Legal encyclopedia. Letter M

MENA

- A civil-law contract aimed at transferring property to property. Under the barter agreement, one party undertakes to transfer one goods in exchange for another to the ownership of the other party.

The goods can be any things, except for those withdrawn from circulation or limited in turnover. The barter treaty is consensual.

The barter agreement is a kind of contract of sale. Each party in this contract is the seller of the goods and at the same time its buyer. Consequently, each side is superimposed: the duties of the seller - i.e. Transfer of the goods provided for in the barter agreement free from the rights of third parties, with the relevant documents, within the period specified in the contract for its transfer, in a certain quantity, of appropriate quality, etc .; Obligations of the buyer - acceptance of the transferred goods, except for cases when he has the right to demand replacement of goods or refuse to perform the contract, pay for the goods, but not in money equivalent, as in the sale and purchase, but by transferring another counter goods.

The parties to the barter agreement may be citizens and legal entities. The state's performance in the civil-law contract is impossible, because the natural exchange is contrary to the basic principles of the country's budget system.

The subject of the agreement is any things not withdrawn from circulation. The condition of the subject is the only essential condition of the barter contract. The price of the contract is the cost of each of the counter-representations. As a general rule, the goods exchanged are assumed to be equivalent. If the parties recognize the exchange is not equivalent, the difference in prices is paid. Counterparties have the right to agree on another procedure for fulfilling the obligation to compensate for the difference in prices of goods exchanged.

The term of the contract is determined by agreement of the parties.

Contracts M., executed at the time of the commission, as well as transactions between citizens for less than 10 minimum monthly wages, can be concluded orally. All other contracts M. must be put on in writing.

The procedure for concluding contracts is determined by general rules, similar to the rules for concluding sales contracts.

Obligations of the participants in the contract, M., which make up its content, are the same for both parties. The main responsibility is to transfer the goods to the counterparty. In this case, each of the parties independently bears the costs of the transfer and acceptance of the relevant goods. Broadcast

Exchanged goods must be made simultaneously. The right of ownership of both acquirers occurs simultaneously after the last transfer of the goods is made. The parties are obliged to transfer goods to each other free from the rights of third parties. Non-fulfillment gives the injured party the right to demand the return of the goods transferred by it in exchange for goods, as well as compensation for damages.