civil sale

Defined as the seller's obligation to deliver a certain thing and the buyer's obligation to pay a certain price, in money or a sign that represents it.

Commercial sale

Defined as the purchase and sale of goods or furniture to resell them, either in the same way they were purchased or in a different way, with the aim of profiting from the resale. And make the sale successful and not find deception in what is shown.

Purchase and sale with reservation of domain

It is that contract in which the parties, through an express agreement, modify the transfer effect of ownership, making it depend on the fulfillment of an obligation by the buyer.

Purchase and sale in fertilizers

It is that contract in which, through an express agreement between the parties, they agree that the buyer will fully or partially cover the price of the thing over a certain time through partial deliveries over a certain time.

If it were agreed that the entire price would be paid at a certain time in a single payment, it would not be a purchase and sale in installments, but rather a purchase and sale contract with the payment of the price deferred, so the condition for said contract to exist is that there be payments in installments.

Purchase and sale with preference agreement

Contract in which the parties agree that the buyer undertakes not to sell the property acquired as a result of the sale, without first giving preference to the seller to reacquire it under equal conditions under which a third party could acquire it.

Purchase and sale with an agreement not to sell to a certain person

It is that contract in which the parties agree that the buyer cannot sell to a certain person the property that has been acquired and is the object of the contract. It should not be confused with the fact of agreeing not to sell to anyone, since the contract would be void.

Buying and selling of hope

It is that contract in which the parties agree to deliver future things in exchange for a certain price and in money, so the buyer runs the risk that those things will never come to exist and even then he or she must cover the price.

Purchase and sale of expected thing

Contract in which the parties agree on the delivery of future things and the payment of the price, subordinating them to the suspensive condition of whether or not the thing comes into existence.

judicial sale

It is equated by law to a forced alienation. Technically it is not a contract because there is no agreement of wills between the owner of the property and the debtor of the credit that gives rise to the judicial procedure, much less the highest bidder. As a general rule, within the judicial procedure, the owner does not attend this hearing, and even if he does and expresses his disagreement with the procedure, his consent is irrelevant for the disposal of the property.

On the other hand, it is not a sale either since none of the parties, nor the judge of knowledge, set the price at which the thing is auctioned, nor do the experts who will value it, since they will indicate an estimated value and price that will serve as a basis for their estimation and the legality of their positions. In any case, the highest bidder will be the one who sets the price by offering an amount in exchange for the thing, which must be at least the same, which is considered a legal position. In short, if there is no agreement of wills between the owner and the purchaser, neither with respect to the transfer of the property, nor with respect to the price, it cannot be referred to as a purchase and sale contract.[7]​.

Personal items

The personal elements of this contract are made up of two parties: the buyer and the seller.

real elements

The real elements are two: price and thing.

As part of the service that the buyer must provide, the price must have the following characteristics:

All things and rights that meet the following requirements may be the subject of the purchase and sale contract:

Formal elements

Purchase and sale contracts have two aspects:

The deed of sale is a document that transfers the right of ownership of goods from one person to another.[9]​[10]​[11]​[12]​ It is used in situations where the former owner transfers the right of ownership of the goods to the new owner. Sale deeds can be used in various types of transactions: for the sale of goods, exchange, donation or pledge of objects. They can be used only for the transfer of the right of ownership over property already owned by individuals, or for the transfer of the right of ownership of tangible personal property and only by individuals and non-corporate companies.

Deeds of sale exist in common law completely independently of any legislation. In England and Wales they are governed by two Victorian laws: the Deeds of Sale Act 1878 (41 and 42 Vict. c. 31) and the Deeds of Sale Act (1878) Amendment Act 1882 (45 and 46 Vict. c. 43).[13]​[14]​ This area of law was the subject of examination by the Legislation Commission, which published a proposed modification in 2017.

The term "deed of sale" originally referred to any written form by which the absolute disposition of personal property for a value was made or confirmed. Although verbal agreements may seem sufficient, they rarely stand up to scrutiny in a dispute. The deed of sale:

Deeds of sale have existed in common law at least since the Middle Ages,[16] when they were most frequently used for commercial purposes in the maritime industry. Since in the Victorian era the population began to own a greater amount of personal property, deeds of sale began to be used as a form of consumer credit. Creditors granted credit by pledging: all types of household goods, furniture, dishes, household linens, porcelain, books, inventory of merchandise, brewing utensils and all types of goods.

Colombia

The Colombian Civil and Commercial Code[17] deals with it in its articles:

Article 1849 C.C. Purchase and sale concept:

The sale is a contract in which one of the parties undertakes to give something and the other to pay it in money. That one is called sell and this one is called buy. The money that the buyer gives for the thing sold is called the price.

Article 905 C.Com. Definition of sale

The sale is a contract in which one of the parties undertakes to transfer ownership of a thing and the other to pay for it in money. The money that the buyer gives for the thing sold is called the price.

Argentina

The Argentine Civil and Commercial Code deals with it within Book III about "Personal Rights", in Title IV about "Particular Contracts", dedicates the first chapter of the aforementioned title to the sales contract, this in turn is divided into 8 sections:[18]​.

Spain

In Spanish Law, the Purchase and sale with reservation of ownership, the transfer of possession is carried out at the time of perfection of the contract, the transfer of ownership being subject to compliance with a certain condition.

The purchase and sale in installments involves the transfer of possession and ownership of movable, tangible, identifiable and non-consumable property, giving rise, on the part of the purchaser, to the obligation to make the payment in installments in a certain number of periodic installments. This modality, due to its significance in the contemporary economy, has been specifically regulated by Law 28/1998.

The purchase and sale with a retro-sale agreement (conventional retraction), in the case of real estate, as long as the retro-sale agreement has not been registered in the Property Registry, it does not bind the third party who acquires the property from the buyer.

The purchase and sale ad gustum in accordance with article 1115 of the Civil Code, cannot be a purely optional condition "Condition (Law)"), prohibited by said article. Finally, once the test is positive, the buyer loses the right to withdraw from the sale.

Mexico

Articles 2248 to 2322 of the Federal Civil Code "Federal Civil Code (Mexico)") regulate the purchase and sale contract.

In Mexican Law, the sale is perfect and obligatory for the parties, as a general rule, when the thing and its price have been agreed upon, even if the thing has not been delivered nor the price satisfied.[19]​.

The revenue agreement is expressly prohibited, as is the promise to sell real estate that has been the subject of a sale between the same contracting parties[20].

Chili

Articles 1793 to 1896 of the Civil Code of Chile regulate the purchase-sale contract.

El Salvador

Articles 1597 to 1686 of the Civil Code regulate civil sales, and articles 964 to 994 of the Commercial Code regulate commercial sales.

Guatemala

The sale is regulated by articles 1790 to 1843 of the Civil Code (Decree 106). It is understood that by the contract of sale the seller transfers ownership of a thing and undertakes to deliver it, and the buyer undertakes to pay the price in money.

civil sale

Defined as the seller's obligation to deliver a certain thing and the buyer's obligation to pay a certain price, in money or a sign that represents it.

Commercial sale

Defined as the purchase and sale of goods or furniture to resell them, either in the same way they were purchased or in a different way, with the aim of profiting from the resale. And make the sale successful and not find deception in what is shown.

Purchase and sale with reservation of domain

It is that contract in which the parties, through an express agreement, modify the transfer effect of ownership, making it depend on the fulfillment of an obligation by the buyer.

Purchase and sale in fertilizers

It is that contract in which, through an express agreement between the parties, they agree that the buyer will fully or partially cover the price of the thing over a certain time through partial deliveries over a certain time.

If it were agreed that the entire price would be paid at a certain time in a single payment, it would not be a purchase and sale in installments, but rather a purchase and sale contract with the payment of the price deferred, so the condition for said contract to exist is that there be payments in installments.

Purchase and sale with preference agreement

Contract in which the parties agree that the buyer undertakes not to sell the property acquired as a result of the sale, without first giving preference to the seller to reacquire it under equal conditions under which a third party could acquire it.

Purchase and sale with an agreement not to sell to a certain person

It is that contract in which the parties agree that the buyer cannot sell to a certain person the property that has been acquired and is the object of the contract. It should not be confused with the fact of agreeing not to sell to anyone, since the contract would be void.

Buying and selling of hope

It is that contract in which the parties agree to deliver future things in exchange for a certain price and in money, so the buyer runs the risk that those things will never come to exist and even then he or she must cover the price.

Purchase and sale of expected thing

Contract in which the parties agree on the delivery of future things and the payment of the price, subordinating them to the suspensive condition of whether or not the thing comes into existence.

judicial sale

It is equated by law to a forced alienation. Technically it is not a contract because there is no agreement of wills between the owner of the property and the debtor of the credit that gives rise to the judicial procedure, much less the highest bidder. As a general rule, within the judicial procedure, the owner does not attend this hearing, and even if he does and expresses his disagreement with the procedure, his consent is irrelevant for the disposal of the property.

On the other hand, it is not a sale either since none of the parties, nor the judge of knowledge, set the price at which the thing is auctioned, nor do the experts who will value it, since they will indicate an estimated value and price that will serve as a basis for their estimation and the legality of their positions. In any case, the highest bidder will be the one who sets the price by offering an amount in exchange for the thing, which must be at least the same, which is considered a legal position. In short, if there is no agreement of wills between the owner and the purchaser, neither with respect to the transfer of the property, nor with respect to the price, it cannot be referred to as a purchase and sale contract.[7]​.

Personal items

The personal elements of this contract are made up of two parties: the buyer and the seller.

real elements

The real elements are two: price and thing.

As part of the service that the buyer must provide, the price must have the following characteristics:

All things and rights that meet the following requirements may be the subject of the purchase and sale contract:

Formal elements

Purchase and sale contracts have two aspects:

The deed of sale is a document that transfers the right of ownership of goods from one person to another.[9]​[10]​[11]​[12]​ It is used in situations where the former owner transfers the right of ownership of the goods to the new owner. Sale deeds can be used in various types of transactions: for the sale of goods, exchange, donation or pledge of objects. They can be used only for the transfer of the right of ownership over property already owned by individuals, or for the transfer of the right of ownership of tangible personal property and only by individuals and non-corporate companies.

Deeds of sale exist in common law completely independently of any legislation. In England and Wales they are governed by two Victorian laws: the Deeds of Sale Act 1878 (41 and 42 Vict. c. 31) and the Deeds of Sale Act (1878) Amendment Act 1882 (45 and 46 Vict. c. 43).[13]​[14]​ This area of law was the subject of examination by the Legislation Commission, which published a proposed modification in 2017.

The term "deed of sale" originally referred to any written form by which the absolute disposition of personal property for a value was made or confirmed. Although verbal agreements may seem sufficient, they rarely stand up to scrutiny in a dispute. The deed of sale:

Deeds of sale have existed in common law at least since the Middle Ages,[16] when they were most frequently used for commercial purposes in the maritime industry. Since in the Victorian era the population began to own a greater amount of personal property, deeds of sale began to be used as a form of consumer credit. Creditors granted credit by pledging: all types of household goods, furniture, dishes, household linens, porcelain, books, inventory of merchandise, brewing utensils and all types of goods.

Colombia

The Colombian Civil and Commercial Code[17] deals with it in its articles:

Article 1849 C.C. Purchase and sale concept:

The sale is a contract in which one of the parties undertakes to give something and the other to pay it in money. That one is called sell and this one is called buy. The money that the buyer gives for the thing sold is called the price.

Article 905 C.Com. Definition of sale

The sale is a contract in which one of the parties undertakes to transfer ownership of a thing and the other to pay for it in money. The money that the buyer gives for the thing sold is called the price.

Argentina

The Argentine Civil and Commercial Code deals with it within Book III about "Personal Rights", in Title IV about "Particular Contracts", dedicates the first chapter of the aforementioned title to the sales contract, this in turn is divided into 8 sections:[18]​.

Spain

In Spanish Law, the Purchase and sale with reservation of ownership, the transfer of possession is carried out at the time of perfection of the contract, the transfer of ownership being subject to compliance with a certain condition.

The purchase and sale in installments involves the transfer of possession and ownership of movable, tangible, identifiable and non-consumable property, giving rise, on the part of the purchaser, to the obligation to make the payment in installments in a certain number of periodic installments. This modality, due to its significance in the contemporary economy, has been specifically regulated by Law 28/1998.

The purchase and sale with a retro-sale agreement (conventional retraction), in the case of real estate, as long as the retro-sale agreement has not been registered in the Property Registry, it does not bind the third party who acquires the property from the buyer.

The purchase and sale ad gustum in accordance with article 1115 of the Civil Code, cannot be a purely optional condition "Condition (Law)"), prohibited by said article. Finally, once the test is positive, the buyer loses the right to withdraw from the sale.

Mexico

Articles 2248 to 2322 of the Federal Civil Code "Federal Civil Code (Mexico)") regulate the purchase and sale contract.

In Mexican Law, the sale is perfect and obligatory for the parties, as a general rule, when the thing and its price have been agreed upon, even if the thing has not been delivered nor the price satisfied.[19]​.

The revenue agreement is expressly prohibited, as is the promise to sell real estate that has been the subject of a sale between the same contracting parties[20].

Chili

Articles 1793 to 1896 of the Civil Code of Chile regulate the purchase-sale contract.

El Salvador

Articles 1597 to 1686 of the Civil Code regulate civil sales, and articles 964 to 994 of the Commercial Code regulate commercial sales.

Guatemala

The sale is regulated by articles 1790 to 1843 of the Civil Code (Decree 106). It is understood that by the contract of sale the seller transfers ownership of a thing and undertakes to deliver it, and the buyer undertakes to pay the price in money.