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
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