The Seller obliges themselves to transfer the ownership The Buyer obliges themselves to pay and collect the thing Parties: legal or natural persons/ entities Objects: things, rights, enterprise, energy Sales agreement - is always a paid agreement expressed in money - is mutual, consensual, and always paid agreement - can be concluded in any form except for the case of real estate When the thing of agreement is not collected the seller can store it at the cost of the buyer Defects of the thing - legal (owned by the third party) - physical Warranty - responsibility related to the failure of the sold thing, the liability is on the seller's side - contractual and legal character - the buyer can cease the contract - entitlements to the physical failures expire after 1 year (or 3y. in the case of buildings) Warranty Document- after issuing the document the seller is obliged to remove the failure of the thing in the time defined in the warranty Types of sale agreements: a. Instalment Sale- the price is paid in installments b. Sale with the reservation of ownership of the sold item- the seller remains the owner until the full price is paid c. Trial Sale- the buyer can test the item and then return it d. Sale with a right of repurchase- the seller has a right to repurchase the sold object e. Preemption- a person has a priority right to buy something before the others f. Consumer Sale- there is no warranty, but the consumer is protected by the legal act g. Contract of Exchange- each party transfers ownership of a thing to the other entity h. Delivery Contract- the deliverer is obliged to deliver the things partially or periodically i. Contract Farming- for the agricultural products j. Donation Agreement k. Agreement on the free transfer of real estate
2. Contract of perform a specific task
(Jaroszowi chyba chodziło o performing) Specific Task Contract - The Object of the contract is a Task, producing a thing that did not exist before or changing it significantly - The contract terminates when the task is accepted without reservations The purchaser is obliged to accept the task, if it is of good quality and to pay the salary - can also demand the correction of defects, if they are removable - If the repairs are done incorrectly, the buyer can hire someone else for the necessary fixes at the expense of the initial contractor The person who accepts the order must produce it up to date and in a way defined in the contract - they should not do any additional work - their law is to get a salary - they have the right to control how the work is being done
3. Lend for use
Lending Agreement - The Lender obliges themselves to allow to use a thing by the borrower for a definite or indefinite period of time - the content is the unpaid use of a thing
4. Rent and lease
Rent Agreement- a landlord leases an item to a tenant for a specified or indefinite duration. - The tenant commits to regular payments. - Landlord: owner/ user/ administrator - Tenant, legal, or natural person. - Contract: use the item without profiting from it - Rent: periodical payments, mutual agreement, paid in money or services - The agreement should have a written form Lease Agreement- the landlord obliges themselves to release a thing and a right to make profit from it for a definite or indefinite period of time Leasing Agreement- professional, paid agreement on using a thing - The lessor sells an item to the lessee, who gains the right to profit from it. - The lessee pays a specified fee for a set period, but ownership isn't transferred. - The leased item can be movable or immovable. 5. Loan Loan Agreement - The loan giver agrees to provide money or items to the borrower, - The borrower commits to returning the same amount or equivalent items - Regulated by the civil code and banking law - The ownership of the thing is transferred to the borrower - For bigger amounts, agreement should be in written form Credit Agreement (mortgage, hypothec) - The bank obliges itself to give the amount of money for the defined time for a defined purpose - The borrower obliges themselves to use it on the contract conditions and return it in installments, including interest and provision Bank Account Agreement: paid consensual agreement - The bank commits to providing a specified amount of money for a defined period and purpose - The borrower agrees to use it as per the contract's conditions and repay it in installments, inclusive of interest and fees. - Parties: bank and legal or natural entity
6. Mandate and similar contracts
Mandate Contract - The individual accepting the order commits to performing a specific legal activity on behalf of the purchaser - Parties: natural, legal entities - The contract covers precise and legal activities like control, supervision, management, research, advice, legal support, and bookkeeping. - It can be paid or unpaid, and released in any form - The job is considered done if the person who accepted the order works accurately, and they can do it themselves or outsource it - The purchaser covers costs and pays the salary Agency Contract - An agency contract involves a company (agent) mediating and representing the purchaser in client agreements. - Both the agent and purchaser must be companies. - The contract is paid, with a provision. - It can be for a defined or undefined period. - The agent follows purchaser guidelines and protects their rights. - The purchaser cooperates with the agent and pays the agreed provision. Commission Contract - The person taking the order agrees to buy or sell goods on behalf of the purchaser. The agent, who must be an entrepreneur, ensures the purchaser benefits. - The purchaser, who doesn't need to be an entrepreneur, pays the commission. - The agent is not responsible for defects in commission purchases if they inform the buyer.
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