专业团队

我国合同的种类比较多，包括买卖合同、租赁合同以及服务合同等等，而不管是哪一类合同，都是有可能产生纠纷的。而此时对合同纠纷的处理方式包括协商、仲裁以及诉讼。具体针对到买卖合同纠纷时，其诉讼程序是怎样的呢?

一、买卖合同纠纷起诉流程是怎样的

1、案件的判决结果要看法律规定以及双方的证据。现在，尚未开庭，判决结果未出，不能判定法官的行为是否偏袒，您现在主要是对诉讼程序不了解，才会产生各种误会。

2、法官主动调取证据是法律法规允许的，有法律法规规定的情形的，法院可以主动调取证据或应一方申请调取证据，并不属于偏袒一方。您如果有法律法规规定的情形，也可以申请法官主动调取证据。

3、立案八个月未开庭确实是不正常的，可以向有关机关反映。但如果被告充分利用了法律规定的程序，拖延开庭的时间，立案八个月未开庭是可能存在的。如果是被告利用法律规定的程序，与法官无关。律师就经常利用法律规定的程序，拖延审判的期限，以取得对自己最有利的结果。

4、被告就同一案件起诉原告，是正常的，可能属于反诉，也可能是另行起诉。

二、买卖合同纠纷发生有哪几种种常见原因

1、商品质量条款未约定或约定不明

合同中对于交易的对象——合同的标的物的质量一般应该有个明确的约定，包括标的物的质量标准、质量异议期限以及法定的鉴定检验机构。如果没有明确的约定，就会各执一词，纠纷就此产生。

2、商品交接及货款支付未约定或约定不明

合同中应约定是送货还是提货，目的地在哪里，运费如何承担。因为这样直接涉及合同履行地的认定，对案件的管辖会产生重大影响。此外，货款的支付时间和支付方式也须明确。

3、违反诚信原则

合同法的基本原则之一就是诚实信用原则，任何完美的合同如果遭遇一方不讲诚信，就会产生纠纷。因此，这就要求当事人在商业活动中要考察对方的商业信誉。

4、 未考察主体资格或主体的偿债能力

A 与B之间都是大公司，A公司下属有很多子公司C、D、E、F、G等二十几家。B为供方，A及其子公司为需方，为降低采购成本，子公司需要货物时均通过A公司集体统一向B公司采购，但每次具体签定合同时均由子公司与B签定合同，最终因货款未结清而产生纠纷。那么，B公司很显然不能向A公司直接主张权利，而只能向众多子公司主张权利。若向A公司主张权利，A公司抗辩其为各买卖合同中系代理人身份，案件会遭法院驳回。本案如能在每份合同中将A公司作为连带责任保证人，则一切问题迎刃而解，同时还可大大降低B公司的诉讼成本。

又如，张三是A、B 两个公司的股东，两公司的日常经营均由张三负责，张三及业务员经常以A公司的名义向C公司进货(提货)，提货单上的提货单位栏均写上A公司、提货人张三或某业务员。后来A公司经营不善逐渐歇业，但进货仍在继续。A公司进货后以B公司的名义销售给第三方，自然B公司与第三方结算货款。因此C公司在没有其他证据的情况下根据提货单只能起诉A公司催讨货款，结果可想而知。

5、违约责任问题

有的合同中对于违约条款只约定因一方违约由另一方承担赔偿责任，而无具体违约事项和违约金数额，结果相当于未有约定。

违约责任的约定虽然不能穷尽所有事项，但应该将常见的容易发生的情形进行约定，如交货时间、质量、数量，货款的支付期限，等等，并应该约定违约金的具体数额。这样在纠纷发生后既可以更好地认定是否存在违约，也可以避免对损失难以举证的困难。

6、管辖约定

有的合同约定发生纠纷由有管辖权的法院管辖或约定由原告方所在地法院管辖，这样的约定等于没有约定或约定不明。根据民诉法的规定合同纠纷由被告住所地或合同履行地法院管辖，被告住所地一般明确，但合同履行地在现实中颇多争执。92年的民诉法意见19条对合同履行地进行了解释，但被96年的法发28号司法解释予以否定，98年的法释3号又对前面的司法解释进行了解释。最终的意见是以合同约定的履行地来确定管辖的法院为主要原则，这是遵从了民诉法关于协议管辖的规定。但是，又有例外，对于虽有履行地的约定但未实际履行合同，且当事人双方住所地均不在合同约定的履行地，以及口头购销合同纠纷案件，均不依履行地确定案件的管辖。

因此，约定合同履行地对于确定管辖的法院尤为重要，同时约定履行地而不直接选择管辖的法院，对于当事人来说也更能接受。

7、签名盖章

自然人签名要确保与其身份证件相符，最好注明身份证号码;法人盖章要确保是法人章或合同专用章，名称与合同主体相符，不能是只能部门的印章。

There are many types of contracts in China, including sales contracts, lease contracts, and service contracts, and no matter which type of contract it is, disputes may arise. At this time, the handling of contract disputes includes negotiation, arbitration, and litigation. What is the specific litigation procedure for sales contract disputes?

1、 What is the litigation process for disputes over sales contracts

1. The verdict of a case depends on legal provisions and evidence from both parties. Now, as the trial has not yet been held and the verdict has not been released, it is not possible to determine whether the judge's behavior is biased. You are mainly not familiar with the litigation procedure, which has led to various misunderstandings.

2. The active retrieval of evidence by judges is allowed by laws and regulations. If there are circumstances stipulated by laws and regulations, the court may take the initiative to retrieve evidence or request the retrieval of evidence from one party, which does not constitute favoritism towards the other party. If there are situations stipulated by laws and regulations, you can also apply to the judge to actively retrieve evidence.

3. It is indeed abnormal that the case has not been heard for eight months and can be reported to the relevant authorities. But if the defendant fully utilizes the legal procedures and delays the hearing, it is possible that the case has not been heard for eight months. If the defendant utilizes the legal procedures, it has nothing to do with the judge. Lawyers often use legal procedures to delay the trial period in order to achieve the most favorable outcome for themselves.

4. It is normal for the defendant to sue the plaintiff in the same case, which may be a counterclaim or a separate lawsuit.

2、 What are the common reasons for disputes arising from sales contracts

1. The quality terms of the goods are not agreed upon or the agreement is unclear

There should generally be a clear agreement in the contract regarding the quality of the subject matter of the transaction, including the quality standards of the subject matter, the quality objection period, and the statutory appraisal and inspection agency. If there is no clear agreement, each person will hold their own opinions, and disputes will arise.

2. The handover of goods and payment for goods were not agreed upon or the agreement was unclear

The contract should specify whether to deliver or pick up the goods, where the destination is, and how to bear the shipping cost. Because this directly involves the determination of the place of contract performance, it will have a significant impact on the jurisdiction of the case. In addition, the payment time and method of payment for the goods must also be clear.

3. Violation of the principle of good faith

One of the basic principles of Contract Law is the principle of good faith and trustworthiness. Any perfect contract that encounters one party's lack of integrity will lead to disputes. Therefore, this requires the parties involved to examine the other party's commercial reputation in commercial activities.

4. Failure to assess the subject's qualifications or ability to repay debts

A and B are both large companies, and A company has many subsidiaries such as C, D, E, F, G, etc. B is the supplier, and A and its subsidiaries are the demanders. In order to reduce procurement costs, the subsidiaries collectively purchase goods from Company B through Company A. However, each time a specific contract is signed, the subsidiary signs a contract with Company B. Ultimately, disputes arise due to unpaid payments. So, it is obvious that Company B cannot directly claim rights from Company A, but can only claim rights from numerous subsidiaries. If A company claims rights against A company, and A company argues that it is an agent in various sales contracts, the case will be rejected by the court. If Company A can be appointed as a joint and several liability guarantor in each contract of this case, all problems will be solved easily, and at the same time, it can greatly reduce the litigation costs of Company B.

For example, Zhang San is a shareholder of Company A and Company B, and the daily operations of both companies are handled by Zhang San. Zhang San and his sales representatives often purchase (pick up) goods from Company C in the name of Company A. The pickup unit column on the delivery note indicates Company A, the pickup person Zhang San, or a certain sales representative. Later, Company A gradually closed down due to poor management, but the procurement continued. After Company A purchases goods, it sells them to a third party in the name of Company B, and naturally Company B settles the payment with the third party. Therefore, in the absence of other evidence, Company C can only sue Company A to demand payment based on the delivery note, and the result can be imagined.

5. Liability for breach of contract

Some contracts only stipulate that the other party shall be liable for compensation due to one party's breach of contract, without specific breach events and penalty amounts, resulting in no agreement.

The agreement on breach of contract liability may not exhaust all matters, but common and easily occurring situations should be stipulated, such as delivery time, quality, quantity, payment deadline for goods, etc., and the specific amount of liquidated damages should be agreed upon. This can not only better determine whether there is a breach of contract after a dispute occurs, but also avoid the difficulty of proving losses.

6. Jurisdictional agreement

Some contracts stipulate that disputes shall be under the jurisdiction of the court with jurisdiction or the court where the plaintiff is located, which is equivalent to no agreement or unclear agreement. According to the provisions of the Civil Procedure Law, contract disputes are under the jurisdiction of the court at the defendant's domicile or the place of contract performance. The defendant's domicile is generally clear, but there are many disputes in reality regarding the place of contract performance. Article 19 of the Civil Procedure Law of 1992 provided an interpretation of the place of contract performance, but it was rejected by the Judicial Interpretation No. 28 of 1996, and the Judicial Interpretation No. 3 of 1998 provided an interpretation of the previous interpretation. The final opinion is to determine the jurisdiction of the court based on the place of performance stipulated in the contract, which is in compliance with the provisions of the Civil Procedure Law on contractual jurisdiction. However, there are exceptions. For cases where there is an agreement on the place of performance but the contract has not been actually performed, and neither party has their place of residence in the agreed place of performance, as well as disputes over oral purchase and sales contracts, the jurisdiction of the case is not determined based on the place of performance.

Therefore, agreeing on the place of performance of the contract is particularly important for determining the court of jurisdiction, and it is also more acceptable for the parties to agree on the place of performance rather than directly choosing the court of jurisdiction.

7. Signature and seal

The signature of a natural person should be consistent with his/her ID card, preferably indicating the ID card number; The legal representative seal should ensure that it is a legal representative seal or a contract specific seal, with a name that matches the subject of the contract, and cannot be a departmental seal.