Scope of application of exchange contract Sales contract is one of the most important contracts stipulated in national debt laws or contract laws of various countries. However, there are different legislative attitudes towards the adjustment scope of the sales contract. Basically, there are two situations:
One is to limit the adjustment scope of the sales contract to the sale of goods, represented by the sales law of common law countries. The basic obligation of the seller is to transfer all the rights of the goods to the buyer, and the basic obligation of the buyer is to pay the corresponding price. As stipulated in article 2- 102 of the Uniform Commercial Code of the United States, this article is applicable to transactions involving goods in principle. The basic definition of "goods" in Article 2- 105 refers to all items (including specially manufactured goods) that can be moved under a specific sales contract except money, investment securities and the right to recover money or other movable property through legal procedures. 1873 is similar to the definition of goods in the Uniform Commercial Code of the United States. It can be seen that these legislations define the object of sale and even analyze the real estate. Article 2 of the United Nations Convention on Contracts for the International Sale of Goods (1980) defines the sales of personal consumer goods, auctions, state compulsory sales, stocks, investment securities, negotiable instruments and currencies, and the sales of movable property other than ships, hovercraft, airplanes and electricity as "international sales of goods". Therefore, some scholars call the sale of these items as movable property general sale, and classify the sale of real estate, intangible goods and rights, including securities, as special sale. Second, represented by some countries and regions in the civil law system, the subject matter of sale is not limited to the ownership of goods, but also includes other property rights. For example, as stipulated in Article 555 of the Japanese Civil Code, when the parties meet, one party transfers a property right to the other party and the other party pays the price for it. As well as Article 345 of the Civil Code of Taiwan Province Province, China, "buyer and seller" refers to a contract in which one party agrees to transfer the property right to the other party and the other party pays the price. Authoritative scholars in Taiwan Province Province also show in their writings that the purpose of buying and selling is the transfer of real rights, including things and rights. There are also different views on whether real rights and intangible things can become the main body of sales contracts in China. In a narrow sense, the subject matter of a sales contract is generally not called property, but goods. Therefore, contracts with rights as the subject matter (such as patent transfer contracts) and contracts with intangible objects as the subject matter (such as power supply contracts) do not belong to the category of sales contracts. Broadly speaking, the subject matter of a sales contract should have both property and rights permitted by law, such as intellectual property. So it is necessary to make it clear here what attitude the contract law takes on this issue in the chapter of sales contract. An important reason for holding a broad view of sales contracts is that in modern society, real estate sales and a large number of various forms of rights sales have become an important link in social commodity transactions, and it is of great significance to play the great value of these commodities optimistically for promoting economic prosperity and progress. This familiarity is undoubtedly correct. However, it is precisely because of the deepening of China's reform and the rapid progress of social economy that the transfer or transaction of these special commodities, such as stocks, bonds, patents and trademark exclusive rights, not only progressed rapidly, but also gradually formed a series of special laws and regulations. Provisions on the sale of goods or general sale can be applied to the transfer or sale of all kinds of rights, which are only relatively principled provisions, and in details, some more operational provisions need to be formulated.
In this way, the key to this problem is not to clarify whether rights transactions, intangible transactions and real estate transactions belong to buying and selling. The focus should be on implementing reasonable legislative methods, bringing these relationships that should be regulated by law into an effective legal system, so that the values that should be brought into play and the legal relationships that should be regulated can be reasonably regulated. With regard to intellectual property rights, China has enacted the Trademark Law, the Patent Law and the Copyright Law, stipulating the contracts for trademark registration, patent transfer and copyright licensing. These laws have very detailed provisions on contracts, and there is no need to stipulate their contents in the contract law. These special laws can provide for the transfer of related rights. If other areas of economic life are in urgent need, we can also consider enacting special laws to adjust and regulate such issues. Foreign countries with developed market economy also have many special laws on rights transactions in these special fields. In the process of drafting the Contract Law, a section of house sales contract was specially written in the chapter of sales contract for comments. After argumentation, it is considered that there are also a lot of specialized and technical problems here, and it is better to formulate special laws. Therefore, this part has been deleted from the draft contract law. But one thing must be pointed out, that is, if the special law has provisions on paid contracts, its provisions shall apply; If there are no provisions, the general provisions of the contract law can be applied, referring to the relevant provisions of the sales contract.
Purchase and sale of industrial and mining products with mandatory tasks. In the process of legislation, some opinions put forward that at present, the means of production under mandatory planned management in China have been reduced to several products. Moreover, for industrial and mining products with mandatory tasks, both parties to the purchase and sale enterprises and the purchase and sale prices are determined by the competent state department, and free consultation between the two parties is not allowed. Therefore, contract law should not cover this aspect. Some people think that although the national mandatory task book does not belong to the scope of contract law adjustment, the contract law can be applied to the contracts concluded between relevant legal persons and other organizations on the quality and performance period of the subject matter according to the national mandatory task book. We tend to the latter view.
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Scope of application of sales contract
Scope of application of sales contract
Sales contracts are stipulated as one of the most important contracts in various national debt laws or contract laws. However, there are different legislative attitudes towards the adjustment scope of the sales contract. Basically, there are two situations:
One is to limit the adjustment scope of the sales contract to the sale of goods, represented by the sales law of common law countries. The basic obligation of the seller is to transfer all the rights of the goods to the buyer, and the basic obligation of the buyer is to pay the corresponding price. As stipulated in article 2- 102 of the Uniform Commercial Code of the United States, this article is applicable to transactions involving goods in principle. The basic definition of "goods" in Article 2- 105 refers to all items (including specially manufactured goods) that can be moved under a specific sales contract except money, investment securities and the right to recover money or other movable property through legal procedures. 1873 is similar to the definition of goods in the Uniform Commercial Code of the United States. It can be seen that these legislations define the object of sale and even analyze the real estate. Article 2 of the United Nations Convention on Contracts for the International Sale of Goods (1980) defines the sales of personal consumer goods, auctions, state compulsory sales, stocks, investment securities, negotiable instruments and currencies, and the sales of movable property other than ships, hovercraft, airplanes and electricity as "international sales of goods". Therefore, some scholars call the sale of these items as movable property general sale, and classify the sale of real estate, intangible goods and rights, including securities, as special sale. Second, represented by some countries and regions in the civil law system, the subject matter of sale is not limited to the ownership of goods, but also includes other property rights. For example, as stipulated in Article 555 of the Japanese Civil Code, when the parties meet, one party transfers a property right to the other party and the other party pays the price for it. As well as Article 345 of the Civil Code of Taiwan Province Province, China, "buyer and seller" refers to a contract in which one party agrees to transfer the property right to the other party and the other party pays the price. Authoritative scholars in Taiwan Province Province also show in their writings that the purpose of buying and selling is the transfer of real rights, including things and rights. There are also different views on whether real rights and intangible things can become the main body of sales contracts in China. In a narrow sense, the subject matter of a sales contract is generally not called property, but goods. Therefore, contracts with rights as the subject matter (such as patent transfer contracts) and contracts with intangible objects as the subject matter (such as power supply contracts) do not belong to the category of sales contracts. Broadly speaking, the subject matter of a sales contract should have both property and rights permitted by law, such as intellectual property. So it is necessary to make it clear here what attitude the contract law takes on this issue in the chapter of sales contract. An important reason for holding a broad view of sales contracts is that in modern society, real estate sales and a large number of various forms of rights sales have become an important link in social commodity transactions, and it is of great significance to play the great value of these commodities optimistically for promoting economic prosperity and progress. This familiarity is undoubtedly correct. However, it is precisely because of the deepening of China's reform and the rapid progress of social economy that the transfer or transaction of these special commodities, such as stocks, bonds, patents and trademark exclusive rights, not only progressed rapidly, but also gradually formed a series of special laws and regulations. Provisions on the sale of goods or general sale can be applied to the transfer or sale of all kinds of rights, which are only relatively principled provisions, and in details, some more operational provisions need to be formulated.
In this way, the key to this problem is not to clarify whether rights transactions, intangible transactions and real estate transactions belong to buying and selling. The focus should be on implementing reasonable legislative methods, bringing these relationships that should be regulated by law into an effective legal system, so that the values that should be brought into play and the legal relationships that should be regulated can be reasonably regulated. With regard to intellectual property rights, China has enacted the Trademark Law, the Patent Law and the Copyright Law, stipulating the contracts for trademark registration, patent transfer and copyright licensing. These laws have very detailed provisions on contracts, and there is no need to stipulate their contents in the contract law. These special laws can provide for the transfer of related rights. If other areas of economic life are in urgent need, we can also consider enacting special laws to adjust and regulate such issues. Foreign countries with developed market economy also have many special laws on rights transactions in these special fields. In the process of drafting the Contract Law, a section of house sales contract was specially written in the chapter of sales contract for comments. After argumentation, it is considered that there are also a lot of specialized and technical problems here, and it is better to formulate special laws. Therefore, this part has been deleted from the draft contract law. But one thing must be pointed out, that is, if the special law has provisions on paid contracts, its provisions shall apply; If there are no provisions, the general provisions of the contract law can be applied, referring to the relevant provisions of the sales contract.
Purchase and sale of industrial and mining products with mandatory tasks. In the process of legislation, some opinions put forward that at present, the means of production under mandatory planned management in China have been reduced to several products. Moreover, for industrial and mining products with mandatory tasks, both parties to the purchase and sale enterprises and the purchase and sale prices are determined by the competent state department, and free consultation between the two parties is not allowed. Therefore, contract law should not cover this aspect. Some people think that although the national mandatory task book does not belong to the scope of contract law adjustment, the contract law can be applied to the contracts concluded between relevant legal persons and other organizations on the quality and performance period of the subject matter according to the national mandatory task book. We tend to the latter view.