LECTURE No. 51. Purchase and sale agreement. Types of sales contracts

1. Sales contract

A contract of sale is understood as a contract where one party (the seller) undertakes to transfer the goods or thing into the ownership of the other party (the buyer), and the buyer undertakes to accept this goods and pay a certain amount of money (price) for it. This agreement is a bilateral transaction. The subject of the contract of sale is the thing that is transferred, acts as a product with the inherent properties of full or limited transferability. The subject of the contract can be both movable and immovable property. The circulation of securities is regulated separately. The content of this agreement is a bilateral agreement, where each of the parties has rights and obligations.

The main obligation of the seller is the obligation to transfer the thing or goods with the transfer of ownership of the thing being sold. The buyer is obliged to accept the thing and pay a certain amount of money. Additional responsibilities include providing information, insuring the item, storing the item, and indemnifying for damages.

The contract of sale must contain two conditions: on the goods and on the price. The contract of sale is a consensual agreement, since it will be considered concluded from the moment the parties reach an agreement on its essential terms, and also because the moment the contract enters into force is not associated with the transfer of goods to the buyer. The real conclusion of the contract of sale is allowed, when the execution of the contract is carried out at the time of its conclusion (retail trade).

The purpose of the contract of sale is to transfer ownership of the thing that serves as a commodity from the seller to the buyer. The right of ownership of the acquirer of a thing arises from the moment of its transfer. The buyer of the goods is any natural and legal person recognized as the subject of civil rights and obligations. The buyer becomes the owner of the goods, acquiring it under a contract of sale. The transfer of goods to the buyer is the execution of the contract of sale concluded and entered into force on the part of the seller.

The contract of sale is a reimbursable agreement, since the seller, for the fulfillment of his obligations to transfer the goods to the buyer, must receive a counter provision from the buyer in the form of payment for the goods received.

The contract of sale is a bilateral agreement, since each of the parties to this contract bears obligations in favor of the other party and is considered the debtor of the other party in what it is obliged to do in its favor, and at the same time the creditor of the other party in that it has the right to demand from it.

The deadline for the seller to fulfill the obligation to transfer the goods to the buyer is determined by the contract of sale (Article 457 of the Civil Code of the Russian Federation). In accordance with Art. 458 of the Civil Code of the Russian Federation, unless otherwise provided by the contract of sale, the obligation of the seller to transfer the goods to the buyer is considered fulfilled at the moment:

1) delivery of goods to the buyer or the person indicated by him, if the contract provides for the obligation of the seller to deliver the goods;

2) placing the goods at the disposal of the buyer, if the goods must be transferred to the buyer or the person indicated by him at the location of the goods.

Unless otherwise provided by the contract of sale, the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment when, in accordance with the law or the contract, the seller is considered to have fulfilled his obligation to transfer the goods to the buyer. The risk of accidental loss or accidental damage to the goods sold while they are in transit passes to the buyer from the moment the sale and purchase agreement is concluded, unless otherwise provided by such an agreement or business customs (Article 459 of the Civil Code of the Russian Federation).

If, under a sales contract, goods are subject to transfer in a certain ratio by types, models, sizes, colors or other characteristics (in assortment), the seller is obliged to transfer goods to the buyer in the assortment agreed by the parties.

The seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the contract of sale. The seller is obliged to transfer to the buyer the goods that comply with the terms of the contract of sale on completeness.

Unless otherwise provided by the contract of sale and does not follow from the essence of the obligation, the seller is obliged to transfer the goods to the buyer in containers and (or) packaging, with the exception of goods that, by their nature, do not require packaging and (or) packaging.

2. Types of sales contracts

The types of sales contracts are:

1) a retail sale and purchase agreement, under which the seller, carrying out entrepreneurial activities in the sale of goods at retail, undertakes to transfer to the buyer goods intended for personal, family, household or other use not related to entrepreneurial activity;

2) supply of goods;

3) a contract for the supply of goods for state needs;

4) contracting agreement;

5) an energy supply agreement, under which the energy supplying organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy, as well as to comply with the mode of its consumption provided for by the agreement, to ensure the safety of operation of the energy networks under his control and the serviceability of the devices used by him and equipment related to energy consumption;

6) a contract for the sale of real estate, under which the seller undertakes to transfer to the ownership of the buyer a land plot, building, structure, apartment or other immovable property;

7) a contract for the sale of an enterprise, under which the seller undertakes to transfer the enterprise as a whole as a property complex into the ownership of the buyer, with the exception of rights and obligations that the seller is not entitled to transfer to other persons.

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