The sale is the contract by means of which the delivery of a thing is celebrated on the part of a seller in exchange for an amount of money on the part of the buyer (this amount of money is usually called "price"). Price is the amount of money to give for the thing that is exchanged in the contract of sale.
El contract of sale it supposes that the domain of a certain object or service passes to another person, being this one paid at a certain price. In addition, several additional clauses and conditions may be included in it, such as the method of payment or the payment terms.
Characteristics of the sale contract
The sale and purchase is the most efficient way in which wealth can be exchanged. It can be seen materialized in different species: civil, commercial sale, with reservation of domains, in installments, judicial, etc.
Regarding the main characteristic, we must mention that through this contract we can agree to acquire the domain over something (it is the main way to acquire it). However, in addition to the contract there are also other forms such as heritage, prescription, law, award, occupation or accession.
Among other characteristics of the sale, we highlight:
- When entering into a contract of sale we must remember that we are dealing with a transfer of ownership contract: the ownership of one thing will become that of another person.
- The consent and the price must be established, as well as the thing that will be transferred by both parties
- It is a bilateral contract. It generates benefits (both receive something) and obligations (to deliver the thing or the money) for both parties
- It is an onerous contract: patrimony is exchanged with a certain value
- The contract is commutative: from the beginning the value of the thing to be exchanged and the price to be given for it is known