论文部分内容阅读
赔偿法定条件,就是赔偿的法律依据,它不仅是一般经济合同而且也是连环购销合同纠纷承担赔偿责任的法律依据。在连环购销合同纠纷案件中,如何审定和适用赔偿法定条件时有争论。因此,对赔偿法定条件在连环购销合同纠纷中的适用,从理论和实践方面进行深入探讨,争取在法学理论上形成共识,正确认识和准确把握赔偿法定条件,促进统一做法,保证法律正确实施,那是非常必要的。 一、连环购销合同纠纷现状 “所谓连环购销合同,是指以同一标的签订一连串的购销合同,即需方与供方签订购销合同后,又以供方的身份就同一标的与他人签订购销合同,以此类推,各购销合同之间形成一种连环关系。”(引自最高法院《关于在审理经济合同纠纷案件中具体适用(经济合同法)
The statutory conditions for compensation are the legal basis for compensation. It is not only a general economic contract but also the legal basis for the liability for compensation for disputes over the purchase and sale of chain purchase contracts. In the case of a series of disputes over purchase and sale contracts, there are controversies as to how to validate and apply the statutory conditions of compensation. Therefore, the application of the statutory conditions of compensation in the disputes of the contract of purchase and sale of the chain is discussed deeply in theory and practice, the consensus of jurisprudence is reached, the correct understanding and accurate grasp of the statutory conditions of compensation, the promotion of uniform practice, the correct implementation of the law, That is very necessary. First, the status of the dispute over the purchase and sale of chain contracts “The so-called chain purchase and sale contracts refer to the purchase and sale contracts signed by the same bidder, By analogy, the relationship between the purchase and sale of a form of a series of links. ”(Quoted from the Supreme Court on the trial of economic contract disputes specifically applicable (Economic Contract Law)