Conditions of Validity Sales Agreement Essay

5399 WordsSep 19, 201222 Pages
Contents Chapter 1 - General concept and characters of the sale contract 1 1.1. Sale contract notion 1 1.2. Legal regulation 3 1.3. Legal character of the sale contract 3 Chapter 2 - Conditions of validity of the sale contract 9 2.1. Consent 9 2.1.1. The promise of sale 10 2.1.2. The preference pact 16 2.1.3. The right of privileged buyers 17 Chapter 1 - General concept and characters of the sale contract 1 Sale contract notion Sale purchase is the agreement by which one party – the seller – displaces the property of a good to the other party - the buyer - which in return is obliged to pay the seller the asset’s price. Although through the contract of sale Civil Code refers to the transmission of property, will be labeled as a contract of sale any contract by which, in exchange of a price, is passed another right than property right, considering that the transmission of property is the essence. Thus it may be right-claims (e.g. assignment of receivables), a real right (e.g. right of superficies, right of easement, right of usufruct) or a right of intellectual property or by exception, a universality of rights that include not only rights but also debts (selling an inheritance). Personal non-patrimonial and patrimonial rights which are purely personal (e.g. household real right - Article 571 Civil Code, the surviving spouse the right to live in a house, etc..) or are prescribed by law or are made (or created by unilateral acts ) intuitu personae (e.g. maintenance right, pension right) an not be subject of a sale contract. In their attempt to ensure enforcement of contractual obligations or rapid and simplified compensations, in case of non-compliance, or even deny the possibility of agreement, the parties may stipulate in the contract accessory Conventions of deposit. Civil Code regulates the deposit only in terms of the sale

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