1 Sale and purchase JUDr. Pavel Koukal, Ph.D. Assistant professor, MU, Faculty of Law October, 2010 General definitions Obligations.

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Presentation transcript:

1 Sale and purchase JUDr. Pavel Koukal, Ph.D. Assistant professor, MU, Faculty of Law October, 2010 General definitions Obligations of the seller Obligations of the buyer Acquisition of the title Liability for defects

General definitions legal relationship vs. acquisition of the title sale and purchase vs. contract of sale subject matter of the sale movables immovables tangible assets purchase price advanced payment payment with the delivery payment after the acquisition of the property 2

Civil Code non commercial contracts Art. 588 and subsequent provisions sale among private persons Commercial Code commercial contracts Art. 409 and subsequent provisions sale between bussiness companies or private enterpreneurs 3

Obligations of the seller transfer of the property specific time without undue delays immovables – application to the Cadastre Office 4

Obligations of the buyer pay the purchase price full amount installtments cash/bank trasfer taking delivery of the subject matter 5

Other Applicable Provisions retention of the title preemption right repurchase right 6

Liability for Defects (1) quality quantity warranty period notification legal defects factual defects 7

Liability for Defects (2) factual defect remediable irremediable discount from the purchase price repair withdraw from the contract legal defects remedy of legal defect withdraw from the contract 8

9