THE COMPARISON OF ORAL OR NON-WRITTEN SALES CONTRACTS UNDER THE LAW AND THE REQUIREMENTS FOR DOCUMENTATION IN COMMON BUSINESS TRANSACTIONS IN THE CONTEXT OF THE COMMERCIAL SECTOR

Abstract

         This academic article is intended to demonstrate the comparison between the legal contexts in which they are enacted regarding the form of the contracts and standard practices in issuing Commercial documents. The principles of law in the Civil and Commercial Code stipulated that it must be made in writing and no need to be in writing a contract. However, if the written Sell contract has been made. It may be a reason for confidence, that the other party will strictly comply with the contract, as well as, to confirm and reduce arguments from agreements or misinterpretations.

        However, legal principles from the Civil and Commercial Code did not determine that The contract must be made in writing in every contract. In some contract types. The law does not specify, because of the difference in important characteristics. The law specifically requires a written contract. or make a contract and registered with the official authority. Particularly, Selling of Immovable Property and or a special type of movable property, for instance. In the case of the law that does not specify the contract form and the parties do not make a written contract against each other, the validation of the contract still remains complete. Either party still has the right to accuse and enforce if there is other legal evidence.

        This article will comparatively analyze by use of Business Document forms in selling transactions, considering and comparing with the legal jurisprudence context, as the result.