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Civil law. Part II. Concept, characteristics, elements of a real estate sale agreement (the most important)

Lecture notes, cheat sheets

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17. CONCEPT, CHARACTERISTICS, ELEMENTS OF A REAL ESTATE SALES AGREEMENT

On real estate sale agreement the seller undertakes to transfer real estate to the ownership of the buyer, and the buyer undertakes to accept this property under the deed of transfer and pay for it the amount of money determined by the parties.

The definition of a contract for the sale of real estate differs from the general definition of a contract of sale only by the subject of the contract and the way it is transferred from the owner to the buyer.

This agreement was first singled out as an independent one in the current Civil Code of the Russian Federation due to the significant value of the subject of the agreement and is regulated only by the norms of the Civil Code of the Russian Federation and other codes.

Characteristics of the contract: consensual, compensatory, mutual.

The subject agreement is real estate - property, the movement of which is impossible without causing damage to its purpose. Such property is legally irreplaceable.

Real estate includes (clause 1 of article 130 of the Civil Code):

▪ land plots;

▪ objects inextricably linked to the land (structures, buildings, unfinished construction sites, subsoil areas);

▪ vessels (aircraft, watercraft) subject to state registration.

▪ space objects.

Other property may also be classified as immovable by law.

may not be subject to this agreement. some types of land (eg, land provided for agriculture, land plots in temporary use, land of recreational and historical and cultural significance, etc.).

Real estate price is an essential condition of the contract. The price of real estate located on the land includes the price of the latter. If there is no condition in the contract agreed by the parties in writing on the price of real estate, the contract for its sale is considered not concluded. At the same time, the rules for determining the price provided for in paragraph 3 of Art. 424 of the Civil Code, do not apply.

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