Each agreement specifies certain conditions that the parties agree with each other. In this case, the essential conditions of the contract of sale are distinguished, as well as ordinary and random. The first type is of utmost importance. If at least one of such conditions is absent in the agreement, the agreement will be declared invalid. Consider what should be indicated in the contract.
List of prerequisites
Transactions with property on the basis of the contract in writing are provided by hl. 30 Civil Code. In order to be recognized as valid, the essential conditions in the contract of sale must be prescribed. Their essence is indicated in article 432 of the Civil Code. They are divided into 3 types:
- The subject of the transfer with the main characteristics thanks to which the product can be identified.
- Mandatory information established by law, for example, the value of the agreement.
- Sections that stand out as essential conditions by one party.
Participants must agree on all arrangements that will be indicated in a future document. For example, the essential terms of a contract of sale are the value of the property. It can be paid in full or in installments. These points are required.
Participants can be legal entities and individuals, government agencies or municipal enterprises. In this case, the essential conditions may vary in each case.
Parties
As the seller and the buyer are any persons who are participants in civil turnover. These are individuals and legal entities, the state, state institutions and municipalities.
General requirements are imposed on individuals, including legal capacity and coming of age. In adolescence, small deals can be made. In some cases, for transactions it is necessary to register as an individual entrepreneur.
Legal entities have the right to freely conclude these agreements, speaking both on the part of the seller and the buyer. The restriction applies if they own property on the basis of other property rights, for example, operational management.
The state and municipalities are also limited in participation in such transactions. For example, they are not entitled to conclude contracts for retail sale, contracting, supply and energy supply.
Purchase and sale of an apartment
It is residential real estate that is most often the subject of written agreements. It should be understood that the signing of the contract does not give the buyer full rights to the premises. To enter into legal rights, you must go through the registration process in Rosreestr.
The essential terms of the contract of sale of real estate include the following:
- Data on the subject - its location, floor, square meters, rooms and so on.
- Information about the parties to the agreement - F. I. O., passport data, SNILS. If the company acts as one party, then in addition it is necessary to specify the legal address, registration information.
- The list of citizens who have the right to use after the conclusion of the contract.
- Price.
If at least one essential condition is not provided for in the contract of sale of the goods, the document shall be declared invalid. It should also include some additional information:
- The period and procedure for transferring property to the buyer and money to the seller.
- Responsibility for violation of the provisions of the agreement.
- Grounds for its termination.
- Force majeure circumstances.
If the listed data are not indicated, then this will not serve as a reason for declaring the agreement invalid. The presence of such conditions will avoid the occurrence of various conflict situations.
Purchase and sale of a car
After signing the contract for the purchase of a car, it should be registered, as in the case of the purchase of an apartment. But the procedure with the vehicle is carried out in the traffic police department. This must be completed within ten days after signing the relevant agreement. These transactions are regulated on the basis of the Civil Code of the Russian Federation and the rules for re-registration of cars.
The essential terms of the contract of sale of transport must include the following information:
- The main characteristics of a car (its brand, release date, model, color, engine, body and chassis number, VIN code, etc.).
- Details from the vehicle passport (place and date of receipt, number).
- Registration numbers, if any.
- Cost.
- Information about the parties to the agreement (full name and company name, address, passport details of the individual or registration information of the organization).
Also in it you need to specify the following items:
- The procedure for transferring a car to a new owner.
- Type and period of payment (cash or bank transfer).
- List of items transferred with the vehicle.
It is necessary to carefully consider and negotiate the essential terms of the contract of sale so that they meet the interests of the buyer and seller.
Transaction with goods
Sometimes the purchase of goods is accompanied by the conclusion of a written contract. This may apply to household appliances, furniture, telephone, equipment and so on. In this case, they are guided not only by the provisions of the Civil Code, but also by the Law of the Russian Federation No. 2300-1. The deal is allowed not to be fixed in writing. The buyer and seller can agree and verbally.
In this case, the following concepts and essential terms of the contract of sale are highlighted:
- Data on the subject of trade. This name, color, number of units, parameters, model and other descriptive characteristics.
- Seller price.
- Duration of the contract (when paying on credit or by installments).
Additionally, the agreement may provide for other conditions, for example:
- Appropriate quality. The product must have the description indicated in the contract.
- Warranty period. In the event of a breakdown or identified deficiencies of the goods, it is possible to return them legally within a specified period.
- Packaging. This condition allows you to save the item in a holistic way.
- Completeness, if, in addition to the main object, the transfer of various components, instructions, accessories is provided.
All essential conditions of the contract of sale must be fulfilled. The Civil Code of the Russian Federation provides for both a number of mandatory conditions and those that are not always recognized as such. If they are indicated in the contract, then they must also be executed.
Price
It can be fixed (established by state structures, is unchangeable) or regulated (when there are only limit levels and tariffs). Currently, payment prior to receipt of goods (preliminary) has become very popular, which is regulated by the provisions of Art. 487 Civil Code. Payment is also made on credit (according to Article 488 of the Civil Code) and by installments (the rules are provided for in Article 489 of the Civil Code).
Quantity and quality
The quantity of goods is provided in certain units of measure or money. It can be expressed in weight (kilograms, tons, and so on), area (sq. M), piece, etc. In accordance with paragraph 2 of Art. 465, if the contract does not specify the quantity, then it is considered to be non-concluded. In addition, for violation of the terms of quantity, liability is provided. The buyer has the right to demand the necessary quantity of goods if the seller has transferred it to a lesser extent.
Quality also does not apply to the essential terms of the retail sale contract (as well as the wholesale one), but it is often provided for in the contract. Based on paragraph 1 of Art. 469 GK seller is obliged to transfer goods of normal quality. In accordance with paragraph 3 of the same article, if the sale is carried out according to the model, then the goods must comply with it. If this clause was not specified at all, then under general conditions the product should be suitable for the intended purpose.
Range
The goods are transferred in the assortment, which corresponds to the type, model, parameters and other characteristics. If this is not determined by the contract, but it follows from it that the goods come in assortment, then the seller can transfer them based on the needs of the buyer.
In case of violation of the conditions, the buyer has the right to refuse to accept and pay for the goods. He may also request a refund of the appropriate amount. However, the conditions will be deemed accepted if the buyer does not inform the seller of the refusal.
Completeness and kit
The contract may provide for a condition of completeness. This is a set of constituent parts that together form a single product and are used as intended. This is usually used in relation to sophisticated equipment and technology. In accordance with Art. 479 CC, the goods are transferred in completeness, determined by normal requirements.
A kit is a set of different parts and parts. If the contract indicates the obligation to transfer the kit, then it is considered fulfilled after all the goods included in the corresponding list have been transferred. As a rule, transmission is carried out simultaneously.
Packaging
According to Art. 481 CC, the seller transfers the goods in packaging. It does not depend on whether this condition is in the contract or not. But there are times when packaging is not required.
Some products are placed in containers. Packaging is a more general concept. Tara is also included in it. It is a combination of means that protect the goods from the external environment, losses and damage.
The seller and the buyer can agree on which packaging should be used. In the absence of approval, the goods are packed in the usual way, which should ensure the safety of the object of the contract.
Conclusion
The essential conditions of the contract of sale are the subject matter, the required information, as well as the sections that at least one of the parties considers necessary. In relation to other conditions, the parties are guided by the principles of business turnover or their wishes.
