Sales contract - a contract between two persons, one of which (the seller) must transfer the goods, and the other (the buyer) to pay the corresponding amount. In the Civil Code of the Russian Federation is a particularly frequently used type of contract. Sales are carried out not only by organizations, but also by ordinary citizens. They conclude transactions both within our country and in trade with foreign countries. In the latter case, an international sale contract is concluded.
This type of contract is used in the process of transferring property rights and obligations. In addition to him, the number of such agreements include gift, rent, barter. The document under consideration is characterized by retribution, reciprocity and consensus. Types of sale:
- retail;
- supply;
- sale of the enterprise;
- contracting;
- delivery by state order;
- acquisition of real estate;
- power supply.
The subjects of the contract is the state, as well as individuals and legal entities. The subject of the contract of sale is property in circulation. It should be noted that when transferring a specific product, its quantity must be indicated.
The price is determined by the parties to the contract. For some types of goods (energy), it is established by the state. Of particular importance is such an element in the case of the sale of things on credit and in the transfer of real estate. If the contract does not indicate the price for a particular product, then the fee is equal to the cost of similar products.
The term is not the main requirement for the implementation of obligations. However, in some cases there are reservations. To begin with, it is worth determining what this concept is in civil matters. The term means the fulfillment of obligations at the time established by the calendar date, the expiration of a certain period, the moment of demand or the inevitable onset of special circumstances. This is a prerequisite of the contract of supply or sale on credit.
Some lawyers singled out an international sale contract. The peculiarity lies in the fact that trade occurs between parties from different countries - the exporter and importer.
Retail Sales Agreement
Such an agreement is a document according to which the seller participating in the commercial process for the purpose of selling products must transfer to the buyer the goods necessary for personal needs not related to the business. Retail refers to the types of sale, is public, consensual, mutual, onerous.
The regulatory legal acts regulating such legal relations are aimed at guaranteeing the buyer's interest. These documents include the Civil Code of the Russian Federation and a number of other decisions.
The important law “On the Protection of Consumer Rights” also regulates this contract. In this Federal Law, not only the norms of the Civil Code are presented and specified, but also new provisions. They can be applied in practice, if they do not contradict the Civil Code of the Russian Federation. The products regulated by the decrees of the Government of the Russian Federation include: food and non-food products, fur and precious products, custom-made items, alcohol.
The parties to the contract are the seller and the buyer. Only entrepreneurs or organizations can be participants in such a transaction as a trader. The main difference from other types of sale is the condition under which the buyer is an individual who purchases products for use solely for domestic, personal, family purposes.
Delivery contract
This is an agreement between persons under which one of them (the supplier) agrees to provide the other (buyer) within the established time period with goods purchased for the purpose of entrepreneurial or other activities not related to personal needs. A similar document is a type of wholesale trade. The contract is characterized by the following criteria: consensuality, retribution, reciprocity, obligatoriness for the supplier. The legal framework for this type of sale consists of the Civil Code of the Russian Federation and other provisions.
The subject is any property that is in civil circulation, both existing at the time of the transaction and ready in the future. A strictly set price is not the main condition of the contract, unlike the term. Typically, parties designate a calendar date or time period in which delivery will be made. It is impossible to deliver products before the deadline.
The contract must be set out on paper. An exception is an agreement drawn up between individual entrepreneurs for an amount not exceeding 10 times the minimum wage.
Supply for state or municipal needs
The acquisition of products necessary for the state, in particular for the defense and defense of the country, takes place under such an agreement. These legal relations are regulated by articles of the Civil Code of the Russian Federation on the supply of such and its presented variety. Special laws are also relevant, for example, “On the supply of products for federal state needs”.
The term for the implementation of this agreement is limited and is either 30 or 20 days. Prices for products are market, funds for it are taken from the federal budget or other sources. The parties to the relationship are the supplier (entrepreneur), the customer (state) and the buyer. An agreement is concluded only in writing. The subject is goods produced in Russia, and their purchase is determined by the content of government programs.
Contracting
An agreement of this type is a transaction between a producer of agricultural goods and a procurer. The seller must provide the products to the contractor in exchange for payment. It is governed by the rules of contracting, supply, purchase and sale.
A similar contract is one of the types of sales contracts. Subjects - seller and contractor. The producer is a legal entity, the procurer is a state body or private enterprise. Subjects of the contract are unprocessed and finished products, raw materials. Price and term are important terms of the contract. The conclusion of the transaction takes place in writing.
Types of sale: energy supply
An energy supply agreement is an agreement between two parties, as a result of which one of them (the organization) must provide energy through a special network to the other (to the subscriber-consumer), which undertakes to pay for it. Such a document is consensual, public, reciprocal and onerous.
The subjects of the contract are the buyer (energy consumer) and seller (energy supplying organization). The price is set by the state. The form of the contract depends on the buyer. An individual concludes a deal on a case-by-case basis, a legal entity - in writing. The subject is energy: steam, hot water, electric current.
Property For Sale
According to this agreement, the seller undertakes to provide the property in ownership under the deed of transfer, for which he receives a predetermined amount. These criteria determine the main types of real estate purchase and sale transactions.
The object of this agreement is property, the change of position of which will destroy its integrity. The following real estate cannot be subject: land provided for agricultural work, land for temporary use. The price of real estate is a key point in the transaction. If the contract does not indicate the value, then it is invalid.
Sale of the enterprise
In accordance with the type of contract of sale under consideration, the acquisition of the ownership of the enterprise is relied on. The exception is rights and obligations that cannot be transferred upon purchase.
Under the company refers to the combination of various kinds of material elements sold for commercial purposes. This system includes all the things necessary for functioning: inventory, buildings, land participants, etc.
The main parties to the contract are entrepreneurs. His subject is an enterprise consisting of various material elements (premises, buildings). The cost is determined by the result of the inventory. The company passes into the hands of the new owner according to the transfer deed.
A sales contract is the most common type of contract in civil circulation. It is divided into types that create various legal relationships. The specifics of this contract, the features of certain types of sale must be known not only to a lawyer or an entrepreneur, but also to an ordinary citizen.