contract of sale - is recognized as one of the most ancient forms of contractual relations, which arose about 4,000 years ago.This fact is not surprising, because a relationship built on the acquisition of goods, there is almost as much as a man of understanding.The essence of this agreement is obvious - the transfer of property from one owner to another for a fee.
paragraph 1 of Article 454 of the Civil Code defines the main points of the contract of sale.It is said that the first party of the contract undertakes to provide the other party of a product, and the other party agrees to accept and pay.Thus the Civil Code are legally secured the sale process, ie transfer of property (real right) on a reimbursable basis to another owner.
From the moment when its two sides reached an agreement on its terms, the contract of sale is recognized in force, and closing it is the moment when the goods are transferred to the buyer.However, often there are cases when these two events coincide.It is, for example, retail trade, where there is also a concept of the contract of sale, however, the form of his very peculiar: it is believed that the moment when the goods exhibited at points of sale (in the window or counter) or when the dealer shows the quality of the goods,a public offer.And when the customer is issued a check (as an alternative - other proof of payment), the contract is concluded.
for the implementation of its obligations under the contract, the seller always receives a reward, but because the sales contract is compensated.He is also a two-way, becauseeach party shall bear certain obligations to the other side before the execution of which it is recognized by the debtor on the other hand.Obligations of both parties and substantially equivalent: the seller is liable for the transfer of goods, and the buyer is obliged to pay for it.The relationship between the seller and the buyer allows us to call this treaty synallagmatic (from the Greek word "relationship").This means that the purchaser of such a treaty is always a counter-obligation to pay for purchased goods (except for contracts only with an advance).As stated in paragraph 1 of article.328 of the Civil Code the buyer will have to fulfill their obligations relating to the payment only after the seller has fulfilled his.But if the seller has not provided a product that the buyer is not obliged to pay.Accordingly, in the case of pre-paid counter the obligation imposed on the seller - he has a right to transfer the goods only after making the payment.
If the seller and the buyer can not be endowed with counter obligations, the contract imposed on them additional rights.For example: a contract of sale on the installment plan assumes that from the moment when the goods are transferred to the buyer, subject to the final settlement of the transaction is pledged as collateral from the seller by the buyer of its payment obligations.
If the buyer in due time does not make payment, the seller has the right to demand not only the introduction of payment (or return), but also the payment of interest on the amount stitched.If we are talking about the advance payment and is not fulfilling its obligations the seller, the buyer may request a refund of the money paid to him or the transfer of goods.And seller will also be obliged to pay interest for the period of delay.
goods sold through this agreement, can be any property, including real estate.However, the sale of some product groups can be controlled not only the HA and other regulations.
No matter what product is sold, the sales contract includes several basic conditions: product information, order and timing of the transfer, as well as information on the amount and manner of payment.
