Brick purchase and sale contract is a civil transaction contract, which is an agreement between the parties in the contract to exercise the rights and obligations of the parties in the purchase and sale of construction materials. So what is a brick sale and purchase contract under current law? We – Lawyer X will send you a new brick sale and purchase contract form in 2022 for your reference.
Legal grounds
- Civil Code 2015
- Commercial Law 2005
What is a contract of sale?
Before learning the provisions of the law on contracts for the sale of goods, we need to understand what a contract of sale is. In simple terms, a contract for the sale of goods is an agreement between a seller and a buyer. In which, the seller will transfer the goods and ownership of the goods to the buyer according to the contractual agreement. On the contrary, the buyer is obliged to pay the agreed price to the seller.
At the same time, the parties will agree on a specific time, place, and payment method when buying and selling goods. Contracts for the sale of goods are divided into two types:
- Domestic sales contract
- International sales contract
A contract of sale is a type of civil contract. Therefore, this type of contract will be governed by the Civil Code 2015. In addition, the contract for the sale of goods is also governed by the Commercial Law 2005.
The form of the contract of sale
After learning what a purchase and sale contract is, surely, many people will wonder, so does the contract of sale have any regulations on the form or not?
According to Article 24 of the Commercial Law 2005: “a contract for the sale of goods is expressed verbally, in writing or by specific acts”. In addition, for types of contracts that are specifically stipulated that they must be made in writing, the parties need to make them in writing according to regulations.
When entering into a contract, the parties should pay special attention to the form of the contract, to avoid the situation of the contract being void. In some specific cases, the law will stipulate that entering into a written contract, such as a contract for the international sale of goods is mandatory. In this case, the parties must present the contract in writing or other forms of equivalent legal validity such as fax, telegram, or data message.
Some issues to keep in mind when entering into a contract of sale of goods
When learning about what a sales contract is and its provisions, we need to keep in mind:
The subject of the sale and purchase contract is mainly a trader
Usually, the owner of the sales contract will be the merchants. In some cases, the seller is a merchant and the buyer is an individual. Natural persons with independent commercial activities, whether registered or unregistered, can always enter into a contract of sale as a buyer.
The subject matter of the contract of sale
The subject matter of a contract of sale is goods. They are tangible and cyclical products. After signing the sales contract, the goods will be transferred to the buyer. However, according to the provisions of law, the goods agreed in the sale and purchase contract must be the type of goods permitted by law, on the list of goods traded on the Stock Exchange prescribed by the Ministry of Industry and Trade.
The purpose of a sales contract is to make a profit
Most of the contracts for the sale of goods are for the purpose of making a profit. However, there are also cases where a party to a contract for the sale of goods is not for profit. Non-profit sales contracts will not be subject to commercial law, unless the nonprofit party chooses the applicable law to be commercial law.
Note about the sale and purchase contract with the subject of land use rights / real estate/works attached to land
When understanding the sale and purchase contract and entering into the contract of sale of goods, the parties must be very careful whether the object of the sale contract is land or buildings. According to the regulations, the parties can transfer the right to use land or assets attached to the land. This transaction will be governed by the laws of the country.
Contracts for the sale and purchase of real estate/constructions attached to land will be governed by the civil code. Therefore, the parties when entering into a real estate purchase and sale contract should pay special attention to the correct application of the provisions of law.
What is a contract for the sale of bricks?
Brick purchase and sale contract, also known as building materials, is a type of contract used to exchange, buy and sell construction materials. Construction material purchase and sale contract is also known as a construction material purchase contract or construction material supply contract.
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What is the contract for buying and selling building materials?
Firstly, a contract for the purchase and sale of bricks and building materials is signed to supply bricks and building materials for construction works.
Second, the purchase and sale contract for bricks and building materials records the agreement between the parties on the purchase and sale of bricks and building materials. The contract is performed according to the agreement of the parties on relevant issues such as product quantity, delivery time, product type, product value, etc.
Third, the construction material purchase and sale contract binds the rights and obligations of the parties. Rights and obligations can be considered as the main elements of a contract, on the basis of which the parties can know what rights they are entitled to and what they must do.
Fourth, the purchase and sale contract of bricks and construction materials is an important basis for resolving disputes between the parties. When a dispute occurs, this is taken as the basis for determining the position of the parties, the level of penalty for violation, or compensation for damage.
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Frequently asked questions
The parties will have to agree on the legality of each type of goods that the parties transact in the goods sale and purchase contract. For goods banned from business, restricted from business or subject to conditional business as prescribed in Article 25 of the 2005 Commercial Law, the parties are not allowed to bring these goods into business, or must satisfying the conditions prescribed by law, it is allowed to include these goods as the object of a contract for the sale of goods. In addition, the parties must also agree on the quantity, quality, etc. of the goods. Most goods put on sale and purchase on the market must have their labels, the content on the goods labels must show: Name of goods; the name and address of the person responsible for the goods and the origin of the goods; Expiry date, quantitative ingredients, specifications, etc.
A goods sale and purchase contract is an agreement between parties whereby the seller is obliged to deliver the goods, transfer ownership to the buyer and receive payment; the buyer is obliged to pay the seller, receive the goods and take ownership of the goods as agreed.
The form of a contract for the sale of goods can be oral, in writing, or established by specific acts. For all types of goods sale and purchase contracts, which are required by law to be made in writing, such provisions must be complied wit
Conclusion: So the above is Brick purchase and sale contract in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
