Contract law. Barter agreement (most important)

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Contract law. Barter agreement (most important)

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31. CONTRACT OF MENA

barter agreement A contract is called a contract under which the parties mutually undertake to transfer ownership of goods to each other.

The exchange agreement is:

1) consensual;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction (other goods for the goods);

3) mutual - the existence of subjective rights and obligations of both parties to the exchange agreement.

An exchange agreement can be both consumer, civil in nature (between citizens, as well as non-profit organizations), and commercial (between entrepreneurs), depending on the purpose of the subject of the agreement.

Parties to the contract.

The parties to the exchange can only be persons who have the right of ownership or other real right to property:

1) citizens;

2) legal entities;

3) entrepreneurs;

4) commission agents.

The subject of the contract Any item that has not been withdrawn from circulation can be exchanged, and there is also the possibility of exchanging an item for property rights. Subjective civil obligations, as well as personal non-property benefits, cannot act as the subject of an exchange agreement.

Contract price

▪ the cost of each of the counter-provisions, if the value of the goods being exchanged is unequal, the transfer of a less valuable product must be accompanied by payment of the difference in prices (compensation), payment is made immediately before or after the transfer of the corresponding goods. It is not necessary to indicate the price of the exchange agreement in monetary units. The exchange of goods may not be accompanied by their monetary value.

Contract term - determined by the parties themselves.

The only essential condition barter agreements - a condition about the subject.

Contract form:

1) oral form (performed at the time of the commission, as well as transactions between citizens in the amount of less than 10 minimum wages);

2) written (all others).

The risk of accidental loss of goods passes to the buyer from the moment when the seller is considered to have fulfilled his obligation to transfer the goods to the buyer.

Rights and obligations of the parties.

The main obligation of the parties is to transfer the goods into the ownership of the counterparty:

1) the transfer of the exchanged goods must be carried out simultaneously, otherwise one of the parties is deprived of the right to own the thing (by transferring it to the other party), but retains the right of ownership;

2) the right of ownership arises simultaneously for both acquirers after the last transfer of goods has been made;

3) the obligation to transfer the goods free from the rights of third parties;

4) the obligation of the party to the agreement to inform the counterparty of the latter's violation of the terms of the exchange agreement.

Author: Rezepova V.E.

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