仅有供油凭证时合同主体的认定
发布时间：2019-08-17 10:20
【摘要】：正【裁判要旨】船舶供油当事人在经营过程中不签书面供油合同的情形屡见不鲜,如果供油方仅有盖船章的供油凭证,并以此起诉要求受油船登记所有人支付供油款,法院可以依据受油船舶的登记情况推断合同主体身份。仅有供油凭证时,供油凭证上加盖船章的当事人并不一定为真实的买卖合同当事人。
[Abstract]:It is not uncommon for the party concerned to supply oil to a ship not to sign a written oil supply contract in the course of operation. If the supplier has only a supply certificate stamped with the seal of the ship, and in this case, the court may infer the identity of the subject of the contract according to the registration of the oil vessel to require the registered owner of the tanker to pay for the supply of the oil, the court may infer the identity of the subject of the contract on the basis of the registration of the ship. When there is only an oil supply certificate, the party affixed with the seal on the fuel supply certificate is not necessarily the real party to the contract of sale and purchase.
【作者单位】： 大连海事法院;
【分类号】：D923.6;D920.5
[Abstract]:It is not uncommon for the party concerned to supply oil to a ship not to sign a written oil supply contract in the course of operation. If the supplier has only a supply certificate stamped with the seal of the ship, and in this case, the court may infer the identity of the subject of the contract according to the registration of the oil vessel to require the registered owner of the tanker to pay for the supply of the oil, the court may infer the identity of the subject of the contract on the basis of the registration of the ship. When there is only an oil supply certificate, the party affixed with the seal on the fuel supply certificate is not necessarily the real party to the contract of sale and purchase.
【作者单位】： 大连海事法院;
【分类号】：D923.6;D920.5
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