FACULTAD DE DERECHO Y CIENCIA POLITICA

ESCUELA PROFESIONAL DE DERECHO

SPEECH

“BUY AND SELL”

PRESENTED BY:
VELASQUEZ AROHUANCA, LUCIANO ROLANDO
HUAMANI MOZOMBITE, LILIANA
URBINA GALAN, MILAGROS DEL CARMEN

SUBJECT’S NAME:
ENGLISH

TEACHER:
RODAS PAREDES, YSABEL MISELA

YEAR: 2

LIMA, PERU
2019
 The buy and sell contact is not a new institution in the law, this specific
contract comes from Rome’s law and it was constantly used by the civis whom
where the people legitimized to celebrate these kind of contracts. Since then
almost nothing hasn’t changed due to his great base and because of that this is
one of the most used contracts of the world, its use is to acquire things from
others immediately for example.

Pablo is interested in one of the cars of Michael, so he decides to call him

and let him know about his interest. Michael agrees but in exchange he wants
Pablo to give him 100.000 dollars for his car. Both parties agree and they get
lawyer to help them with the contract. As we can read it’s obvious that we have a
buy and sell contract because the specific condition is that one part has to give
something and the other part as well, so both lose a thing in the very moment but
at the same time they get something, we call this in law reciprocal benefits.

The important thing about this kind of contract is that in our daily routine
we make like 100 sell and buy contracts maybe without formal requirements but
it’s indeed a way to acquire things but one part is going to give an object and the
other will most likely give money in exchange of it, that’s the rule for this
obligation.

This specific contract is often confused with the trade, which indeed seems
similar but at the same time they have different features. The trade is the act of
exchange things and it’s the base for the buy and sell contract, their features are
almost the same but we can identify their differences by one thing and that is the
money. In the trade there’s no money involved but in the buy and sell contract,
it’s always going to be money involve because that’s the way of contract and it
has been like this since its creation and first apparition in Rome.

As we said before the buy and sell contract has unique features that we
are going to point out. First, we have its autonomy, as the main contract his
origination doesn’t depend from another contract as others do. Second, it’s a
mandatory contract because both parties are obligated to do a determined action
in order to get what they agreed for.
 Third, they both have reciprocal benefits, meaning, both have to do their
proper actions at the same time, there’s always a loss and a win, because both
of them are going to give something but in exchange they will get something back.
Fourth, it’s a contract that will have money involved no matter what. Fifth, both
parties are aware of the things that can go wrong, it’s not a contract that will be
determined by luck, the dangers are well known by the buyer and the seller. Sixth,
it doesn’t require formal requirements, meaning, the contract can be done by only
verbal words which sometimes results in one part denying the contract pending.
So the recommendation is to always make the contract written, do not avoid doing
it verbally or you will suffer the consequences.

Another thing about this contract is the parts involved in it. So firstly we
have the buyer, he or she is the person who wants to acquire something from
somebody or some company. He/she is the person who’s going to spend money
to acquire the object he/she wants. In another hand, we have the seller, who’s
the person that wants to sell something that he/she may not want or he/she
received a good offer from the buyer that can’t be rejected. This kind of contract
requires that both parties have to be at least eighteen years old otherwise the
contract won’t be rightful.

The buy and sell contract has as its main thing independently from the
parts, the objet as the main thing that has to be considered. The doctrine has
written things about the objects that can be sold or bought, but the true is that
every object physically or abstractly can be acquired and sold.
 INFERENCE

The buy and sell contract is one of the most used contracts in the world, it’s
unique contract that allows any person to acquire objects from another person or
even companies that we have at this time. Its requirements are needed for objects
that can cost a lot and because of that it needs security through formal
requirements established by our Civil Code of 1984 (one thousand nine hundred
eighty four). Its main feature is that it has reciprocal benefits meaning both
persons are obligated at the same time to do a determined act that they both
agreed before. It gives both parties the right to reclaim if the other doesn’t do the
act determined.