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DEFINITION OF CONTRACT SUBJECT

DEFINITION OF PURCHASE AGREEMENT
According to the civil code is the contract for sale whereby the seller agrees to transfer ownership of goods to the buyer, and this in turn, is obliged to pay the price in money.
The Civil Code provides for a comprehensive regulation of the sale contract, and make its provisions applicable to other institutions through analogy (exchange, transfer, etc.).. The Commercial Code regulates the commercial sale that also happens to be the act of trade par excellence.
According to that definition come the characters of this contract: BILATERAL


Because there are benefits to be met by each of the parties: the seller to transfer ownership of a thing and the buyer to receive and pay a certain sum of money. CONSENSUS

Since there must be consent of both parties to the contract and is perfected from the moment they appear. PAYMENT

Because the benefit is based on a certain sum of money (not free). SWITCHING

As the benefits payable by each of the parties are perfectly certain (presentation of the house paying the price).

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SUBJECT BUILDING IN CONTRACTING
The parties to a Purchase and Sale Agreement must be able to hold legal acts this means that people who are legally barred from holding such contracts may not hold a sale.
In this sense, are prevented from holding contracts of purchase and sale the following:
1. Parents of the assets of their children under their heritage posttest.
2. Tutors and curators of the assets of persons who are in charge, and purchase goods for them, except in the cases and the way ordained by the laws.
3. For the executors of the probate assets that were in charge.
4. For the leaders, of goods which are responsible for selling on behalf of his constituents.
5. A public employees of state property or municiapalidades, whose administration or sale were responsible.
6. At jeces, lawyers, prosecutors, child advocates, attorneys, notaries and valuers, property that were at issue in the court or tribunal before which they exercise or have exercised their respective ministry.
7. A government ministers, national property or any public building, or civil or religious corporation, secretaries and ministers of the governments of province, state or municipal property corporations or religious civil provinces.

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SUBJECT TO CONTRACT CODE CIVIL
Seller, the seller transferred to another for the agreed price of the property you own.
Seller's Obligations: a.
- Improve the transfer of ownership of the property.
b. - Provide good and their accessories in state that is at the time of contracting. C.
- Deliver documents and titles relating to the ownership or use of the property sold, unless otherwise agreed. D.
- Deliver or immediately after the conclusion of the contract, unless the delay resulting from your nature or agreed. E.
- Delivery good in the place where he stands at the time of conclusion of the contract unless it is uncertain which case the delivery is effected at the domicile of the seller. F.
- Reply by the fruits of good if they are to blame for the delay in its delivery, otherwise we can only answer is for the fruits only if any perceived. G.
- Reimburse the purchaser taxes and expenses contract would have paid the damages compensate the termination of the purchase and sale of non-delivery.
pm - In the case of a contract where the price payable in installments and the seller delay the delivery of the extending these by the time delay.

Buyer: who buys one should pay the price stipulated in the contract to buy what the seller has.
Obligations of the Buyer: a.
- Paying the price at the time, manner and place agreed.
b. - Return the price paid, less taxes and costs of the contract when it terminated the contract for failure to pay the balance.
c. - When the contract is terminated for not having been accorded, in the agreed time, of the guarantee for the balance of the price. D.
- Pay the balance due immediately giving up the shares that were outstanding when I stop paying 3 successive contributions or not. E.
- Pay the balance due when it has agreed in the contract, the illegality of the action precedent. F.
- give back the buyer and pay fair compensation for the use of the property and compensate the damage and injury. In the event that the contract is terminated for lack of payment from the buyer. G.
- Receive the good within the period specified in the contract or to point applications, but there was an agreed period or for different uses, the buyer will receive the property at the time of signing the contract.

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PRICE CONTRACTING CAPACITY AND SPECIAL PURPOSE CLAUSES

PRICE AND PURPOSE DELIVERY
In Buy-Sell Agreements, the improvement of the legal act that generate, is completed with the agreement of the parties regarding the essential elements of the Contract, which are good and the price.
Price: providing by the buyer in the purchase agreement, or the price, it must be true, and given money.
Our laws clearly state that the price is right:
1. When the parties may determine an amount the purchaser.
2. When you leave your appointment at the discretion of an individual.
3. When reference is otherwise true.
determinable cash price is an essential feature of the purchase agreement which is considered burdensome.
The pricing gives validity to the contract because if the price is indeterminate, or if the thing is whatever it sells for a fair price, or what else he offer for it, or if the price fails to dock of one party, it will be zero.

PURPOSE OF THE PROVISION
Art. 1327 is very clear about things that can be sold: "They can sell everything that can be covered by contracts, even if future events, provided that the sale is not prohibited."
The thing must be an object material likely to have an economic value should be determined at the time of hiring or likely to be determined later, must exist at the time of the conclusion of the contract or be capable of further existence and alienation must be prohibited.

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SPECIAL CLAUSES
case the contract of sale of a meeting of minds is possible to include special provisions or subject to conditions as they deem necessary to modify the obligations arising from the contract. Among those provisions expressly cite some i9ncluidas in the Civil Code and on which legal interpretation there can be no doubt. They are:

SALE BUYER SATISFACTION
which is done with the n clause be sold, or be disposed of sale, if the thing sold does not please the buyer
sale with repurchase agreement which is
clause makes the seller to recover the thing sold delivered to the buyer, restoring to it the price received, excess or decrease. RESALE PACT

Stipulation return to the buyer to the seller bought the thing, getting him the price he has paid, excess or decrease.

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COMMERCIAL SALES AND CIVIL

COMMERCIAL SALES
is a contract under which a person (vendor) agrees to transfer a thing to another person (buyer) who, in turn, undertakes to pay for it a price in money and buying to resell or rent your use.
The Civil Code provisions apply to commercial sale, except those in which the Commercial Code provides special rules.
For the commercial sale is considered essential that those who do buy to resell and get a profit and also that the contract relates to property.

CIVIL CONTRACT: The contract
civil one party transfers ownership of an object in question and the other is required to pay a certain price in money. Unlike the commercial contract civil contract does not seek a profit motive, not the primary purpose of gain by that activity.