The notion of the agreement of the purchase and sale According to art
The notion of the
agreement of the purchase and sale According to art.
The notion of the agreement of the
purchase and sale According to art. 1 of Art. 454 of the Civil code to be spoken that according to the agreement of the
purchase –sale a part (seller) promises to delay the object ( goods) in
property in the other part (purchaser), but the purchaser promises to accept
these goods and to pay it the defined amount of maney (price). In this
definition of the agreement of the purchase of sale formulation, centuries
applied to civil law are reproduced. The agreement of the purchase –sale is run
for the passage (transfer) of the right of property to the object the agreement
of the purchase – sale is consensual, since they believe as the prisoner from
the instant of the acquisition by the parts of agreement under its prerequisites,
but the instant of the entrance of agreement prerequisites, but the instant of
the entrance of agreement does not contract the transmission of the goods to
the purchaser.
Properly
the transmission of the goods to the purchaser represents the execution of
agreement prisoners and come into force of the purchase- sale of the side of
the seller. Of agreement kept and come into force of the purchase- sale on
the side of the sellor. That is why in
cases where the instant of the intrance
of agreement coincides thith the real transmission of the goods it is possible
to speak about the special order of the
conclusion of the agreement of the purchase- sale and that it is carried
out at the time of conclusion bat not in the real character of agreement/ For example, the
purchase- sale of detail shop window in the place of sale ( on bars, in faces
and etc.) the goods, their demonstration is model on the conferment of
information of the goods sold in the place of
their sale will confess public gives; the agreement of the purchase-
sale of detail, according to the complete rule, is considered to be the
prisoner from the instant of distribution to the purchase – sale of
detail, according to the complete rule, is considered to be the
prisoner from the instant of distribution
to the purchaser of case or of
goods the cheque or another document,
the goods confirming the payment ( art. 493, art. 2 of art. 494 Civil codes).
Sources:
1. The Civil Code of the Federation
Russian (articles 454-491).