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Civil law. Part II. Responsibility of the parties under the purchase and sale agreement (the most important)

Lecture notes, cheat sheets

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3. RESPONSIBILITY OF THE PARTIES UNDER THE AGREEMENT OF SALE

Responsibility of the parties under the contract of sale arises for the following reasons:

▪ accidental damage or destruction of the goods (responsibility lies with the buyer from the moment the goods are transferred to him by the seller - Article 459 of the Civil Code);

▪ eviction - seizure of goods from the buyer by a third party on grounds that arose before the execution of the sales contract (the seller is obliged to compensate the buyer for losses incurred by him - Article 461 of the Civil Code);

▪ failure by the seller of the goods to transfer to the buyer, within the time period specified by the buyer, accessories or documents related to the goods (the buyer must refuse the goods, unless otherwise provided by the contract - Article 464 of the Civil Code);

▪ transfer by the seller to the buyer of a smaller quantity of goods than determined by the contract (the buyer has the right to demand the missing quantity or refuse the goods transferred to him and his payment, and if the goods have been paid for, demand a return of the paid amount - Article 466 of the Civil Code);

▪ transfer by the seller of goods in an assortment that does not comply with the contract (the buyer has the right to refuse to accept and pay for them, and in case of successful payment, demand a refund of the amount paid - Article 468 of the Civil Code);

▪ transfer by the seller of goods of inadequate quality (the seller is obliged to proportionally reduce the purchase price, eliminate the defects of the goods free of charge within a reasonable time, or reimburse the buyer’s expenses for eliminating the defects of the goods - Article 475 of the Civil Code). Such liability also arises if the goods are transferred to the buyer in improper containers (Article 482 of the Civil Code);

▪ incompleteness of the goods transferred by the seller to the buyer (the seller is obliged to either proportionally reduce the price of the goods or complete it - Article 480 of the Civil Code);

▪ refusal of the seller to transfer the goods purchased from him to the buyer or transfer to him accessories and documents related to this product (the buyer has the right to refuse the contract - Articles 463, 464 of the Civil Code);

▪ failure by the obligated party to the purchase and sale agreement to insure the goods (the other party has the right to insure this product and demand reimbursement of its expenses from the obligated party - Article 499 of the Civil Code).

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