The Legal Relationship in Purchase Contract

The Legal Relationship in Purchase Contract

In this article, an author will write about the legal relationship from the purchase contract.  Its focus on rights and obligations on parties.

The basics

A legal contract must be performed in accordance with the general rules on the proper performance of the contract. However, the contract of purchase contains specific provisions concerning.

The risk of the accidental death of the case

In the purchase relationship in this situation, the risk goes to the buyer at the time of entering into the contract. It happens even if the transfer of the case does not take place at the time of entering into the contract and the buyer has not yet become the owner of the case. Unlike the general principle – the owner of the risk.

Exceptions

However, there are relatively many exceptions to the provision of risk transition in the purchase relationship.
At first, there is an exception where the object is not individualized. Only when it is clear, the risk shall be borne by the seller.

Secondly, there is an exception when tenderable or other cases have been sold by number, measure or weight. The risk shall transfer to the buyer only after person counts them, measures, or weights.

Thirdly, when the purchase agreement is ready with a suspensory condition, the risk of the death of the case shall  transfer to the buyer only after the entry into force of this condition, but he shall bear the risk of damage from the time when the purchase contract was ready, although the outcome of the condition would not be clear.

Fourthly, when the seller determines the risk without setting the time limit, the risk shall transfer to the buyer only from the time of the referral.
Fifthly, when the death or damage attributes to the seller as well as when he or she misses the transfer, the risk must carry on him.

At last,  when the person purchases the case on the condition that they should examine it or examine it in advance, the seller shall bear all risks until the buyer declare that he is willing to accept it.

The maintenance obligation of the case

Storage of the case sold until transfer to the buyer. The seller shall have the case before the transfer with the greatest care and be responsible for the consequences of each recklessness. But if the buyer hesitates to receive the case, the seller is only responsible for malfeasance and gross negligence. If there has been no hesitation of the buyer, even some carelessness is to blame.

The time of transfer of ownership rights

The transfer of ownership rights depends on two factors: transfer and payment, so the transfer of ownership may have several options.

At first, the transfer of ownership requires both payment and transfer of the case.

Secondly, where the case is referred and the seller extends the period of payment from immediate payment to later. Then the ownership transfers at the time of the referral.

Thirdly, if, after the conclusion of the contract, the seller transfers the case to the buyer without any comment. Then the extension of the period shall be subject to the presentation, but the owner shall already transfer.

Fourthly,  the contracting parties agree on the following form of payment. The transfer of ownership by the time of the transfer of the case. But they shall return if the buyer fails to pay (relatively acquired ownership rights).

At last,  if the contracting parties enter into a contract for the purchase of immovable property. Then the contract shall itself bound by the contract. The ownership and the possibility to dispose of the property or otherwise deal with it shall be by the buyer only through the corroboration.

 

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