KHÔNG CÓ HỢP ĐỒNG, KHI CÓ TRANH CHẤP CÓ KHỞI KIỆN ĐƯỢC KHÔNG ???
Hỏi:
Thưa Luật sư, xin giải đáp cho tôi vấn đề sau:
Tôi nhập một lô nông sản của một người bạn, vì tin tưởng là người quen nên tôi không làm hợp đồng mua bán mà chỉ thỏa thuận bằng miệng về chất lượng, giá cả, địa chỉ giao hàng. Khi tôi giao hàng cho đối tác thì mới phát hiện ra hàng kém chất lượng (không đúng như hàng mẫu mà phía công ty bạn tôi đã giao trước đó), dẫn đến công ty tôi phải bồi thường một khoản tiền cho đối tác. Sau đó tôi có trao đổi lại với người bạn của tôi và yêu cầu bạn ấy phải thanh toán khoản tiền mà công ty tôi đã bồi thường nhưng bạn tôi không đồng ý và nói là đã giao hàng đúng chất lượng. Nay tôi muốn khởi kiện bạn tôi nhưng lại không có hợp đồng mua bán, vậy tôi có kiện được không?
Trả lời:
Chào bạn !
Với câu hỏi của bạn chúng tôi trả lời bạn như sau:
Theo quy định tại Điều 24 – Hình thức hợp đồng mua bán hàng hóa (Luật thương mại năm 2005): “1. Hợp đồng mua bán hàng hóa được thể hiện bằng lời nói, bằng văn bản hoặc được xác lập bằng hành vi cụ thể. 2. Đối với các loại hợp đồng mua bán hàng hóa mà pháp luật quy định phải thành lập văn bản thì phải tuân theo các quy định đó”
Theo pháp luật hiện hành, không có văn bản, quy định khi nào việc mua bán hàng hóa là nông sản bắt buộc phải ký hợp đồng và ký hợp đồng theo hình thức nào? Bằng văn bản, bằng lời nói hay bằng hành vi cụ thể?
Như vậy, hợp đồng của công ty bạn với bạn của bạn khi giao kết bằng lời nói thì vẫn được công nhận có hiệu lực với các bên.
Theo quy định tại Điều 91 –Nghĩa vụ chứng minh (Bộ luật tố tụng dân sự 2015): “Đương sự có yêu cầu Tòa án bảo vệ quyền và lợi ích hợp pháp của mình phải thu thập, cung cấp, giao nộp cho Tòa án tài liệu, chứng cứ để chứng minh cho yêu cầu đó là có căn cứ và hợp pháp…”
Vì vậy, nếu bạn có các bằng chứng, giấy tờ khác chứng minh có việc mua bán giữa hai người và chứng minh được các thiệt hại thì có thể khởi kiện ra tòa án. Nếu bạn không có chứng cứ chứng minh việc mua bán giữa hai bên thì không thể yêu cầu tòa án giải quyết.
Tải bo-luat-to-tung-dan-su-2015
Để nhận được hướng dẫn cụ thể về cách thức thu thập chứng cứ chứng minh yêu cầu khởi kiện, thủ tục, trình tự khởi kiện bạn vui lòng liên hệ VĂN PHÒNG LUẬT SƯ THÁI MINH để nhận được tư vấn.
———————————————-
VĂN PHÒNG LUẬT SƯ THÁI MINH
Địa chỉ: Số 20, phố Viên, phường Cổ Nhuế 2, quận Bắc Từ Liêm, Hà Nội
Điện thoại: 0981 263 166 / 0916 543 689
Email: Luatthaiminh@gmail.com
147 thoughts on “KHÔNG CÓ HỢP ĐỒNG, KHI CÓ TRANH CHẤP CÓ KHỞI KIỆN ĐƯỢC KHÔNG ???”
hello there and thank you for your information – I’ve definitely picked up anything new from
right here. I did however expertise several technical points using this web site,
as I experienced to reload the site a lot of times previous to I could
get it to load properly. I had been wondering
if your hosting is OK? Not that I am complaining, but slow loading
instances times will sometimes affect your placement in google and
can damage your high-quality score if ads and marketing with Adwords.
Well I’m adding this RSS to my email and could look out for much more of your respective interesting content.
Ensure that you update this again soon.. Lista escape roomów
Really excellent info can be found on web site..
After going over a handful of the articles on your web page, I honestly like your technique of blogging. I saved as a favorite it to my bookmark site list and will be checking back soon. Please visit my web site too and tell me how you feel.
I was very pleased to find this web site. I wanted to thank you for ones time for this particularly fantastic read!! I definitely savored every bit of it and I have you bookmarked to look at new stuff in your web site.
I blog quite often and I truly thank you for your content. This article has truly peaked my interest. I’m going to take a note of your blog and keep checking for new information about once a week. I subscribed to your RSS feed as well.
I really like it when folks come together and share thoughts. Great blog, continue the good work!
Great post! We are linking to this great post on our website. Keep up the good writing.
I’d like to thank you for the efforts you’ve put in penning this blog. I’m hoping to view the same high-grade blog posts from you later on as well. In fact, your creative writing abilities has motivated me to get my own website now 😉
Hi, I do believe this is an excellent site. I stumbledupon it 😉 I will revisit once again since i have book marked it. Money and freedom is the greatest way to change, may you be rich and continue to guide others.
Nice post. I learn something new and challenging on websites I stumbleupon everyday. It will always be exciting to read content from other writers and practice something from other websites.
Excellent article! We will be linking to this particularly great article on our site. Keep up the great writing.
I’m impressed, I must say. Seldom do I come across a blog that’s equally educative and entertaining, and without a doubt, you’ve hit the nail on the head. The problem is something not enough people are speaking intelligently about. I’m very happy that I came across this in my search for something concerning this.
It’s hard to find well-informed people in this particular subject, but you sound like you know what you’re talking about! Thanks
This is the perfect website for anyone who would like to understand this topic. You realize so much its almost tough to argue with you (not that I really will need to…HaHa). You definitely put a brand new spin on a subject which has been discussed for decades. Great stuff, just excellent.
I could not resist commenting. Perfectly written!
Good site you’ve got here.. It’s hard to find high-quality writing like yours these days. I really appreciate individuals like you! Take care!!
Excellent web site you have got here.. It’s difficult to find high quality writing like yours these days. I truly appreciate individuals like you! Take care!!
Pretty! This has been an incredibly wonderful article. Many thanks for supplying this information.
An impressive share! I’ve just forwarded this onto a co-worker who has been conducting a little research on this. And he actually bought me breakfast simply because I discovered it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanks for spending some time to discuss this topic here on your site.
Oh my goodness! Impressive article dude! Thank you so much, However I am going through problems with your RSS. I don’t understand the reason why I can’t subscribe to it. Is there anyone else getting similar RSS issues? Anyone that knows the solution will you kindly respond? Thanx!
Next time I read a blog, I hope that it doesn’t fail me just as much as this one. I mean, Yes, it was my choice to read through, however I actually believed you would have something useful to say. All I hear is a bunch of moaning about something you can fix if you were not too busy looking for attention.
According to the New York Stock Exchange, in 2006 program trading accounts for about 30 and as high as 46.4 of the trading volume on that exchange every day.
I’m amazed, I must say. Seldom do I encounter a blog that’s both educative and engaging, and let me tell you, you have hit the nail on the head. The problem is something that too few people are speaking intelligently about. I am very happy I found this in my hunt for something regarding this.
After looking over a number of the blog articles on your site, I seriously appreciate your technique of blogging. I bookmarked it to my bookmark website list and will be checking back in the near future. Please visit my web site as well and tell me what you think.
Good post. I learn something totally new and challenging on websites I stumbleupon everyday. It will always be interesting to read articles from other writers and use something from their web sites.
Having read this I thought it was really enlightening. I appreciate you taking the time and energy to put this information together. I once again find myself personally spending a significant amount of time both reading and leaving comments. But so what, it was still worthwhile.
Way cool! Some extremely valid points! I appreciate you penning this post and the rest of the site is very good.
Everything is very open with a clear clarification of the issues. It was really informative. Your site is extremely helpful. Thank you for sharing!
An outstanding share! I have just forwarded this onto a friend who has been doing a little research on this. And he in fact ordered me breakfast because I discovered it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanks for spending the time to talk about this subject here on your blog.
Your point of view caught my eye and was very interesting. Thanks. I have a question for you.
This web site definitely has all the information and facts I needed concerning this subject and didn’t know who to ask.
Aw, this was a very good post. Spending some time and actual effort to create a good article… but what can I say… I procrastinate a whole lot and don’t manage to get anything done.
Thanks for sharing. I read many of your blog posts, cool, your blog is very good.
Saved as a favorite, I really like your blog.
A fascinating discussion is worth comment. I do believe that you need to publish more about this issue, it may not be a taboo subject but usually people don’t talk about such topics. To the next! Cheers.
Everything is very open with a clear explanation of the issues. It was really informative. Your website is extremely helpful. Thanks for sharing.
Spot on with this write-up, I absolutely believe this website needs much more attention. I’ll probably be back again to read through more, thanks for the info!
Excellent blog you’ve got here.. It’s hard to find high-quality writing like yours these days. I really appreciate people like you! Take care!!
Oh my goodness! Awesome article dude! Thank you, However I am going through problems with your RSS. I don’t know the reason why I can’t join it. Is there anybody having similar RSS issues? Anybody who knows the solution will you kindly respond? Thanks!
Good day! I just want to offer you a big thumbs up for your excellent info you have here on this post. I’ll be returning to your website for more soon.
Very nice article. I absolutely love this website. Keep it up!
This is a topic that is close to my heart… Take care! Where can I find the contact details for questions?
Spot on with this write-up, I truly believe that this website needs a great deal more attention. I’ll probably be back again to see more, thanks for the advice.
Saved as a favorite, I like your blog.
Hello there! I could have sworn I’ve been to this blog before but after going through a few of the articles I realized it’s new to me. Regardless, I’m definitely delighted I discovered it and I’ll be book-marking it and checking back frequently.
I like looking through an article that can make men and women think. Also, thank you for allowing me to comment.
Aw, this was an incredibly good post. Taking a few minutes and actual effort to create a very good article… but what can I say… I procrastinate a whole lot and don’t seem to get nearly anything done.
This site was… how do I say it? Relevant!! Finally I have found something that helped me. Thank you!
An outstanding share! I’ve just forwarded this onto a co-worker who has been conducting a little research on this. And he actually bought me lunch due to the fact that I found it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanks for spending some time to discuss this issue here on your site.
This blog was… how do you say it? Relevant!! Finally I’ve found something that helped me. Thanks a lot!
This is a topic that’s close to my heart… Best wishes! Exactly where are your contact details though?
Pretty! This was an extremely wonderful article. Thank you for providing this information.
Greetings! Very helpful advice within this post! It is the little changes that produce the biggest changes. Thanks for sharing!
You have made some decent points there. I checked on the net to find out more about the issue and found most individuals will go along with your views on this website.
Greetings! Very useful advice in this particular post! It’s the little changes that make the biggest changes. Thanks a lot for sharing!
I would like to thank you for the efforts you’ve put in writing this site. I’m hoping to check out the same high-grade blog posts by you in the future as well. In fact, your creative writing abilities has inspired me to get my own blog now 😉
There’s definately a great deal to know about this issue. I love all the points you’ve made.
You are so awesome! I do not believe I’ve truly read through anything like this before. So good to discover another person with a few genuine thoughts on this topic. Really.. many thanks for starting this up. This site is one thing that’s needed on the internet, someone with a bit of originality.
Aw, this was a very nice post. Taking the time and actual effort to produce a top notch article… but what can I say… I procrastinate a whole lot and never manage to get anything done.
Way cool! Some very valid points! I appreciate you penning this post and also the rest of the site is very good.
There’s certainly a great deal to know about this subject. I love all of the points you’ve made.
I love it when people come together and share thoughts. Great blog, keep it up!
Your style is unique compared to other folks I’ve read stuff from. Many thanks for posting when you’ve got the opportunity, Guess I’ll just book mark this web site.
I truly love your site.. Excellent colors & theme. Did you build this website yourself? Please reply back as I’m attempting to create my very own site and want to learn where you got this from or exactly what the theme is called. Thanks.
Your style is very unique compared to other people I have read stuff from. Many thanks for posting when you’ve got the opportunity, Guess I will just bookmark this blog.
This site was… how do you say it? Relevant!! Finally I’ve found something that helped me. Cheers!
I used to be able to find good info from your blog articles.
Your style is unique in comparison to other folks I have read stuff from. Thanks for posting when you have the opportunity, Guess I’ll just bookmark this site.
When I originally left a comment I seem to have clicked on the -Notify me when new comments are added- checkbox and now whenever a comment is added I receive four emails with the exact same comment. There has to be a way you can remove me from that service? Many thanks.
This excellent website certainly has all the information and facts I wanted about this subject and didn’t know who to ask.
I’m impressed, I have to admit. Seldom do I come across a blog that’s both educative and interesting, and without a doubt, you have hit the nail on the head. The issue is something not enough men and women are speaking intelligently about. Now i’m very happy that I found this in my hunt for something regarding this.
Everything is very open with a really clear description of the challenges. It was truly informative. Your site is very helpful. Many thanks for sharing!
Right here is the perfect blog for everyone who wants to find out about this topic. You realize a whole lot its almost hard to argue with you (not that I actually will need to…HaHa). You definitely put a new spin on a topic that has been written about for many years. Excellent stuff, just excellent.
Oh my goodness! Awesome article dude! Thanks, However I am experiencing problems with your RSS. I don’t know the reason why I am unable to join it. Is there anybody getting similar RSS problems? Anyone who knows the answer will you kindly respond? Thanx!
Your style is really unique compared to other people I have read stuff from. I appreciate you for posting when you have the opportunity, Guess I’ll just book mark this blog.
Pretty! This has been an extremely wonderful post. Thank you for supplying this information.
I seriously love your blog.. Pleasant colors & theme. Did you build this amazing site yourself? Please reply back as I’m attempting to create my own personal website and would love to find out where you got this from or just what the theme is called. Appreciate it!
Your style is so unique in comparison to other folks I have read stuff from. Many thanks for posting when you’ve got the opportunity, Guess I’ll just bookmark this site.
I really like it whenever people get together and share ideas. Great site, continue the good work!
Very interesting points you have mentioned, appreciate it for putting up.
Travel blog
This is a great tip particularly to those new to the blogosphere. Simple but very precise information… Many thanks for sharing this one. A must read article!
Aw, this was an incredibly nice post. Spending some time and actual effort to create a good article… but what can I say… I procrastinate a whole lot and don’t manage to get anything done.
May I just say what a relief to uncover an individual who really knows what they’re talking about on the net. You certainly realize how to bring a problem to light and make it important. A lot more people need to check this out and understand this side of your story. I was surprised that you are not more popular because you certainly have the gift.
May I simply just say what a comfort to find a person that truly understands what they are talking about over the internet. You certainly realize how to bring a problem to light and make it important. More and more people ought to read this and understand this side of your story. It’s surprising you’re not more popular given that you surely possess the gift.
An outstanding share! I have just forwarded this onto a coworker who was doing a little research on this. And he in fact bought me dinner simply because I found it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanks for spending some time to discuss this matter here on your blog.
An impressive share! I’ve just forwarded this onto a colleague who was doing a little homework on this. And he actually ordered me breakfast because I stumbled upon it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanks for spending time to discuss this issue here on your web site.
Having read this I believed it was really enlightening. I appreciate you taking the time and energy to put this content together. I once again find myself personally spending way too much time both reading and commenting. But so what, it was still worth it.
I’m amazed, I must say. Rarely do I come across a blog that’s both equally educative and engaging, and without a doubt, you have hit the nail on the head. The issue is something that too few men and women are speaking intelligently about. I’m very happy that I stumbled across this in my search for something concerning this.
Aw, this was an exceptionally good post. Taking a few minutes and actual effort to create a great article… but what can I say… I hesitate a lot and never manage to get nearly anything done.
You made some good points there. I checked on the net to learn more about the issue and found most individuals will go along with your views on this website.
You made some decent points there. I looked on the web for more information about the issue and found most individuals will go along with your views on this web site.
I have to thank you for the efforts you’ve put in penning this site. I am hoping to view the same high-grade content from you in the future as well. In truth, your creative writing abilities has inspired me to get my own, personal blog now 😉
I was able to find good advice from your blog posts.
Hi, There’s no doubt that your website could be having browser compatibility issues. When I take a look at your site in Safari, it looks fine but when opening in I.E., it’s got some overlapping issues. I simply wanted to give you a quick heads up! Aside from that, fantastic blog.
You have made some good points there. I checked on the internet for more information about the issue and found most individuals will go along with your views on this web site.
Hi there! This article couldn’t be written much better! Looking through this post reminds me of my previous roommate! He constantly kept preaching about this. I am going to send this information to him. Pretty sure he will have a good read. I appreciate you for sharing!
Good post. I’m experiencing a few of these issues as well..
Howdy! This blog post could not be written much better! Going through this post reminds me of my previous roommate! He always kept preaching about this. I am going to send this article to him. Fairly certain he’ll have a good read. Thank you for sharing!
This is the right webpage for anyone who wants to understand this topic. You know a whole lot its almost hard to argue with you (not that I really would want to…HaHa). You certainly put a fresh spin on a subject which has been written about for a long time. Wonderful stuff, just excellent.
You’ve made some really good points there. I checked on the web for more info about the issue and found most people will go along with your views on this website.
I need to to thank you for this wonderful read!! I absolutely loved every bit of it. I’ve got you book-marked to look at new stuff you post…
I really like it when folks get together and share views. Great site, keep it up!
Hi there! I simply want to offer you a huge thumbs up for your great info you have here on this post. I’ll be coming back to your site for more soon.
Everything is very open with a very clear description of the challenges. It was definitely informative. Your site is very helpful. Thank you for sharing!
Can I just say what a comfort to uncover somebody who genuinely knows what they are talking about on the web. You certainly know how to bring a problem to light and make it important. More and more people need to look at this and understand this side of the story. It’s surprising you aren’t more popular given that you most certainly have the gift.
Greetings! Very useful advice within this post! It’s the little changes that will make the most significant changes. Many thanks for sharing!
I couldn’t resist commenting. Very well written!
Everyone loves it when people get together and share ideas. Great site, stick with it!
Good day! I could have sworn I’ve been to this website before but after browsing through a few of the posts I realized it’s new to me. Anyhow, I’m certainly happy I found it and I’ll be book-marking it and checking back regularly.
I like looking through an article that will make people think. Also, thank you for permitting me to comment.
Hi there! This blog post could not be written any better! Looking through this article reminds me of my previous roommate! He constantly kept preaching about this. I will send this information to him. Fairly certain he’ll have a great read. Thanks for sharing!
Excellent blog you have here.. It’s difficult to find high-quality writing like yours nowadays. I really appreciate individuals like you! Take care!!
I love it when people come together and share opinions. Great blog, continue the good work.
What urine colors are abnormal buy priligy in the usa Tell your doctor right away if any of the following unlikely but serious side effects occur bluish color of the fingers toes nails, hair loss reversible, mental mood changes such as depression, confusion, memory problems, numbness tingling, decreased sexual ability, vision changes, wheezing, new or worsening symptoms of heart failure such as shortness of breath, swelling ankles feet, unusual tiredness, unusual sudden weight gain
Good blog you have here.. It’s difficult to find high quality writing like yours nowadays. I truly appreciate individuals like you! Take care!!
After exploring a handful of the articles on your site, I honestly like your way of blogging. I added it to my bookmark site list and will be checking back soon. Take a look at my web site as well and let me know what you think.
Good blog you’ve got here.. It’s difficult to find excellent writing like yours these days. I seriously appreciate individuals like you! Take care!!
Excellent blog you have got here.. It’s hard to find high-quality writing like yours these days. I seriously appreciate individuals like you! Take care!!
I could not resist commenting. Well written!
Way cool! Some extremely valid points! I appreciate you penning this article and also the rest of the site is also really good.
I love it whenever people get together and share opinions. Great website, stick with it.
After looking over a few of the articles on your web site, I really appreciate your technique of blogging. I book marked it to my bookmark site list and will be checking back soon. Please check out my web site too and tell me how you feel.
Pretty! This was an incredibly wonderful post. Thank you for supplying these details.
Right here is the right website for everyone who wants to understand this topic. You realize a whole lot its almost tough to argue with you (not that I personally would want to…HaHa). You definitely put a brand new spin on a subject that has been discussed for ages. Wonderful stuff, just wonderful.
Hi there! This blog post couldn’t be written any better! Going through this post reminds me of my previous roommate! He constantly kept preaching about this. I will send this information to him. Pretty sure he will have a great read. I appreciate you for sharing!
I was very pleased to uncover this website. I wanted to thank you for your time for this particularly wonderful read!! I definitely enjoyed every part of it and i also have you saved to fav to look at new information on your blog.
Great article. I’m experiencing some of these issues as well..
I have to thank you for the efforts you’ve put in writing this blog. I am hoping to see the same high-grade blog posts from you later on as well. In truth, your creative writing abilities has inspired me to get my own website now 😉
There is certainly a great deal to learn about this subject. I really like all the points you’ve made.
Your style is so unique in comparison to other folks I’ve read stuff from. Thanks for posting when you’ve got the opportunity, Guess I’ll just book mark this web site.
Good day! I could have sworn I’ve been to this web site before but after going through some of the posts I realized it’s new to me. Regardless, I’m certainly delighted I discovered it and I’ll be bookmarking it and checking back often!
Nice post. I learn something totally new and challenging on sites I stumbleupon on a daily basis. It’s always helpful to read articles from other writers and practice a little something from other sites.
You are so cool! I don’t suppose I’ve read something like that before. So great to discover someone with some unique thoughts on this subject matter. Seriously.. thanks for starting this up. This site is one thing that’s needed on the web, someone with a bit of originality.
An intriguing discussion is definitely worth comment. I think that you should write more about this topic, it may not be a taboo matter but generally people do not talk about such topics. To the next! Kind regards!
Pretty! This was an extremely wonderful post. Thanks for supplying this information.
Greetings! Very helpful advice in this particular post! It’s the little changes that produce the largest changes. Thanks a lot for sharing!
Everything is very open with a very clear description of the challenges. It was really informative. Your website is extremely helpful. Thanks for sharing.
The very next time I read a blog, Hopefully it won’t fail me just as much as this particular one. I mean, Yes, it was my choice to read through, nonetheless I genuinely believed you’d have something useful to talk about. All I hear is a bunch of moaning about something that you could possibly fix if you weren’t too busy searching for attention.
I’m more than happy to discover this page. I want to to thank you for ones time due to this fantastic read!! I definitely liked every little bit of it and i also have you saved to fav to check out new things on your web site.
I used to be able to find good info from your articles.
I blog quite often and I genuinely thank you for your information. This great article has truly peaked my interest. I am going to bookmark your blog and keep checking for new information about once a week. I opted in for your RSS feed as well.
I truly love your site.. Great colors & theme. Did you make this website yourself? Please reply back as I’m looking to create my own site and would like to find out where you got this from or what the theme is called. Kudos.
May I just say what a comfort to find somebody who actually understands what they are talking about on the internet. You actually realize how to bring an issue to light and make it important. More and more people really need to look at this and understand this side of the story. I can’t believe you aren’t more popular because you surely have the gift.
Pretty! This has been a really wonderful article. Thanks for providing these details.
Everything is very open with a really clear description of the issues. It was definitely informative. Your site is very helpful. Thank you for sharing.
Excellent article. I’m experiencing many of these issues as well..
I’m impressed, I must say. Seldom do I encounter a blog that’s both equally educative and interesting, and let me tell you, you’ve hit the nail on the head. The problem is an issue that not enough men and women are speaking intelligently about. I am very happy I came across this during my hunt for something regarding this.