The contract of sale between individuals in Spain, is established in accordance with the provisions of post 1445 of the Civil Code. Defines that it is a contract in which there are reciprocal obligations for the two contracting parties. In this type of contract, the seller is obliged to deliver a certain thing, while for his part, the seller is obliged to pay a certain price, either in cash, or with a sign representing him.
Characteristics of the sale contract
Throughout history, the the sale has been one of the most important contractual figures, due to the fact that being a legal tool used to carry out the trade of goods, it has an enormous relevance in the socioeconomic order. It must be said that the regulation of the sales contract in the Civil Code is broad and deficient in technical terms. Due to the time when the Civil Code was written, many of the most important issues stipulated in this code are treated as something of the past or that already happened and with an obsolete character.
Some characteristics of a sales contract between individuals include:
- It is an autonomous document since it does not depend on other contracts
- At the same time, it is mandatory since it stipulates reciprocal obligations: on the one hand, the seller has to market the property or property, while on the other hand, the buyer has to pay the agreed price.
- This sale and purchase contract is also a consideration, in other words, the enrichment or patrimonial exchange between those involved occurs as a result of the established obligations.
- Not only that, it is also a consensual contract, so it is necessary that both parties agree.
- The sale contract is also characterized by having a free form, which means that it can be done either in writing or orally, except when it comes to the sale of a property, in which case the contract must be in writing. .
- The sales contract is also commutative, so there is an obligation to pay the buyer's price, as well as the obligation to deliver the seller's thing, two aspects that are essentially equivalent. This aspect is essential because it is necessary to differentiate from creditors those simulated sales that are used to hide donations in fraud.
What are the items of a sales contract between individuals?
The content of a sales contract between individuals has a legal and jurisprudential content, since its contractual figure is included within the category of contracts defined as typical or nominated. From this dynamic, the feasible object is specified, at the same time specifying the characteristics of the price and also regulating all those obligations that arise for those involved.
It is essential to explain that said regulation in general is a compilation of norms that provide a fiscal character and that they are also susceptible to omission in view of the principle of autonomy of the will, which in several cases constitutes items that are presupposed, despite the fact that those involved do not mention them, that can be eliminated or modified at the will of the parties.
In other cases, mandatory rules are established that cannot be eliminated or changed at the will of those involved. Despite this, they are a minority in the figure of the contract, as in private law.
Subjects
These are the holders who have reciprocal rights and obligations. In the case of the sales contract, the subjects are considered the buyer and the debtor. It should be mentioned that in no case should the names of the subjects be omitted in the sale contract.
The object
in a contract of sale the object is simply things or goods that are going to be transferred through an economic operation. These objects can be material or incorporeal.
- Corporal or incorporeal. In other words, it should be indifferent if the contract is for a specific tangible asset or if, on the contrary, it is an intangible right.
- Present or future. In this case, because it is a current asset or not, the contract may have a future asset as its object.
Transfer of ownership
At the same time being one of the main items of a contract, It is also one of the main obligations provided for therein. Therefore, the purchase agreement must state the date on which the transfer of the property or property will take place. In addition, each and every one of the accessory obligations must be remitted from this dynamic.
The price
This element in the The sales contract is also one of the most important obligations., so the amount must be mandatory in the contract. The price to pay also has to be true and determinable. It must consist of money or a sign that represents it. If this fundamental element is not reached, then the benefits of those who participate in the delivery of a certain thing would be an exchange.
It is essential to explain that in fact it is not essential to specify the amount of money at the time of formalizing the contract, as long as the quantitative determination is left to the free will of one of the parties. On the other hand, if the determination of the amount to be paid is the decision of a third person and is not specified at the time of making the determination, then the contract will not be valid.
At this point it must be said that the third person will act in accordance with equityHowever, your decision may be challenged if you have not applied this principle. Something similar happens if that third party has not followed the indications established by both parties in the contract.
How is a contract of sale between individuals made?
The objective of entering into a contract of sale between individuals. It has to do with the fact that all the items of a contract of this type must necessarily be registered, in other words, the subjects, the object, the price and the obligations.
When starting with the drafting of a sales contractIt all starts with the title of the document and then the identification of each of the parties. It is necessary to specify the name, the identity document, as well as the address of the buyer and the seller.
Next, we proceed to describe in as much detail as possible the good or thing to be transferred. In the case of a property, the load will then be greater since it will be necessary to specify all the services such as electricity, water, sewerage, among others, as well as specify the conditions in which the property is at this time. property.
After the above, all the obligations of the contract must be described, including, the transfer of the good and the payment of the price of the good. With regard to the transfer of property, the contract must clearly determine the date on which the property will be delivered. As to payment of the price of the good, It is necessary to specify the amount of the price of the good, as well as the form of payment.
In summary, the contract must be signed by those involved and, where appropriate, raised to a public deed.
What does the termination of a sales contract mean?
It is a concept that is presented just after any cause for resolution is presented. Unlike what arises with nullity, the Civil Code does not regulate specific causes that have to do with the resolution of a contract.
The action of the resolution It is the responsibility of the creditor and therefore, the most common reason for termination of a contract is the breach of any of the obligations derived from the contract itself. In the event that the contract of sale is not carried out due to non-payment, the creditor will have the full right to claim compensation based on the provisions of the Civil Code.
In addition, there is the opportunity that another cause for termination may arise when the sale is made by sampling. In this case, the creditor will also have the right to terminate said contract when it is determined that the quality of the good differs from that offered in the sample.
Final thoughts
Although it is true that we have detailed the way in which a contract of sale between individuals, the items to be included and the obligations of each party involved, this does not mean that an attorney should be dispensed with. The most advisable thing is to go to an expert lawyer in sales contracts to resolve any doubts and advise you not only on their drafting, but also on other legal aspects.
(Attached file) Example of a sales contract in Word
