I. CONTRACT AND OBLIGATION LAW

Topic 1. AGREEMENT OF PURCHASE AND SALE

1.1. General provisions on the contract of sale

The concept of a contract of sale currently covers all contracts under which a thing is transferred for money from one entity to another. Separate types of sales contracts are contracts: retail sales, supply of goods, supply of goods for state needs, contracting, energy supply, sale of real estate, sale of an enterprise.

In accordance with paragraph 1 of Art. 454 of the Civil Code, under a contract of sale, one party (the seller) undertakes to transfer the thing (goods) into the ownership of the other party (the buyer), and the buyer undertakes to accept this goods and pay a certain amount of money for it.

The contract of sale is consensual, since it is considered concluded from the moment when the parties reached an agreement on all the essential terms of the contract, which should be directly established by them, or when the state registration of such an agreement was made (enterprise sale contract). This agreement also applies to reimbursable and bilateral agreements.

The subject of the contract of sale is the transfer by the seller of the goods into the ownership of the buyer, acceptance by the seller and payment of the established price for it.

In order to recognize a contract of sale as concluded, it is necessary for the parties to agree only on the conditions on the name and quantity of goods. Other terms of the contract, including the price of goods, can be determined on the basis of the general rules contained in the Civil Code, therefore it is permissible to conclude a contract without their agreement.

The seller is obliged to transfer the goods to the buyer within the period established by the contract or the rules for the fulfillment of an indefinite obligation (Article 314 of the Civil Code).

The quantity of goods to be transferred to the buyer is provided for by the contract of sale in the relevant units of measurement or in monetary terms. It is possible for the parties to agree in the contract only on the procedure for determining the quantity of goods, however, in any case, it must be possible to establish the quantity of goods to be transferred (Article 465 of the Civil Code).

The contract of sale may contain a condition on the range of goods to be transferred by the seller to the buyer, i.e. on the establishment of a certain ratio of the latter by types, models, sizes, colors or other characteristics (Article 467 of the Civil Code).

The seller must fulfill the terms of the contract on the quality of the goods. In the absence of these conditions in the contract, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used. If the seller, at the conclusion of the contract, was notified by the buyer of the specific purposes of acquiring the goods, the seller is obliged to transfer to the buyer the goods suitable for use in accordance with these purposes.

The essence of a legal guarantee is that the goods must comply with the requirements for their quality at the time of their transfer to the buyer, unless another moment for determining the conformity of the goods with these requirements is provided by the contract, and within a reasonable time must be suitable for the purposes for which the goods of this kind are usually used (clause 1 of article 470 of the Civil Code).

The contract of sale in accordance with paragraph 2 of Art. 470 of the Civil Code provides for the provision by the seller of a guarantee of the quality of goods (contractual guarantee), which must be maintained for a certain time (guarantee period), when it is allowed for the buyer to make claims to the seller about the application of the consequences of the transfer of goods of inadequate quality specified in the law.

The shelf life of the goods should be distinguished from the warranty period, i.e. a period of time determined by law or in the manner prescribed by it, after which the goods are considered unsuitable for their intended use.

If the defects of the goods were not specified by the seller, the buyer, to whom the goods of inadequate quality were transferred, has the right, at his choice, to demand from the seller:

▪ a proportionate reduction in the purchase price;

▪ free of charge elimination of product defects within a reasonable time;

▪ reimbursement of your expenses to eliminate defects in the product.

In the event of a significant violation of the requirements for the quality of the goods (detection of fatal flaws, flaws that cannot be eliminated without disproportionate costs or time, are identified repeatedly, etc.), the buyer has the right to choose:

▪ refuse to fulfill the contract and demand a refund of the amount paid for the goods;

▪ demand the replacement of goods of inadequate quality with goods that comply with the contract (Article 475 of the Civil Code).

If the product does not have a warranty period or expiration date, the defects of the product must be discovered within a reasonable time, but within two years from the date of transfer of the product to the buyer. The law or the contract may provide for a longer period for detecting defects in the goods.

If the product has a warranty period, its defects must be discovered within this period. Similarly, the period for detecting defects in goods for which an expiration date is established (Article 477 of the Civil Code) is determined.

Under the contract of sale, the seller is obliged to transfer to the buyer the goods that comply with the terms of the contract on completeness, and in the absence of such a contract, the completeness of the goods is determined by business customs or other requirements (Article 478 of the Civil Code).

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. An exception to this rule may be provided for by the contract or follow from the essence of the obligation (paragraph 1 of article 481 of the Civil Code).

The buyer is obliged to accept the goods transferred to him, except for cases when he has the right to demand replacement of the goods or refuse to fulfill the contract of sale (Article 484 of the Civil Code).

The price of the goods may be stipulated by the contract. If it is not determined by the contract and cannot be established on the basis of its terms, the goods are paid for at a price that, under comparable circumstances, is usually charged for similar goods, i.e. the rule of paragraph 3 of Art. 424 GK.

The law provides for the possibility of concluding a contract of sale with the condition of prepayment for the goods, as well as on credit with full payment for the goods after a certain period of time or with payment in installments.

1.2. Retail sales contract

In accordance with paragraph 1 of Art. 492 of the Civil Code, under a retail sale and purchase agreement, a seller engaged in entrepreneurial activities for the sale of goods at retail undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to entrepreneurial activity.

Like any contract of sale, a retail sale contract is consensual, paid and bilateral. At the same time, a number of specific features are inherent in the retail sale and purchase.

First of all, the subject composition of this agreement has its own characteristics. The seller is always a commercial organization or a citizen-entrepreneur engaged in entrepreneurial activities for the sale of goods at retail. The buyer can be any subject of civil law.

To relations under a retail sale and purchase agreement with the participation of a buyer-citizen entering into contractual relations in order to meet personal household needs, not regulated by § 2 Ch. 30 of the Civil Code, the Law of the Russian Federation of February 07.02.1992, 2300 No. 1-XNUMX "On the Protection of Consumer Rights" (hereinafter referred to as the Law on the Protection of Consumer Rights) and other legal acts adopted in accordance with it are applied.

The retail sale contract is a public contract, in connection with which the seller is not entitled to refuse to conclude it if he has goods that are of interest to the buyer.

A retail sale and purchase agreement can be concluded using a public offer (an offer containing all the essential terms of the agreement, from which the will of the person making it is seen to conclude an agreement on the conditions specified in it with everyone who responds).

A specific feature of a retail sale and purchase agreement is its subject matter. According to Art. 492 of the Civil Code, the seller undertakes to transfer to the buyer the goods intended for personal, family, home or other use not related to entrepreneurial activity.

The form of this agreement also has its own peculiarities. As a general rule, a retail sale and purchase agreement is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods. The buyer's lack of such documents does not deprive him of the opportunity to refer to testimonies in support of the conclusion of the contract and its terms (Article 493 of the Civil Code).

Before concluding a retail sale contract, the seller is obliged to provide the buyer with information about the product (including providing the opportunity to inspect the product, checking the properties at the request of the buyer or demonstrating the use of the product) (Article 495 of the Civil Code).

The peculiarity of the retail sale and purchase agreement is that its essential condition, without the agreement of which this agreement cannot be considered concluded, is the price.

In the case of the sale of goods of inadequate quality, the buyer has a number of opportunities established by Art. 503 of the Civil Code and Art. 18 of the Consumer Protection Act. He may, at his option, demand:

▪ replacement of low-quality goods with goods of good quality;

▪ a proportionate reduction in the purchase price;

▪ immediate, free elimination of product defects;

▪ reimbursement of expenses for eliminating product defects.

The listed requirements of the buyer are subject to satisfaction only if the seller, at the conclusion of the contract, did not stipulate that he was selling the goods with defects.

Instead of presenting the listed requirements, the buyer has the right to refuse to fulfill the contract of retail sale and demand the return of the amount of money paid for the goods (clause 3 of article 503 of the Civil Code). In addition, if a citizen-consumer participates in such an agreement as a buyer, he is also entitled, in accordance with paragraph 1 of Art. 18 of the Law on the Protection of Consumer Rights to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality.

The requirements specified in paragraph 1 of Art. 18 of this Law are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur. However, according to paragraph 3 of the same article, claims for free elimination of defects or reimbursement of consumer expenses for their elimination or replacement of goods can be addressed directly to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer). In addition, the consumer is given the right to return the goods of inadequate quality to the manufacturer and demand from him the amount paid for the goods.

When selling to a consumer a product of inadequate quality, for which a warranty period or expiration date is established, in accordance with paragraph 1 of Art. 19 of the Law on Protection of Consumer Rights, he can present his claims to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding the defects of the goods, if they are discovered within the specified time limits.

In the event of a dispute about the causes of these shortcomings, the seller (manufacturer) is obliged to conduct an examination at his own expense. If the consumer disagrees with its results, the latter has the right to challenge the conclusion of the examination in court (clause 5, article 18 of the said Law).

In the event that significant defects in the goods are revealed through the fault of the manufacturer, the consumer has the right to present the manufacturer with a demand for the free elimination of defects in the goods after the expiration of the warranty period established for the goods by the manufacturer. This requirement can be brought if the defects of the goods are discovered after two years from the date of transfer of the goods to the consumer, during the established service life of the goods or within ten years from the date of transfer of the goods, if the service life of the goods is not established (paragraph 6 of article 19 of this Law).

The main obligations of the buyer under the retail sales contract are to accept the goods and pay the purchase price.

1.3. Contract for the supply of goods

According to Art. 506 of the Civil Code, under a supply agreement, a supplier-seller engaged in entrepreneurial activities undertakes to transfer, within a specified period or terms, the goods produced or purchased by him to the buyer for use in entrepreneurial activities or other purposes not related to personal, family, home and other similar use.

By its legal nature, the supply contract is consensual, bilateral and paid.

Of essential importance is the condition on the term or terms of delivery of goods. In the absence of such a condition in the contract, if the moment of conclusion and the moment of execution of the contract do not coincide and the delivery should not be carried out in separate batches, the delivery time is determined according to the rules of Art. 314 GK.

If the delivery of goods must be carried out during the entire term of the contract in separate lots, the essential condition of the contract is the periods of delivery (Article 508 of the Civil Code), i.e. terms of delivery of individual consignments of goods stipulated by the parties. If the parties have not determined the delivery periods in the contract, the goods must be delivered in equal batches on a monthly basis, unless otherwise follows from the legislation, the essence of the obligation or the customs of business. Along with the periods of delivery, the contract establishes a schedule for the delivery of goods (ten-day, daily, hourly, etc.). Early delivery of goods can be made with the consent of the buyer.

The contract for the supply of goods provides for the right of the buyer to give instructions to the supplier on the shipment (transfer) of goods to the recipients indicated in the shipping order.

In connection with the long-term nature of these contractual relations, the regulation of the procedure for replenishing the short supply of goods becomes important. The supplier who allowed the underdelivery in a particular period is obliged to make up for the underdelivered quantity of goods in the next period (s) within the term of the contract, unless otherwise provided by the latter.

The buyer has the right, by notifying the supplier, to refuse to accept goods whose delivery is overdue, unless otherwise provided in the supply contract. The buyer is obliged to accept and pay for goods delivered before the supplier receives the notification (Article 511 of the Civil Code).

If the supplier has not delivered the quantity of goods stipulated by the contract or has not fulfilled the buyer's requirements to replace defective goods or complete the goods, the buyer has the right to purchase the undelivered goods from other persons, with all the necessary and reasonable expenses for their acquisition being charged to the supplier (Article 520 of the Civil Code).

In the event of a material breach of the contract by one of the parties, a unilateral refusal of the other party to perform it is allowed. According to Art. 523 of the Civil Code, a violation of the contract for the supply of goods is assumed to be significant if:

▪ delivery of goods of inadequate quality with defects that cannot be eliminated within a timeframe acceptable to the buyer or repeated violation by the supplier of delivery dates for goods;

▪ repeated violation by the buyer of payment terms for goods or failure to select goods.

Upon termination of the contract, the bona fide party has the right to demand from the other party compensation for losses caused by the purchase of goods from another seller at a higher price (buyer) or the sale of goods at a lower price (supplier), or if the corresponding new transaction was not completed, the difference between the price, established in the contract, and the current price at the time of termination of the contract.

1.4. Contract for the supply of goods for state or municipal needs

The supply of goods for state or municipal needs is carried out on the basis of a state or municipal contract for the supply of goods for state or municipal needs, as well as contracts concluded in accordance with it (Article 525 of the Civil Code).

In addition to the norms of the Civil Code, the supply of goods for state or municipal needs is regulated by special laws. These are federal laws No. 13.12.1994-FZ of December 60, 29.12.1994 "On the supply of products for federal state needs", No. 79-FZ of December 02.12.1994, 53 "On the state material reserve", No. 27.12.1995-FZ of December 213, 06.05.1999 "On procurement and supply of agricultural Products, Raw Materials and Food for State Needs", No. 97-FZ dated December 21.07.2005, 94 "On the State Defense Order", No. XNUMX-FZ dated May XNUMX, XNUMX "On tenders for placing orders for the supply of goods, performance of work, provision of services for state needs", dated XNUMX No. XNUMX-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs".

A state or municipal contract is concluded on the basis of an order for the supply of goods for state or municipal needs, placed in the manner prescribed by law on placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs. The conclusion of a state or municipal contract is mandatory for the supplier (executor) only in cases provided for by law, and subject to compensation by the state or municipal customer for all losses that may be caused to the supplier (with the exception of state-owned enterprises) in connection with the implementation of this contract.

Placement of a state or municipal order may be carried out by holding open or closed bidding in the form of a tender, auction, including an auction in electronic form, as well as without bidding (request for quotations for goods; from a single supplier; on commodity exchanges). The request for quotations for goods is understood as a method of placing an order, in which information about the needs for goods for state or municipal needs is communicated to an unlimited number of persons by posting a notice on the request for quotations on the official website and the winner in the request for quotations is recognized as the participant in the placement of the order, who offered the most low contract price.

The law specifically regulates the procedure for concluding a state or municipal contract (Article 528 of the Civil Code) and concluded in accordance with it (on the basis of a notice of attaching a buyer to a supplier) an agreement for the supply of goods for state or municipal needs (Article 529 of the Civil Code).

Delivery of goods for state or municipal needs may be carried out directly to the state or municipal customer or at his direction (shipment order) to another person (recipient).

When the buyer pays for goods under a contract for the supply of goods for state or municipal needs, the state or municipal customer is recognized as a guarantor for this obligation of the buyer (Article 532 of the Civil Code).

1.5. contracting agreement

According to paragraph 1 of Art. 535 of the Civil Code, under a contracting agreement, a producer of agricultural products undertakes to transfer the agricultural products grown (produced) by him to a procurer - a person who purchases such products for processing or sale.

By its legal nature, this agreement is consensual, reimbursable and bilateral.

Agricultural commercial organizations can act as a producer of agricultural products: business companies, partnerships, production cooperatives, as well as peasant (farm) enterprises. The supplier acts as a buyer under the contracting agreement, i.e. a commercial organization or an individual entrepreneur engaged in business activities for the purchase of agricultural products for their subsequent sale or processing.

The producer of agricultural products is obliged to transfer to the supplier the grown (produced) agricultural products in the quantity and assortment provided for by the contracting agreement (Article 537 of the Civil Code).

The legislator establishes some preferential rules for the producer of agricultural products as an economically weaker party. So, according to the general rule, the supplier accepts this product at its location and ensures its export.

Since the production of agricultural products to a very large extent depends on weather conditions and is an economic activity with an increased risk, the legislator specifically stipulates that the producer of these products, who has not fulfilled an obligation or has performed it improperly, is liable if he is guilty (Article 538 of the Civil Code) .

1.6. Energy supply agreement

According to paragraph 1 of Art. 539 of the Civil Code, under an energy supply agreement, the energy supplying organization undertakes to supply the subscriber (consumer) through the connected network with energy, 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 instruments and equipment used by him associated with energy consumption.

With regard to energy supply contracts, this refers to electrical energy, although some rules relating to the supply of it may also apply to the supply of thermal energy.

According to the energy supply contract, energy is supplied through the connected network, i.e. through wires (electrical, thermal) connecting the seller and the buyer of energy.

The subscriber (consumer) undertakes to pay for the received energy, but he is not obliged to accept the goods, i.e. get some energy. In addition, an energy supply agreement is characterized by additional specific obligations of the subscriber: compliance with a certain mode of energy consumption, etc.

By its legal nature, this agreement is consensual, reimbursable and bilateral. The peculiarity of the energy supply agreement is that it is a public agreement and its conclusion is considered mandatory for the energy supply organization.

Energy supply organization - a commercial organization that sells produced or purchased electrical and (or) thermal energy to consumers.

A legal or natural person can act as a subscriber (consumer) under an energy supply agreement. In the case when the subscriber is a citizen using energy for domestic consumption, the contract is considered concluded from the moment the subscriber first actually connects in the prescribed manner to the connected network (clause 1 of article 540 of the Civil Code).

A feature of the energy supply agreement is that it is concluded with the subscriber only if he has an energy receiving device that meets the established technical requirements, connected to the networks of the energy supply organization, and other necessary equipment, as well as providing accounting for energy consumption.

The energy supply agreement determines the amount of energy that the energy supply organization is obliged to supply to the subscriber, and the mode of its supply. These terms of the contract are relevant when it is concluded with industrial and other organizations.

A citizen using energy for household consumption has the right to use it in the amount he needs. They pay for energy in accordance with the actual consumption, determined by the meter readings.

The quality of electrical energy is determined mainly by two indicators: voltage and current frequency. Quality requirements are contained in state standards and other mandatory rules, and can also be established by agreement (clause 1 of article 542 of the Civil Code).

The term of the energy supply contract can be either indefinite or definite. The first takes place if the subscriber is a citizen using energy for domestic consumption, and otherwise is not provided by agreement of the parties, the second - if the subscriber is a legal entity.

The price at which payment is made is generally regulated by government-set tariffs. Therefore, the absence of a price clause in the power supply contract does not entail its invalidity, since the price is not an essential condition of this contract.

Payment by subscribers, except for budgetary organizations and the population, for the energy actually received by them is made by direct debit from the settlement (current) accounts of consumers.

The subscriber is obliged to ensure the proper technical condition and safety of the operated energy networks, instruments and equipment, comply with the established mode of energy consumption, and immediately inform the energy supply organization about accidents, fires, malfunctions of energy meters and other violations that occur when using energy. This obligation in terms of ensuring the proper technical condition and safety of energy networks, as well as energy metering devices, lies with the energy supply organization in cases where a citizen using energy for domestic consumption acts as a subscriber, unless otherwise provided by law (Article 543 of the Civil Code ).

According to paragraph 1 of Art. 547 of the Civil Code, the party that violated the obligation (both the energy supply organization and the subscriber) is obliged to compensate for the real damage caused by this. Thus, the liability of the parties is limited, lost profits cannot be recovered.

If, as a result of the regulation of the energy consumption regime, carried out on the basis of the law or other legal acts, a break in the supply of energy to the subscriber is allowed, the energy supply organization shall be liable for violation of the obligation if it is at fault.

Regulatory acts and the energy supply agreement provide for the responsibility of the subscriber for the delay in payment for the energy received. In addition to recovering the real damage caused to the energy supply organization, interest may be collected from the subscriber for the use of other people's funds (Article 395 of the Civil Code) or, if provided for by the contract, a penalty. The energy supply organization has the right to suspend the supply of energy to the subscriber until he fully pays for the previously received energy. In case of significant and repeated violation of the terms of payment for energy, it is possible to terminate the contract unilaterally.

1.7. Real estate sale agreement

In accordance with Art. 549 of the Civil Code, under a contract for the sale of real estate (contract for the sale of real estate), the seller undertakes to transfer the ownership of the land plot, building, structure, apartment or other real estate to the buyer, and the buyer undertakes to accept this property and pay for it the price determined by the parties (paragraph 1 of Art. 454, paragraph 1 of article 549 of the Civil Code).

By legal nature, a real estate sale agreement is consensual, paid and bilateral.

The subject of this agreement can only be the sale of real estate that has a sign of negotiability (Article 129 of the Civil Code).

The contract for the sale of real estate is concluded in writing by drawing up one document signed by the parties. Failure to comply with this form entails the invalidity of the contract for the sale of real estate (Article 550 of the Civil Code). The contract for the sale of real estate is considered concluded from the moment the parties sign a single document, which sets out all its essential conditions.

The transfer of ownership of real estate from the seller to the buyer is subject to state registration.

If one of the parties evades state registration of the transfer of ownership of real estate, the court may, at the request of the other party, make a decision on such registration. The party that unreasonably evades this registration must compensate the other party for the losses caused by its delay (paragraph 3 of article 551 of the Civil Code).

An essential condition of the contract for the sale of real estate is the condition of the subject of sale. According to Art. 554 of the Civil Code, the contract for the sale of real estate must contain data that makes it possible to definitely establish the real estate to be transferred to the buyer under the contract, including data that determines the location of the property on the relevant land plot or as part of other real estate. In the absence of these data in the contract, the condition on the real estate to be transferred is considered not agreed by the parties, and the contract is not concluded.

When selling buildings, structures, residential and non-residential premises, documents containing the necessary information about these objects must be attached to the contract.

The contract for the sale of real estate must provide for the price of this property. In the absence of a condition agreed by the parties on the price of real estate in the contract, the contract for its sale is recognized as not concluded.

Under a contract for the sale of a building, structure or other real estate, the buyer, simultaneously with the transfer of ownership of such real estate, is transferred the rights to the land plot occupied by such real estate and necessary for its use (Article 552 of the Civil Code).

The execution of the contract for the sale of real estate must be carried out by transferring the real estate by the seller and accepting it by the buyer according to the deed of transfer signed by the parties, or another document on the transfer.

Some special rules are set for the sale of residential properties. So, an essential condition of the contract for the sale of a residential building, apartment, part of a residential building or an apartment in which persons live who, in accordance with the law, retain the right to use this residential premises after its acquisition, is a list of these persons indicating their rights to use the residential premises being sold ( paragraph 1 of article 558 of the Civil Code). If the specified condition is not included in the contract, the buyer in accordance with par. 2 p. 1 art. 460 of the Civil Code has the right to demand a reduction in the purchase price or termination of the contract for the sale of residential premises. Unlike contracts for the sale of other real estate, a contract for the sale of residential premises is subject to state registration and is considered concluded from the moment of such registration (clause 2 of article 558 of the Civil Code).

1.8. Enterprise sale agreement

In accordance with paragraph 1 of Art. 559 of the Civil Code, under a contract for the sale of an enterprise, the seller undertakes to transfer the enterprise as a whole as a property complex to the buyer's property (Article 132 of the Civil Code), with the exception of rights and obligations that the seller is not entitled to transfer to other persons.

The allocation of the contract for the sale of an enterprise as an independent type of contract of sale is due to the special nature of the object of sale. An enterprise as a property complex acts as such an object. In accordance with paragraph 2 of Art. 132 of the Civil Code, an enterprise as a property complex includes all types of property intended for its activities (land plots, buildings, structures, equipment, raw materials), finished products, rights of claim, debts, as well as rights to designations that individualize the enterprise, its products, works and services (commercial designation, trademarks, service marks) and other exclusive rights, unless otherwise provided by law or contract.

The contract for the sale of an enterprise is concluded in writing by drawing up one document signed by the parties. Failure to comply with this form entails the invalidity of the contract. The contract for the sale of an enterprise is subject to state registration and is considered concluded from the moment of such registration (Article 560 of the Civil Code).

Prior to its transfer to the buyer by one of the parties to the contract, by agreement between the parties, written notifications of its sale must be sent to creditors for obligations included in the sold enterprise. The creditor, who has not informed the seller or the buyer in writing of his consent to the transfer of the debt, has the right, within three months from the date of receipt of the notice of the sale of the enterprise, to demand either the termination or early performance of the obligation and compensation by the seller for the losses caused by this, or the recognition of the contract for the sale of the enterprise as invalid in full or in the relevant part. The creditor who has not received the notice is entitled to file the said claims within one year from the date when he learned or should have known about the transfer of the enterprise by the seller to the buyer.

A duly notified creditor who has not informed the seller of anything, as well as a creditor who has not stated one of the above requirements, is considered a creditor who has not consented to the transfer of the debt. Before such a creditor, after the transfer of the enterprise to the buyer, the seller and the buyer are jointly and severally liable for the debts included in the enterprise (Article 562 of the Civil Code).

Article 563 of the Civil Code stipulates that the transfer of an enterprise by the seller to the buyer is carried out according to a deed of transfer, which indicates data on the composition of the enterprise and on notification of creditors about the sale of the enterprise, as well as information on the identified shortcomings of the transferred property and a list of property, the obligation to transfer which was not fulfilled by the seller due to his loss.

The transfer of the enterprise to the buyer does not in itself entail the emergence of his ownership of this enterprise. Such a right passes to him from the seller only from the moment of state registration of this right. Unless otherwise provided by the contract, the ownership of the enterprise passes to the buyer and is subject to state registration immediately after the transfer of the enterprise to the buyer (Article 564 of the Civil Code).

Author: Ivakin V.N.

<< Back: Accepted abbreviations

>> Forward: Contracts of exchange, gift, rent (Exchange agreement. Gift agreement. Rent agreement)

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Medical physics. Crib

▪ Social Psychology. Lecture notes

▪ Children's surgery. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive Smartphone LeTV Le 1s 1080р 30.10.2015 LeTV has announced the Le 1s smartphone, which combines an attractive design, fairly powerful electronics and affordability. The device is made in a metal case: its dimensions are 151,1 x 74,2 x 7,5 mm, weight - 169 grams. The 5,5-inch touchscreen is characterized by a resolution of 1920 x 1080 pixels (1080p format), a brightness of up to 500 cd / m2 and narrow side frames. The "heart" of the novelty is the MediaTek Helio x10 processor: it contains eight cores with a maximum clock speed of 2,2 GHz and the ability to work simultaneously. The video subsystem relies on the IMG PowerVR G6200 graphics controller. The chip functions in tandem with 3 GB of RAM. The smartphone carries a 32 GB flash module, Wi-Fi 802.11ac and Bluetooth 4.0 wireless adapters, a GPS navigation system receiver, a 13-megapixel main camera with an ISOCELL sensor and LED flash, and a 5-megapixel front camera with wide-angle optics. . Instead of a traditional Micro-USB port, a symmetrical USB Type-C connector is used. On the back of the case is a fingerprint sensor for user identification by fingerprints. Power is provided by a 3000 mAh rechargeable battery. With MediaTek SpeedVolt technology, a five-minute charge will provide up to 3,5 hours of phone calls. The novelty supports operation in LTE networks; two SIM cards are allowed. The operating system is Android 5.1 Lollipop with a proprietary EUI 5.5 interface. You can buy a smartphone for 170-175 USD.

Other interesting news:

▪ The appearance of the child can be edited at the gene level

▪ Headphones that completely absorb background noise

▪ Developing 30Gbps Communications from Huawei

▪ The most relevant brands of our time

▪ ASUS Hyper M.2 X16 Card V2 Expansion Card

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Application of microcircuits. Article selection

▪ article Assembly workshop for beginners. video art

▪ article How long and why were Europeans afraid to eat tomatoes? Detailed answer

▪ Article Chief Economist. Job description

▪ article Bouncing Ball Sound Simulator. Encyclopedia of radio electronics and electrical engineering

▪ article Regenerative VHF-FM radio receiver. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages ​​of this page

Arabic	Hebrew	Polish
Bengali	Hindi	Portuguese
Chinese	Italian	Spanish
English	Japanese	Turkish
French	Korean	Ukrainian
German	Malay	Vietnamese

Home page | Library | Articles | Website map | Site Reviews

www.diagram.com.ua
2000-2024