Whether the upstream and downstream contracts are purchase and sale contracts.
The parties to the contract may be the upstream and downstream relationship of the ** chain, and the contract concluded at this time may be a purchase and sale contract. There are many types of contract classification criteria, ranging from the counterparty to the contract and the contracting procedure. In some cases, the contract entered into by the parties to a contract of sale may be either upstream or downstream. However, there is a difference with a purchase and sale contract.
1. Is the upstream and downstream contract a purchase and sale contract?
The upstream and downstream contracts are not necessarily purchase and sale contracts, because the transaction relationship involved in the upstream and downstream contracts is not necessarily a buyer-seller relationship. The key to what kind of contract should be signed by upstream and downstream enterprises depends on the legal relationship between the parties to sign the contract. If it is an upstream and downstream contract that belongs to the purchase and sale relationship, it is a ** contract; If the raw materials are provided by the downstream enterprises, it is a contract for processing. In addition, even if the parties enter into a sales relationship, it may not always be a purchase and sale contract. For example, the resettlement agreement made by ** for the demolition of private houses in the expropriation of houses also belongs to the sales contract. Other factors need to be considered in the specific analysis, such as the rights and obligations between the parties, the way in which the contract is performed, etc.
2. Characteristics of the purchase and sale contract.
1.* Commodities are generally commodities produced and mined by upstream enterprises, and commodities are provided to downstream enterprises; The sale of commodities is the resale of commodities to consumers by downstream enterprises that produce means of consumption. ** With the two links of sales to form a complete purchase and sale relationship.
2.*It is quite different from the behavior of selling products. The act is generally manifested in the transfer of the property from the person to the purchaser, and the purchaser takes ownership. The sale behavior is generally manifested in the seller transferring the sale to the buyer, and the purchaser takes ownership and collects the payment at the same time.
3.*In the sales relationship, the relationship of rights and obligations between the parties is more complicated. In the act, the rights and obligations relationship between the person and the purchaser is mainly reflected in the provisions of retention of ownership and risk burden; In the sales act, the rights and obligations between the seller and the purchaser are mainly reflected in the transfer of the ownership of the subject matter and the risk burden. However, in any case, the relationship of rights and obligations between the parties is uncertain at the time of signing the contract.
3. The type of purchase and sale contract.
Purchase and sale contracts can be divided into different types from different perspectives, such as purchase and sale contracts between producers, distributors and producers and consumers. According to whether there is a written contract, it can be divided into oral purchase and sale and other written form of purchase and sale; According to whether the subject matter is transferred to possession, it can be divided into one transfer of possession and two transfers of possession (including temporary delivery) of purchase and sale. As for whether a purchase and sale is actually in the first chain relationship, it may not be possible to confirm it according to different names. The judgment of a certain purchase and sale relationship should be based on the comprehensive determination of the actual delivery quantity and amount, and it should be noted that the demarcation of the liability of the parties to the case between the supplier and the buyer is subject to the actual role of the "receipt of goods". For disputes involving purchase and sale, it is appropriate to determine whether to choose ordinary procedures or summary procedures for trial according to the nature of the case, combined with the statute of limitations prescribed by law and the method of formation of the contract, and to determine and handle them according to the evidence presented by the parties.
The above is the relevant content of whether the upstream and downstream contracts are purchase and sale contracts, I hope to help you.