论文部分内容阅读
货物买卖合同形式是关系到货物买卖合同能否成立的一个重要问题，各国法律都对此予以高度重视。作者基于我国国情和《经济合同法》存在的某些缺陷和不足，认为我国现阶段合同立法应坚持货物买卖合同以书面形式为原则，同时承认口头形式在特定和例外情况下存在的合法性：在这方面，美国《统一商法典》关于货物买卖合同形式要件的第２—２０１条规定值得研究和借鉴。
The form of contract of sale and purchase of goods is an important issue that concerns whether the contract of sale and purchase of goods can be established. All countries’ laws attach great importance to it. Based on China’s national conditions and some defects and shortcomings in the “Law of Economic Contract,” the author believes that at the present stage of the contract legislation in our country should adhere to the principle of writing the contract of sale of goods and at the same time recognize the legitimacy of the oral form under certain and exceptional circumstances: In this respect, Article 2-201 of the “Uniform Commercial Code” on the formal requirements of the contract for the sale of goods deserves to be studied and borrowed.