Table of contents (expand)
- The concept, types, characteristics and meaning of the contract of sale. Rights and obligations of the parties
- Elements of a sales contract
- Responsibility of the parties under the contract of sale
- The concept, types, characteristics of the contract of retail sale. Legislation
- Elements of a retail sale contract
- Rights and obligations of the parties under a retail purchase and sale agreement. Responsibility of the parties
- Concept, characteristics, elements of the supply contract
- Conclusion and termination of the supply contract
- Rights and obligations of the parties under the supply agreement
- The concept, elements and features of the contract for the supply of goods for state or municipal needs
- Responsibility of the parties under the contract for the supply of goods for state or municipal needs. Contents of the contract
- The concept, types, characteristics of the contracting agreement, features of legal regulation. Difference from the supply contract
- Elements and content of the contracting agreement. Responsibility of the parties
- The concept, types, characteristics and content of the energy supply contract
- Elements of an energy supply contract
- Features of the conclusion and termination of the contract for energy supply. Liability of the parties under the contract
- Concept, characteristics, elements of a contract for the sale of real estate
- Parties to a real estate sale agreement, their obligations
- Real estate sale contract form
- Residential sale agreement. The concept of a contract for the sale of an enterprise
- Elements and content of an enterprise sale agreement
- The concept and characteristics of the contract of exchange. Responsibility of the parties
- Elements and content of an exchange agreement
- The concept, characteristics and subject of the donation agreement
- Parties to the donation agreement
- Rights and obligations of the parties under the donation agreement
- The form of the donation agreement, the procedure for its conclusion. Responsibility of the parties
- The concept, characteristics and features of the annuity agreement. Liability under the contract
- Elements of a lease agreement. Rights and obligations of the parties
- Features and elements of a permanent rent agreement
- The content of the contract of permanent rent
- Life annuity contract
- Lifetime maintenance contract with dependents
- The concept and characteristics of the lease agreement. Liability of the parties and termination of the contract
- Elements of a lease agreement
- Parties to the lease. Rights and obligations of the parties
- Features of the vehicle lease agreement
- Features of the enterprise lease agreement
- Features of a financial lease (leasing) agreement
- Concept, characteristics, legal regulation, elements of a loan agreement. Liability under the contract
- Rights and obligations of the parties under the loan agreement. Termination of the contract
- The concept, characteristics and elements of a tenancy agreement
- Social tenancy agreement
- The powers of the parties to the contract of social rental of residential premises, which differ from the powers of the parties to the contract of commercial rental of residential premises
- commercial lease agreement
- Rights and obligations of the parties to the contract
- Household contract
- Construction contract
- Contract for the performance of design and survey work
- Contract for the performance of work for state or municipal needs
- The concept, types, regulation of the contract for the provision of services
- Elements and content of the contract for the provision of services
- Transport contracts
- Contract of carriage of goods
- The concept, characteristics and elements of the contract for the carriage of passengers and baggage. Liability under the contract
- Rights and obligations of the parties under the contract for the carriage of passengers and baggage and under the contract of transport expedition
- The concept, characteristics and elements of the contract of transport expedition. Liability under the contract
- Towing contract
- The concept, types and legal regulation of the storage agreement
- Elements of a storage agreement
- Rights and obligations of the parties under the storage agreement
- Responsibility of the parties under the storage agreement
- The concept, characteristics and elements of the contract of agency. Features of a commercial order
- Rights and obligations of the parties under the contract of assignment. Termination of the contract
- Concept, characteristics, elements of the contract of commission. Termination of the contract
- Rights and obligations of the parties under the commission agreement
- The concept, characteristics and elements of an agency agreement
- The content of the agency agreement
- The concept and characteristics of the contract of trust management of property. Parties to the agreement
- Elements of the contract of trust management of property. Grounds for termination of the contract
- Contents of the property trust management agreement
- The concept and characteristics of the insurance contract. Parties to the agreement
- Basic concepts of insurance law. Elements of an insurance contract
- Rights of the parties under the insurance contract
- Obligations of the parties under the insurance contract
- Types of insurance
- Forms of insurance
- Concept, characteristics, elements and types of loan agreement
- Rights and obligations of the parties under the loan agreement
- Loan Agreement
- The concept, characteristics and elements of a financing agreement against the assignment of a monetary claim (factoring). Responsibility of the parties
- Rights and obligations of the parties under a financing agreement against the assignment of a monetary claim (factoring)
- The concept, characteristics and elements of a bank deposit agreement
- Rights and obligations of the parties under the bank deposit (deposit) agreement
- The concept, characteristics and elements of a bank account agreement
- Types of accounts under a bank account agreement. Liability of the parties and termination of the contract
- Rights and obligations of the parties under the bank account agreement
- Settlement obligations. Forms of non-cash payments. Settlements by payment order
- Settlements under a letter of credit
- Payments by checks
- Settlements for collection
- The concept, characteristics, elements and types of a simple partnership agreement
- The content of the simple partnership agreement
- Termination of a simple partnership agreement
- Acting in someone else's interest without a mandate
- Rights and obligations of the parties when acting in someone else's interest without instructions
- Public promise of reward
- public competition
- Games and betting
- General provisions on tort obligations (due to harm)
- General provisions of the rules on liability for tort obligations
- Features of liability of legal entities for tort liabilities
- Responsibility for tort obligations of minors, persons with limited legal capacity and legally incompetent
- Peculiarities of responsibility of persons possessing a source of increased danger in case of harm
- Features of compensation for harm caused to the life or health of a citizen, and harm caused by defects in goods, works or services
- General provisions on obligations arising from unjust enrichment
- Grounds for the emergence of obligations from unjust enrichment
- The powers of the parties to the obligation from unjust enrichment
- Liability of the parties to the obligation from unjust enrichment
- The concept, characteristics and elements of contracts for the implementation of research (R&D), experimental design (R&D) and technological work
- The content of the contract for the implementation of research (R&D), experimental design (R&D) and technological work
- The concept and content of know-how (a license agreement on granting the right to use a production secret)
- License agreement
- The concept, characteristics and elements of a commercial concession (franchising) agreement
- Rights of the right holder under a commercial concession agreement
- Obligations of the user under a commercial concession agreement
- Varieties of commercial concession (franchising). Subconcession. Restrictions on the rights of the parties under the contract
- Liability under a commercial concession agreement. Modification and termination of the contract
1. CONCEPT, TYPES, CHARACTERISTICS AND SIGNIFICANCE OF THE AGREEMENT OF SALE. RIGHTS AND OBLIGATIONS OF THE PARTIES
Contract of sale - this is an agreement under which one party (seller) undertakes to transfer property to the other (buyer) by paying a certain amount of money for it (Article 454 of the Civil Code).
Types of contract of sale (Section 28, Chapter 30 of the Civil Code):
▪ retail purchase and sale;
▪ delivery;
▪ supply of goods for government needs;
▪ contracting;
▪ energy supply;
▪ sale of real estate;
▪ sale of the enterprise.
Some of the above types of contracts have varieties.
Characteristics of the contract of sale: consensual, compensatory, mutual.
The contract of sale is included in the group of obligations for the transfer of property into ownership (in addition to it, this group includes three more contracts: exchange, donation, rent). This is the most common type of contract in civil circulation. It is widely used both domestically and in international trade.
Significance of the contract of sale lies in the fact that it simultaneously generates both a relative legal relationship (mandatory) and an absolute (real right).
The seller is obliged transfer to the buyer:
▪ goods of appropriate quality (Article 469 of the Civil Code), in appropriate quantity (Article 465, 466 of the Civil Code), assortment (Article 467 of the Civil Code), completeness (Article 478, 480 of the Civil Code) and set (Article 479 of the Civil Code). The condition regarding the quantity of goods is essential; the moment of transfer of goods is the moment of its delivery, or provision for disposal, or transfer of it to the carrier (Article 458 of the Civil Code);
▪ goods in containers or packaging (Articles 481, 482 of the Civil Code);
▪ accessories and documents related to the transferred goods (Article 464 of the Civil Code);
▪ goods free from the rights of third parties to it (Article 460 of the Civil Code). If a third party, who has the right of ownership of the goods sold to the buyer, exercises his right to alienate it from the latter (such a right is called eviction), the seller is obliged to compensate the buyer for the cost of the goods taken from him (clause 1 of Article 461 of the Civil Code).
In addition, the contract of sale may provide for the obligation of the seller to insure the goods he sells.
The seller has the right demand from the buyer:
▪ payment for the goods transferred to him;
▪ return of sold goods in case of non-payment, provided that the goods are transferred to the buyer on the terms of retaining the seller’s ownership of it until payment (Article 491 of the Civil Code).
The buyer must:
▪ pay for the purchased goods either in full or in parts, or directly upon transfer, or before or after its transfer;
▪ notify the seller of his improper performance of the contract (Article 483 of the Civil Code);
▪ insure the purchased goods, if this obligation is provided for in the contract.
Buyer's right - demand from the seller to transfer to him the goods purchased by him, corresponding to the terms of the contract, within the appropriate period.
>> Forward: Elements of a sales contract
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