Contract law. Contract for the supply of goods (the most important)

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Contract law. Contract for the supply of goods (the most important)

Lecture notes, cheat sheets

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25. AGREEMENT FOR THE SUPPLY OF GOODS

Delivery contract - an agreement under which the supplier-entrepreneur undertakes to transfer goods to the buyer within a specified period for use in economic purposes.

This agreement is:

1) consensual - the law does not consider the transfer of goods a prerequisite for concluding a contract, therefore the contract is considered concluded from the moment when the parties have reached an agreement on all essential conditions;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations of both parties to the supply contract.

The main feature of the supply contract - in the special nature of the use of the product that is its object. The delimitation of the supply from similar civil law contracts is carried out using formally defined criteria fixed in the legal definition of the contract: subject composition and subject matter.

Subject composition

Provider - only an entrepreneur (a commercial legal entity; a non-commercial legal entity carrying out entrepreneurial activities in order to achieve its statutory goals; an individual entrepreneur; contractual associations of legal entities).

Buyer

▪ only an entrepreneur or, in some cases, the state, which is not directly stated in the law, but follows from the nature of the goods transferred and the purpose of the transfer.

Delivery object - a commodity understood in a broad sense as a material object, a product of labor that has consumer value and is manufactured for sale on the market. The object of delivery can only be goods suitable for use in entrepreneurial activities.

Contract form:

1) written;

2) oral.

Essential condition of the supply contract - the term of performance is established by the contract.

Rights and obligations of the supplier - the main obligation for the supplier is the obligation to transfer the goods to the buyer, which includes a number of requirements and involves the transfer of goods:

1) by shipping them to the buyer or by placing the goods at the disposal of the buyer at the location of the supplier;

2) together with accessories and documents relating to the goods;

3) in a certain amount;

4) in the agreed assortment;

5) appropriate completeness and in a set, if any;

6) established quality;

7) free from the rights of third parties.

Rights and obligations of the buyer:

1) the obligation of the buyer to accept the goods;

2) the obligation to pay for the goods;

3) notify the seller of the improper performance of the contract.

Author: Rezepova V.E.

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