Back to Search Start Over

PJESËT PËRBËRËSE TË KONTRATËS SË SHITJES.

Authors :
Dauti, Nurten Kala
Nikolovska, Suzana Stosevska
Source :
Knowledge: International Journal; 2020, Vol. 41 Issue 5, p1051-1055, 5p
Publication Year :
2020

Abstract

The contract as an institute of civil law which is taught in the law of obligations, is created with the consent of the wills of its subjects. The sales contract is the most common contract because most of the exchange of goods is done (made) with this contract.The contract of sale arises on the basis of the free declaration of the will of the contracting parties, a will that leads to the creation, modification and termination of rights and obligations. In order for the contract of sale to be realized, the contracting parties must enjoy the ability to act, as well as express their will either as a seller or a buyer, and the item and its price must be determined. The items to which the sales contract is related can only be items that are in circulation. With exception, items that have limited legal circulation may also be subject. But special rules apply to them. The object of the sales contract can be movable and immovable items, consumable items, non-consumable items, etc. In addition to items as the subject of the contract of sale may also be property rights. The price of the item is an essential element, as it is the amount of money the buyer pays the seller for the item. The sale price is determined by the contracting parties, the parties can agree that the price corresponds to the real value of the item, also be determined in money, because otherwise it may be another contract.So the contract of sale is a consensual and rewarding contract. With the conclusion of the contract of sale, legal relations of obligations are created, for each contracting party.What is right for the seller is an obligation for the buyer and vice versa.A very important element is the time and place of delivery of the item. It is assumed that the seller has delivered the item with his delivery at the time and place specified in the contract, when the buyer gives the item or the document with which he can receive the item. The costs of the contract of sale are borne by the buyer, except in cases where the parties at the time of entering into the contract have agreed otherwise.The parties may provide in the contract that it be resolved when a certain obligation can not be fulfilled under the conditions provided. In this case the contract is terminated when the interested party declares to the other party that he will use the condition of termination of the contract. In the event of termination of the contract, the seller must return the price and pay the buyer the costs and payments made legally. The buyer must return the item, if it has not been lost or destroyed as a result of his vices. In addition, the legislator for the creation of the seller and the buyer, in cases of dispute has also guaranteed me a lawsuit, before the competent elections. When bringing the judgment, the opponent is obliged to take the circumstances that precede it and do it with the constants of sale and purchase. [ABSTRACT FROM AUTHOR]

Details

Language :
Albanian
ISSN :
25454439
Volume :
41
Issue :
5
Database :
Complementary Index
Journal :
Knowledge: International Journal
Publication Type :
Academic Journal
Accession number :
146016263