文档介绍：(Adopted at the 1462nd Meeting of the mittee of the Supreme People's Court on February 9, 2009) ( 2009 年2月9日最高人民法院审判委员会第 1462 次会议通过) In order to ensure proper trial of cases involving contract disputes, and in accordance with the Contract Law of the People's Republic of China , the following interpretations on certain issues concerning the application of the Contract Law are hereby issued: 为了正确审理合同纠纷案件,根据《中华人民共和国合同法》的规定,对人民法院适用合同法的有关问题作出如下解释: 1. Conclusion of the Contract 一、合同的订立 Article 1 In case ofa dispute between the parties concerned over the conclusion ofa contract, if the people's court can ascertain the title or name of the parties, the subject matter and the amount of the contract, such contract, as a general rule, shall be deemed to have been concluded, unless otherwise provided by laws and regulations or agreed upon by the parties. Where a contract fails to contain provisions on any issues other than those specified in the preceding paragraph, and the parties fail to reach an agreement thereon, the people's court shall make a determination thereof in accordance with the relevant provisions of Articles 61, 62 and 125 of the Contract Law . 第一条当事人对合同是否成立存在争议,人民法院能够确定当事人名称或者姓名、标的和数量的,一般应当认定合同成立。但法律另有规定或者当事人另有约定的除外。对合同欠缺的前款规定以外的其他内容,当事人达不成协议的,人民法院依照合同法第六十一条、第六十二条、第一百二十五条等有关规定予以确定。 Article 2 Where the parties concerned fail to conclude a written or oral contract, but are presumed to have the intent to conclude a contract from their civil acts, the people's court may determine that a contract is concluded in "any other forms" as prescribed in Paragraph 1 of Article 10 of the Contract Law , unless otherwise provided by the law. 第二条当事人未以书面形式或者口头形式订立合同,但从双方从事的民事行为能够推定双方有订立合同意愿的,人民法院可以认定是以合同法第十条第一款中的“其他形式”订立的合同。但法律另有规定的除外。 Article 3 Where the person offering a reward publicly declares to pay a person who performs certain acts, and the person who performs such acts requests payment from the person offering a reward, the people's court shall uphold the claim pursuant