Sales contract - recognized as one of the oldest types of contractual relations that arose about 4000 years ago. This fact is not surprising, because relations built on the acquisition of goods exist almost as much as a reasonable person. The essence of such an agreement is obvious - the transfer of property from one owner to another for a fee.
Clause 1 of Article 454 of the Civil Code defines the main points of the contract of sale. It says that the first party to such an agreement assumes the obligation to provide the other party with some goods, and the second party undertakes to accept and pay for it. Thus, the Civil Code legally enshrined the essence of the sale process, that is, transfer of property (property law) on a reimbursable basis to another owner.
From the moment when the two parties reached an agreement on its terms, the contract of sale is recognized as having entered into force, and it closes at the moment when the goods are transferred to the buyer. However, there are often cases when these two events coincide. We are talking, for example, in retail trade, where the concept of a contract of sale also exists, though its form is very peculiar: it is believed that the moment when the goods are exhibited at points of sale (on a display case or counter) or when the seller demonstrates the quality of the goods, is a public offer. And at the moment when the check is issued to the buyer (as an alternative - another document confirming payment), the contract is considered concluded.
For fulfillment of its obligations under the contract, the seller always receives a reward, and therefore the contract of sale is onerous. It is also bilateral, as each party bears certain obligations in favor of the other party until the performance of which it is recognized as the debtor of the other party. The obligations of both parties are equivalent and substantial: the seller bears the obligation to transfer the goods, and the buyer must pay for it. This relationship between the seller and the buyer allows us to call this contract synagogmatic (from the Greek "relationship"). This means that the buyer always has a counter obligation to pay for the purchased goods under such an agreement (except for advance agreements only). As stated in paragraph 1 of Art. 328 GK, the buyer must fulfill its payment obligations only after the seller fulfills his. And if the seller did not provide the goods, then the buyer is not obligated to make payment. Accordingly, in the case of prepayment, a counter obligation is imposed on the seller - he has the right to transfer the goods only after payment has been made.
If the seller and the buyer cannot be endowed with counter obligations, the contract imposes additional rights on them. For example: an installment contract of sale assumes that from the moment the goods are transferred to the buyer until the final settlement, the subject of the transaction is pledged to the seller as security for the buyer to pay.
If the buyer does not make payment within the prescribed period, the seller has the right to demand not only payment for the goods (or its return), but also repayment of interest on the stitched amount. If it is a question of payment in advance, and the seller does not fulfill his obligations, the buyer has the right to demand either a refund of the money paid, or the transfer to him of the goods paid. And the seller will also be required to pay interest for the delay period.
Any property sold through such an agreement may be any property, including real estate. However, the sale of certain groups of goods can be regulated not only by the Civil Code, but also by other regulatory acts.
Regardless of which product is sold, the contract of sale includes several basic conditions: information about the product, the procedure and timing for its transfer, as well as information about the amount and payment procedure.