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在市场经济中,商业交易存在大量及时履行的交易现象,此即为《合同法》规定的口头合同。口头买卖合同因其直接、简便易行、即时履行的特点,故在民间买卖合同实务中大量使用。其惯常交易模式是一手交钱,一手交货的形式。但,如人们进行交易(采用口头合同)时发生纠纷,一旦发生纠纷,就存在取证困难,需要间接证据来审查口头买卖合同的是否应当付款。文章就口头买卖合同的司法实际进行探讨。
In the market economy, there are a large number of transactions that are timely performed in commercial transactions. This is the verbal contract stipulated in the Contract Law. Because of its direct, simple and convenient, immediate performance, the contract of oral sale is widely used in the civil contract of sale and purchase. Its customary trading model is one-handed delivery and one-hand delivery. However, disputes arise when people trade (using oral contracts), and when there is a dispute, there is the difficulty of obtaining evidence, and indirect evidence is needed to examine whether the contract for oral sales should be paid. The article discusses the judicial practice of the verbal contract of sale.