Contract for the purchase and sale: legal aspects

Abstract

The article is devoted to the particularities of the contract for the purchase and sale. The authors draw attention to a number of aspects of legal regulation that are insufficiently researched and definitely debatable, which are primarily related to the definition of the range of essential conditions of the contract for the purchase and sale. The authors also made an attempt to establish separate problems of legal regulation of the contract for the purchase and sale. The article analyzes the signs of the contract for the purchase and sale, reveals the content of this type of contracts, pays attention to the legal nature of the contract for the purchase and sale, examines the complex and multifaceted issues related to the subject of the contract for the purchase and sale in modern conditions of the development of civil law. The subject of the contract for the purchase and sale is recognized by law as an essential condition for all types of contracts. The subject matter can be any property that the seller has at the time of the conclusion of the contract, property rights and “future things” (ie, property that will be created by the seller in the future). Attention is drawn to the fact that the contract for the purchase and sale is consensual, bilateral (mutual), retaliatory by its legal characteristics. The authors draw attention to the types of the contract for the purchase and sale. Certain types of the contract for the purchase and sale include retail sales contract, goods supply contract, goods supply contract for state needs, contract for contracting agricultural products, energy supply contract, real estate sale contract, mine contract. The article also defines the peculiarity of the contract for the purchase and sale, which is that the specified contract is the main regulator of relations between producers and consumers, legal relations in the field of distribution and redistribution of material goods, ensuring the free and optimal development of all forms of ownership, entrepreneurship and trade. The norms of the Civil Code of Ukraine, which regulate the investigated issues, were analyzed.