Art. 455 of the Civil Code of the Russian Federation discloses what is a product under a contract of sale of property. It carries general provisions that intersect with other paragraphs of the code and other laws. For example, regarding the rights and obligations of the parties, their responsibility, solving other issues.
Did the article change
The article under discussion is effective from 03/01/1996, together with other provisions of the second part of the Civil Code. Despite the introduction of abundant amendments to the law, Art. 455 has not been changed. The reason, apparently, is the abstractness of its provisions, which do not need to be clarified.
What is a product?
The goods are understood as objects of the material world or things included in the civil circulation. The possibility of their transfer is implied. In Art. 455 of the Civil Code makes reference to Art. 129 GK.
Things or intangible goods are transferred as a result of inheritance, conclusion of an agreement. The reorganization of the organization is provided as one of the grounds for the transfer of things or intangible goods.
Features of the transfer of rights to certain types of property
In Art. 455 of the Civil Code of the Russian Federation refers to the requirements for goods. The right of the state to limit or prohibit the transfer of certain types of property is provided. This includes drugs, radioactive materials and more. They are used in cases specified in the law, or are not used in principle, regardless of the circumstances.
The purchase of certain goods is allowed after obtaining a license or other types of permits.
A permit is a license, as is the case with weapons, or the right to drive vehicles. Anyone who meets the requirements of the law is entitled to acquire a weapon or the right to drive.
Features status. For example, foreigners are limited in acquiring ownership of agricultural land. For legal entities, among which the share of foreigners exceeds the established limit, similar restrictions apply.
Lack of citizenship is not the only reason for restrictions. Health status, age, being in the public service - may affect the right to purchase or the procedure for its implementation.
Thus, Art. 455 of the Civil Code of the Russian Federation explains what a product is and who has the right to purchase it.
Land and Intellectual Property
The Land Code prescribes the features of transactions with land plots. For example, tenders or competitions in which buyers participate.
A number of provisions contain a law on the circulation of agricultural land. They differ from the provisions in both the civil and land codes.
Intellectual property is not transferred, such as a house or a car - only a part of the rights that are sources of profit.
In Art. 455 of the Civil Code of the Russian Federation with comments, other options encountered in practice are also noted.
Available and future products
In paragraph 2 of Art. 455 of the Civil Code of the Russian Federation refers to goods available or created and acquired in the future. In business practice, the conclusion of agreements on the transfer of items that the seller will have in the future is common.
For example, an agreement to acquire communal resources (water, heat, electricity) is signed for the future. A similar thing happens with more familiar goods (furniture, tools, etc.).
The calculation is made on the receipt of goods by the seller and on their creation. For example, an order is made for furniture that goes to the store, or for direct manufacture.
The law imposed restrictions on trade in future things. For example, it is impossible to plan the purchase of a dwelling, which they promise to build by signing a contract of sale. The law provides for a special scheme for participation in shared construction, and it differs from installment sale.
If the contracting party is a distribution network or a store, the right of claim arises only if the goods are available.
Product Handling Issues
In h. 3 Article. 455 of the Civil Code of the Russian Federation the law obliges to agree on the name of the product and its quantity. Name - a designation, a term that is used for identification. At the same time, normative acts oblige to indicate the model, type, and other characteristics that provide comprehensive information about the product.
Most often, mandatory information is listed in by-laws, but sometimes directly and in law. For example, an exhaustive list of documents is provided for when concluding a housing transaction. We must not forget about the quantitative characteristics. The calculation is based on the number of copies, mass and volume of things. The form of calculation of the number depends on the characteristics of the transferred goods.
If the text of the contract does not contain information according to the requirements of the law, it is considered not concluded, and has no force either for its participants or for third parties. Thus, paragraph 3 of Art. 455 CC emphasizes the value of the subject of the contract as one of the essential conditions.
Additional Seller Responsibilities
Now consider the provisions of Art. 455. P. 3 - Article 465 of the Civil Code of the Russian Federation. By transferring the goods, the buyer is obliged to transfer a set of documents. Everyone knows that when they acquire a thing, they also receive documentation on its use. If a property is purchased, a package of technical documentation is attached to it. The list of binding documents may be provided for by normative acts and an agreement signed by the parties.
The transfer process can take the form of either an act of transfer or another document, depending on the scope.
Evasion from the transfer of additional things to the goods and documents gives the buyer the right to ask to correct the omission. If the request is denied or the other party refuses to answer, the right to terminate the agreement and return the goods arises. Exceptions may be provided by law.
Timing and time of transfer of goods
It is transmitted immediately or within the time period determined by the parties. If the deadline is not specified, then the goods are transferred on demand. From the moment of its presentation to the seller, 7 days are given for execution. If time is lost, the seller has the right to demand the receipt of goods only with the consent of the buyer. If not, the acceptance requirement is illegal.
The law provides for several transmission options:
- direct delivery to the buyer or to a person designated by him;
- placing the goods at the disposal of the buyer or a person designated by him.
The goods are ready for transfer if the buyer is informed of his location, and he is marked in accordance with regulatory enactments or the terms of the contract.
The obligation to transfer the goods is considered fulfilled if the goods are transferred to the carrier or postal service operator.
The rights of others to the goods and the liability of the parties
As a general rule, goods are transferred free of the rights of third parties. The buyer has the right to agree to the purchase of goods with encumbrances. The buyer has the right to demand termination of the contract or a reduction in the price of the goods if he becomes aware of the rights of third parties later. He cannot demand anything if he knew about the restrictions or should have known about them by concluding an agreement.
If, for reasons arising before the conclusion of the agreement, the buyer loses the goods as a result of a legal dispute, he has the right to demand compensation from the seller for losses. The condition of the agreement on the release of the seller from liability in this case is considered invalid. The right to compensation is not valid if the buyer knew or should have known about the probability of loss of goods due to claims of third parties.
The buyer who received the claim is required to inform the seller about it and bring him in as a third party. Without doing this, he loses the claim against the seller. If the seller was brought to court, but did not appear at the hearing, the law prohibits him from referring to the partner’s wrong actions in relations with the seller.
The consequences of evading the transfer of goods
The seller’s refusal to transfer the goods gives the buyer the right to withdraw from the agreement and demand a refund. Failure to transfer a particular thing gives the buyer the following rights:
- compensation for losses caused by the refusal;
- the right to demand the transfer of a thing, unless it has already been transferred under similar conditions to the same person.
If the thing is not transferred, the right of claim of the earliest creditor is considered priority. If the time of occurrence of obligations is not precisely determined, priority is given to the claims of the creditor who filed the lawsuit first.
It is easier to get a refund of money and goods, referring to Part 3 of Art. 455 of the Civil Code of the Russian Federation on the inconsistency of the subject of the contract.