contract of sale

Cards (21)

  • The contract of sale involves the transfer of the right of property or another right, in exchange for a price.
  • The sale contract is a contract in return for payment, a consensual contract, and generally has real effects, meaning the transfer of the right from seller to buyer is immediate.
  • The sale contract has real effects, meaning the transfer of the right from seller to buyer is generally immediate.
  • The sale contract is an exceptional case where ownership is transferred as soon as the goods come into existence.
  • The sale contract is an exceptional case where ownership is transferred when the goods are identified.
  • The sale contract is an exceptional case where ownership is transferred when the buyer chooses the good.
  • The sale contract is an exceptional case where ownership is transferred when the seller acquires the property from its owner.
  • The sale contract is an exceptional case where ownership is acquired when the last instalment is paid.
  • The sale contract obliges the buyer to pay the price, in the place and time agreed upon in the contract, and to pay the sale expenses.
  • The sale contract obliges the seller to transfer the right to the buyer (if the contract did not have real effects) and to deliver the goods to the buyer, at the time and place agreed upon in the contract.
  • The seller has the obligation to guarantee the ownership of the buyer on the goods.
  • The contract of sale is terminated if the buyer did not knew the seller was not the owner of the goods.
  • The contract of sale is terminated if the buyer is deprived of the ownership of the goods by thirds.
  • The sale contract guarantees hidden defects, which are not known or apparent to the buyer, and defects which render the goods unfit for their use or significantly reduce their value.
  • The sale contract provides remedies for defects, including termination of the contract, reduction of the price of the goods, and compensation of the damages, if the seller knew or should have known of the defects.
  • The sale contract guarantees qualities promised by the seller and qualities necessary for the usage of the goods.
  • The sale contract provides a guarantee action with time limits for the laps of the right, notice of the defects within 8 days from the time of discovery, and guarantee action within 1 year from the time of delivery of the goods.
  • The sale contract applies to sales between consumers and traders, where a consumer is any natural person who is acting for purposes which are not related to his trade, business, craft or profession, and a trader is a person acting for purposes related to his trade, business, craft or profession.
  • The sale contract requires that the goods conform to the sale contracts, and a lack of conformity occurs when the goods are unfit for their normal use or do not comply with the description given by the seller.
  • The sale contract allows the consumer to ask the seller to repair or replace the goods, and if the repairement or the replacement are not possible, the consumer can ask for the resolution of the contract or the reduction of the price.
  • The sale contract provides time limits for the laps of the right, notice of the defects within 2 months from the time of discovery, and guarantee action within 2 years from the time of delivery of the goods.