's Court of a certain district of Guiyang City, the plaintiff was sentenced to handle the transfer of ownership and bear the defendant's corresponding losses for breach of contract. However, after the judgment came into effect, the plaintiff refused to handle the transfer of ownership, and after the defendant applied to the people's court for compulsory enforcement, it had already forcibly transferred the ownership of the vehicle under the sales contract to the seller, the plaintiff in this case.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 206:People's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. Mediation is not applicable to cases provided for in paragraph 3 of article 204 of this Law.

Where the defendant is detained during the time period for a people's court to hear a private prosecution case, apply the provisions of paragraphs 1 and 2 of article 202 of this Law; and where they are not detained, the verdict shall be announced within 6 months of acceptance.

Article 207:In the course of litigation, the defendant in a private prosecution may raise a counterclaim against the private prosecutor. The provisions on private prosecution shall apply to counterclaims.

Dear Hello I am happy to serve you the understanding of the dispute over the sale and purchase contract: if the buyer and the seller signed a contract for the purchase and sale of steel, the contract confirmed the steel ****, the seller saw that if it was still handed over to the buyer according to the provisions of the contract, it would lose a lot of money, so the seller wanted to raise the price, or break the contract, or pay the liquidated damages of the party letter and did not perform the contract and the buyer did not agree, insisted on purchasing according to the provisions of the first provision, and the two parties then disputed according to the provisions of Article 5 of the Civil Code. A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.