Sale and purchase agreement: features and rules of imprisonment

The contract of sale and purchase is recognized as one of the most ancient types of contractual relations, which arose about 4000 years ago. This fact is not surprising, because relations built on the acquisition of goods, there are almost as much as a reasonable person. The essence of such an agreement is obvious - the transfer of property from one owner to another for a fee.

Clause 1 of Article 454 of the Civil Code defines the main points of the contract of sale. It says that the first party to such an agreement assumes the obligation to provide a second party with a certain product, and the other party agrees to accept it and pay. Thus, the Civil Code legally fixed the essence of the sale process, that is, the transfer of property (property right) on a fee-for-service basis to another owner.

Since the moment when two of its parties have reached an agreement on its terms, the contract of sale is recognized as having entered into force, and its closure occurs at the moment when the goods are transferred to the buyer. However, there are often cases when these two events coincide. For example, retail trade, where there is also a notion of a contract of sale, is true, it has a very peculiar form: it is considered that the moment when the goods are exhibited at the points of sale (in the store window or counter) or when the seller demonstrates the quality of the goods, Is a public offer. And at the moment when the buyer receives a check (as an alternative - another document confirming payment), the contract is considered concluded.

For the performance of its obligations under the contract, the seller always receives a reward, and therefore the contract of sale is compensated. It is also two-sided, because Each party bears certain obligations in favor of the other party before the performance of which it is recognized as a debtor of the other party. Obligations of both parties are equivalent and significant: the seller is obligated to transfer the goods, and the buyer is obliged to pay for it. This relationship between the seller and the buyer allows us to call this contract synallagmatic (from the Greek "relationship"). This means that on the buyer under such a contract there is always a counter obligation to pay for the goods purchased (except for contracts with advance payment). According to Art. 328 GK, the buyer must fulfill his obligations related to payment only after the seller has fulfilled his obligations. And if the seller did not provide the goods, then the buyer is not obliged to make payment. Accordingly, in the case of prepayment, the counter obligation is imposed on the seller - he has the right to transfer the goods only after payment is made.

If the seller and the buyer can not be vested with counterclaims, the contract for them is subject to additional rights. For example: the contract of purchase and sale by installments assumes that from the moment when the goods are transferred to the buyer, until the final settlement, the subject of the transaction is pledged to the seller as providing the buyer with its payment obligations.

In the event that the buyer does not pay in due time, the seller is entitled to request not only payment for the goods (or return), but also repayment of interest from the staked sum. If it is a question of payment in advance, and the seller does not fulfill its obligations, then the buyer has the right to demand either the return of the paid money or the transfer of the paid goods to him. And the seller will also be obliged to pay interest for the period of delay.

The goods sold through such a contract can be any property, including real estate. However, the sale of certain groups of goods can be regulated not only by the Civil Code, but also by other regulatory acts.

Regardless of what goods are sold, the contract of sale includes several basic conditions: information about the goods, the order and timing of its transfer, as well as information on the amount and procedure for payment.