In the article, we consider the signs of a contract of sale.
By this, it is customary to understand the agreement, according to which the seller has an obligation to transfer the goods to the buyer in ownership. In this case, the buyer agrees to accept this product and pay for it certain money.
The concept
This type of agreement is one of the most important in the civil circulation, and its legal regulation is not one thousand years old. They take their origin in classical Roman law. Legal systems developed over time, and in the process of this development a natural selection of the rules governing the sale and purchase took place: over time, people stopped using the rules that were unsuccessful in terms of practical application. They were replaced by better and more substantiated standards that have a high level of legal technology.
It is worth understanding the concept and the main features of the contract of sale, since at present such transactions are the most common in everyday life, since all material wealth can be expressed in commodity form.
Exchange form
In fact, the sale is a universal form of commodity-money exchange for any country, which has existed since ancient times. Over time, this form became more complicated, as new property rights and varieties of things appeared that also required the proper execution of the process of transferring them from one owner to another.
In Russia, the basis for regulating the processes of sale is the Civil Code. In addition, a large role is played by laws and by-laws (for example, the law “On the Protection of Consumer Rights”), presidential decrees, and acts of local authorities. Some of them are significant for the whole institution of sale. While others apply only to some of its species.
Not everyone knows what the signs of a contract of sale are.
Parties to the agreements
The main parties to the agreements governing the sale process are the seller and the buyer.
The main purpose of the buyer is to acquire the ownership of a certain thing, the seller is to transfer it and receive payment for it.
What does the concept, signs and parties of the contract of sale include? We will understand in detail.
Any participant in a civil turnover may act as a party to the contract:
- State (RF, constituent entities of the Russian Federation).
- Municipalities.
- Legal entities having any legal form.
- Citizens, persons registered as individual entrepreneurs.
Material terms of the agreements
The concept and signs of the contract of sale continue. The only general and indispensable condition for such an agreement is its subject. Parties involved in the transaction must indicate in the agreement the name of the thing, its characteristics, taking into account the specifics of the agreement.
If a separate type of transaction related to the sale is made, in addition to the subject of the transaction, the law obliges all its participants to indicate other essential conditions in the agreement. In the absence of which the transaction will be considered invalid.
Many are interested in what are the signs of a contract of sale of real estate. Such a document must necessarily contain information on the value of the property that is the subject of the agreement. The terms of the contract must be specified before the expiration of which the seller is obliged to transfer the goods to another participant in the transaction.
Consider the signs of a retail sale contract.
Subject of Agreement
The subject of contracts related to the sale can be:
- Currency values, securities (subject to specific rules of purchase and sale, which are established by civil law).
- Property rights that are the subject of intellectual property. However, this is only possible if it does not conflict with the very nature of such rights and the provisions of the law.
- Any things (material objects created by man, nature) that the seller has available, or those that he will create in the future or order. The only condition is compliance with turnover (items that are withdrawn from circulation must undergo a mandatory licensing procedure before purchase).
The subject of an agreement on sale cannot be:
- The results of intellectual activity.
- Intangible goods (since such goods individualize a person, that is, a specific carrier).
- Money (taking into account the very nature of this agreement).
What else is included in the concept and essential features of a contract of sale?
Mandatory clauses in the contract, particulars of filling
Regardless of what kind of agreement the contract has, there are universal clauses to be indicated in any document governing the sale. One of these items is the preamble (names of parties).
In the case when individuals enter into an agreement, their full name, information on identity documents, and place of registration of residence should be reflected in it.
In the case when the seller is another person, he should have a notarized power of attorney, which confirms the existence of certain powers. Otherwise, the representative does not have the right to enter into an agreement and represent the interests of the owner. The preamble of the document should reflect the details of the power of attorney used.
In cases where legal entities are parties to the agreement, their names should be indicated in the preamble, moreover, corresponding to the constituent documents (full, abbreviated), positions, full names of persons who represent legal entities and sign the agreement. In addition, a document must be indicated that gives the representative the right to act (power of attorney, order, charter).
The contract should also contain the following clauses:
- Subject of the agreement.
- Duties of the parties.
- Settlement Procedure.
- Responsibility of the parties.
- Final provisions.
- Details of the parties, signatures of the parties.
Only with proper execution and observance of the particulars of filling in the document does it gain legal force.
Signs of a contract of sale
The main ones are:
- Consensuality The agreement is considered to be concluded from the moment when the parties to the agreement reached consensus on all conditions.
- Retribution. A transaction for the transfer of goods is always associated with counter-satisfaction, which is the payment of the value of the goods.
- Also, the main feature of the contract of sale is reciprocity (synallagism). The document regulates the emergence of mutual rights and obligations.
Contract Forms
The form of the contract depends on what thing is the subject of the transaction, who is involved in it, how much the subject of the contract has.
Allocate oral and written forms of contracts.
The oral form may be applied in cases when the obligations and rights under the agreement are fulfilled directly at the moment when it is committed. Any retail purchase of goods is an oral agreement. This form allows you to significantly speed up the transaction. It is worth noting that cash and commodity checks are not a written contract, but represent a written confirmation of a completed purchase. In the case when a citizen transfers money to the cashier, thereby expressing his desire to purchase the goods, and the cashier, in turn, transfers the goods and the check to him, it is a matter of performing concrete actions to conclude an agreement on sale. In other words, the behavior of the parties indicates their intentions with respect to the goods.
Written (can be simple or notarial). This form of contract is mandatory in certain cases:
- Purchase and sale of immovable objects (land, houses, rooms, apartments, etc.).
- The conclusion of a contract between legal entities (regardless of what legal form they have), even in cases when the subject of the contract is movable property.
- Foreign trade transaction - a transaction in which foreign entities participate, whether legal or natural persons.
- The value of the transaction object exceeds 10 minimum wages, even in cases where the transaction is concluded by citizens.
The parties to the agreement may also agree on the need to confirm the transaction by a notary.
Types of contracts
A sales contract is a generic term in relation to certain types of contracts, the essence of which is the obligation of one person to transfer certain property to another person.
Some types of agreements related to the sale are the following agreements:
- Retail sale.
- Sales company.
- Real estate sales.
- Power supply.
- Contracting.
- Deliveries of goods for state needs.
- Deliveries of goods.
We examined the signs of a contract of sale. We hope the material will be useful to you.