Chapter 1 - General concept and characters of the sale contract 1
1.1. Sale contract notion 1
1.2. Legal regulation 3
1.3. Legal character of the sale contract 3
Chapter 2 - Conditions of validity of the sale contract 9
2.1. Consent 9
2.1.1. The promise of sale 10
2.1.2. The preference pact 16
2.1.3. The right of privileged buyers 17
Chapter 1 - General concept and characters of the sale contract
1 Sale contract notion
Sale purchase is the agreement by which one party – the seller – displaces the property of a good to the other party - the buyer - which in return is obliged to pay the seller the asset’s price.
Although through the contract of sale Civil Code refers to the transmission of property, will be labeled as a contract of sale any contract by which, in exchange of a price, is passed another right than property right, considering that the transmission of property is the essence. Thus it may be right-claims (e.g. assignment of receivables), a real right (e.g. right of superficies, right of easement, right of usufruct) or a right of intellectual property or by exception, a universality of rights that include not only rights but also debts (selling an inheritance).
Personal non-patrimonial and patrimonial rights which are purely personal (e.g. household real right - Article 571 Civil Code, the surviving spouse the right to live in a house, etc..) or are prescribed by law or are made (or created by unilateral acts ) intuitu personae (e.g. maintenance right, pension right) an not be subject of a sale contract.
In their attempt to ensure enforcement of contractual obligations or rapid and simplified compensations, in case of non-compliance, or even deny the possibility of agreement, the parties may stipulate in the contract accessory Conventions of deposit.
Civil Code regulates the deposit only in terms of the sale contract (Article 1297-1298 Civil Code) giving expression to the principle of contractual freedom of the...