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See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This law applies to trade in movable property.
The law shall apply mutatis mutandis to the exchange of movable property.
The law does not apply to the transfer of another country's building or of a fixed installation or structure if it is granted the right of access.
The law shall apply to the order of the product to be manufactured only if the subscriber is not required to provide an essential part of the label. The law shall not apply to the construction of a building or a fixed installation or plant in other land or water.
The law does not apply to the contract that the supplier must also carry out the work or other service if the service constitutes a major part of his duties.
The provisions of the law shall not apply where the agreement, the practice adopted by the parties or the method of trade or any other manner which must be considered binding on the parties is different.
The law does not apply in the case of consumer protection (38/78) Because of something else.
Some international transactions are regulated separately.
The goods must be kept at the disposal of the purchaser where the seller had his place of business or, unless the seller had a place of business connected to the transaction, where the seller had its registered office. If, at the time of the purchase of the goods, the goods or item from which the goods are to be taken were elsewhere, the goods must be kept in place in this place.
The goods have been released when the buyer has taken control of it.
If the goods are to be transported to the purchaser at the same location or in the territory in which the seller normally takes care of the transport of the like goods, the supply shall take place when the purchaser receives control of the goods.
If, in any other case, the goods are to be transported to the purchaser, or otherwise due to the delivery clause or contract, the supply shall take place when the carrier, who is committed to the delivery of the goods from the place of dispatch, is in possession of the goods. If the vendor itself carries out the transport, the supply will take place only when the purchaser gets control of the goods.
If the goods have been sold "freely", "delivered" or "freely delivered" to a specified location, it shall not be deemed to be abandoned until it has been delivered to this place.
Where the vendor has to arrange transport of the goods, he or she shall conclude contracts for the carriage of goods by means of a means of transport suitable for the place of destination and on the basis of the customary conditions for such transport.
If the goods are not surrendered on demand or without delay and the date of the release cannot be considered as agreed, the goods shall be released within a reasonable period of time.
If the goods have to be delivered within a specified period and the circumstances do not indicate that the buyer is to choose the date of the release, the seller must provide for it.
Where the seller has to specify the date of the delivery, he shall inform the purchaser in good time when the goods can be retrieved.
If the seller has not granted any credit or deferral, he shall not be obliged to dispose of the goods or, by means of a document or any other means, waive his control over the goods before the purchase price is paid.
Where the vendor has to send the goods to another place, he may not, under Article 1 (1), refuse to send it, but he shall prevent the sale of the goods or the document relating thereto to the buyer before the purchase price is paid.
The seller is responsible for the costs incurred before it is released and which are not incurred due to a delay in the supply due to a point on the buyer's side.
If the liability of the goods is at the buyer's disposal, he shall pay the purchase price, even if the goods have been destroyed, lost, degraded or decreased for a reason independent of the seller.
The liability shall be transferred to the buyer when the supply of goods under the contract or Articles 6 or 7 takes place.
If the goods are not delivered at the right time and this is due to the buyer or buyer's side of the case, the liability shall pass to the purchaser when the seller has done what he expects of him.
Where the purchaser has to retrieve the goods from outside the seller, the liability shall pass when the time of release has come and the purchaser has been informed that the goods can be retrieved.
The liability shall never be transferred to the purchaser until it has been labelled or otherwise made clear that the goods are intended for the purchaser.
Where the goods to be transported are the goods to be transported, the liability shall pass to the buyer at the time of trade, unless the circumstances are satisfied that he has taken on the risk of liability from the time the goods have been released from the transport document Management of the carrier. However, the seller is always liable for loss or damage that he knew or should have known at the time of the sale but which he did not inform the purchaser.
In the event of an agreement on open trade and the sale of the goods, the liability for the goods shall be at the buyer's disposal until the goods are returned.
The goods, in terms of their variety, quantity, quality, other characteristics and packaging, shall correspond to what may be considered as agreed.
If the other cannot be considered as agreed, the goods shall:
(1) applied for the purpose for which such goods are normally used;
(2) apply to the specific purpose for which the goods were intended to be used, where the seller had to be aware of this purpose at the time of the transaction and the purchaser had reasonable grounds to rely on the seller's expertise and assessment;
3) the characteristics of which the seller has referred to by presenting a sample or model; and
(4) be packed in a regular or otherwise suitable manner if the packaging is necessary for the preservation or protection of the goods.
If the goods deviates from the provisions of paragraphs 1 or 2, there is a mistake.
It is also a mistake if it does not correspond to the information supplied by the vendor on the characteristics or use of the goods when marketing or otherwise prior to trading and which can be expected to have contributed to the transaction.
It is also a mistake if it does not correspond to the information which someone other than the seller, on the previous sales step or on behalf of the seller, has, prior to marketing, provided its characteristics or uses and which can be expected to: Has affected the trade. However, the goods are not considered to be erroneous if the seller was not and should not have been aware of such information.
The provisions of paragraphs 1 and 2 of this Article shall not apply where the information has been duly corrected in a timely manner.
However, where the goods have been sold as 'as it is' or by a similar general reservation, it is considered to be a mistake if:
(1) the goods do not correspond to the information which the seller has made prior to trading on its characteristics or behaviour and which can be presumed to have contributed to the transaction;
(2) the seller, prior to trading, has failed to inform the purchaser of an essential aspect of the characteristics or use of the goods from which he has to be presumed to have known, and which the purchaser was right to expect to be informed; and The omission may be presumed to have affected trade; or
(3) the goods are in a significantly worse condition than the purchaser, taking into account the price and other circumstances, justified the need to do so.
When the goods used have been sold by auction, it is considered to be sold as 'as it is'. For the purposes of paragraph (1) (3), the opening price of the auction shall be taken into account.
The buyer shall not be allowed to rely on a point on which he/she must assume that the transaction was made.
If, prior to trading, the buyer has checked the goods or, without reason, the buyer has failed to comply with the instructions of the seller, he shall not be allowed to rely on the fact that he would have observed if the seller has not lost Defamatory and unworthy.
Paragraph 2 shall also apply where the buyer has, prior to trading, had the opportunity to check the sample of the goods and the defect concerns the characteristic that would have arisen from the sample.
The error of the goods must be assessed on the basis of the nature of the product's characteristics as a result of the transfer to the buyer. The seller is responsible for the mistake that has been made in the goods at this time, even if the error does not occur until later.
If the goods deteriorate after the transfer of the risk to the buyer, the goods shall be considered to be a mistake if the deterioration is due to the seller's breach of contract. The same shall apply if the seller is provided with a guarantee or an equivalent commitment for the period and deterioration of the time and the deterioration of the goods covered by the undertaking concerned.
If the goods are not supplied or disposed of too late and is not due to the purchaser or the buyer's side, the buyer may, in accordance with the provisions of this Chapter, require that the contract be completed or terminated, as well as the claim for damages. He shall also be entitled to the payment of the purchase price under Article 42.
The buyer has the right to remain in the contract and to demand that it be fulfilled. However, the seller is not obliged to comply with the contract if there is an obstacle to it that the seller cannot win, or if the fulfilment of the contract would require sacrifices which are disproportionate in relation to the purchaser's advantage that the seller fulfils Agreement.
However, where an obstacle or an unrelationship ceases within a reasonable period, the purchaser may require that the seller fulfils the contract.
The purchaser loses the right to demand fulfilment of the contract if he procrastinates for an unreasonable length of time.
If the seller asks the buyer whether, in spite of the delay, the seller accepts the transfer of the goods within the prescribed time, or if the seller declares that he fulfils the contract within the prescribed time, and the buyer does not reply within a reasonable period of time, or After receipt of the notification, the buyer may not trade if the seller complies with the time limit specified by the contract.
The buyer may be liquidated due to a delay in the sale of the seller if the contract breach is of fundamental importance to him and the seller understood or should have understood it.
If the buyer has placed an additional period prescribed for the seller for the purpose of the delivery of the goods and is not unduly short, the buyer shall also terminate the transaction if the goods are not disposed of within an additional period.
In the course of an additional period of time, the buyer may terminate the sale only if the seller declares that he will not fulfil the contract within this period.
Where the object of the transaction is the product which is to be manufactured or acquired, in particular for the buyer, in accordance with his instructions or wishes, and the seller cannot, without substantial losses, take advantage of the goods in any other way, the buyer may Because of the seller's delay, only if the purpose of the transaction is not materially achieved due to the delay.
The purchaser is entitled to compensation for the damage he suffers as a result of the seller's delay, unless the seller proves that the delay is the result of an obstacle outside his influence which he cannot reasonably be required to take At the time of trade and the consequences of which he could not reasonably have avoided or won.
If the delay is caused by the person who has been used by the vendor to help meet the contract or part of the contract, the seller will be released from liability only if the person concerned is free from liability under paragraph 1. The same applies if the delay is due to the seller's supplier or other prior sales step.
According to paragraphs 1 and 2 of this Article, there is no substitute for indirect prejudice referred to in Article 67.
The buyer is always entitled to compensation if the delay or damage is due to negligence on the part of the seller.
If the seller cannot complete the contract in time, he/she shall inform the buyer of the obstacle and its impact on the fulfilment of the contract. If the purchaser receives no such notification within a reasonable period of time when the obstacle has been or should have been brought to the seller's attention, the purchaser shall be entitled to compensation for damage which could have been avoided if he had received the notification in time.
If the goods have been handed over too late, the buyer shall not divest the sale or claim damages as a result of the delay, unless, within a reasonable period of time, he has informed the seller that he or she wishes to withdraw or demand Damages. However, if the buyer discontinues the transaction, he shall not be required to notify the claim for compensation separately.
If there is a mistake in the goods and not because of the purchaser or the buyer's side, the purchaser may, in accordance with the provisions of this Chapter, require a correction, a new shipment or a reduction in the price, or a reduction in trade, as well as a claim for damages. He shall also be entitled to the payment of the purchase price under Article 42.
Once the goods have been released, the purchaser shall check it in accordance with good practice as soon as circumstances permit.
If it appears that the goods will be transported from the place of supply, the buyer may postpone the inspection until the goods arrive.
If, when the goods are on their way to the destination, a new destination or dispatch of the goods continues without having a reasonable opportunity to check it, and if the seller knew or should have known that the goods were The destination may change or that the goods may still be dispatched, the buyer may postpone the inspection until it has arrived at the new destination.
The buyer shall not rely on the defect of the goods unless he reports a mistake to the seller within a reasonable time when he or she has detected a defect or should have observed (Reclamation).
Notwithstanding the provisions of Articles 31 and 32, the buyer may invoke the error of the goods if the seller has been negligent or undignified and undignified.
The buyer shall have the right to require the seller to correct the error without incurring any costs to the buyer if the defect can be corrected without incurring unreasonable costs or undue disadvantage. In accordance with Article 36, the seller shall receive new delivery instead of the correction.
The purchaser is entitled to demand a new shipment if the breach of contract is of fundamental importance to him and the seller understood or should have understood it. However, the buyer does not have such a right if there is an obstacle or an unrelationship within the meaning of Article 23. Furthermore, the buyer does not have the right to demand a new shipment if the object of the transaction is the goods which existed at the time of trade and which, having regard to the characteristics of the goods and to what the parties must assume, cannot be replaced by another Goods.
If the seller does not fulfil his obligation to correct the error, the purchaser shall be entitled to reimbursement of the reasonable costs necessary for the correction of the error.
The buyer shall not require the correction of a defect or any new delivery unless he/she notifies the seller of his claim to the seller, while he or she will be reklaying or within a reasonable time thereafter. However, the omission of the buyer does not have such an effect if the seller has acted with gross negligence or indignity.
Even if the buyer does not require a correction or a new delivery of an error, the seller may, at his own expense, correct a mistake or make new delivery if it is possible without causing the purchaser's material harm and without the risk of the buyer not having obtained the seller. Compensation for the costs incurred.
The seller shall not rely on the fact that he has not been given the opportunity to repair the error referred to in paragraph 1 or to a new delivery, if the buyer has remedied the error and, taking into account the circumstances, cannot reasonably require the purchaser to: Waiting to be corrected on the seller's side.
If the correction of an error or a new supply does not arise, or if it is not carried out within a reasonable period of time, the purchaser may be required to demand a price reduction calculated in accordance with Article 38 or to land in accordance with Article 39.
However, the purchaser is not entitled to a price reduction when the goods were bought at auction.
In the case of purchasers, the price reduction shall be calculated in such a way that the relationship between the reduced and the price corresponding to the contract corresponds to the ratio between the value of the goods under contract and the value of the goods as a delivery point.
The buyer may, by reason of a mistake, take out the transaction if the breach of contract is of fundamental importance to him and the seller understood or should have understood it.
The buyer shall not be allowed to land on account of the error unless he notifies the seller within a reasonable period of time when he or she has detected a defect, or the end of the period which the seller may, according to Article 37, have: At their disposal for correcting a defect or for a new delivery. However, the omission of the buyer does not have such an effect if the seller has acted with gross negligence or indignity.
The purchaser is entitled to compensation for the damage he suffers because of a defect, unless the seller proves that there has been an obstacle within the meaning of Article 27 (1) or (2) of Article 27. Where there is an obstacle to the supply of impected goods, Article 28 shall be subject to the obligation of the seller to inform the seller of the obstacle to the fulfilment of the contract.
Paragraph 1 of this Article does not replace any indirect injury referred to in Article 67.
The buyer is always entitled to compensation if the defect or damage is due to negligence on the part of the seller or, at the time of trade, where the seller has a particular commitment.
If the bystander has ownership, pledge or other right to goods (error of law) And it follows from the agreement that the purchaser must be accepted within the limits of the right to the goods, the provisions of Chapter 6 and the provisions of Article 42 on the right to abstain from payment of the purchase price. Paragraph 31 shall be without prejudice to the right of the buyer to rely on a legal error.
The purchaser is always entitled to compensation for damage caused by a legal error which existed at the time of trade, if he did not know and should not have known about the error.
The purchaser may also require penalties under a legal error, even where a bystander claims that he has the right referred to in paragraph 1 and there are probable grounds for such a claim.
If the buyer has a claim based on the seller's delay or defect, the purchaser shall refrain from paying the purchase price for the corresponding claim.
If only part of the delivery is delayed or incorrect, the provisions on that breach of contract shall apply to this part of the delivery. The buyer shall be liquidated in full if the breach of contract is material for the whole of the transaction.
If it can be assumed that the seller considers that he has fulfilled the contract in its entirety, even though all the goods have not been released, the provisions on the error shall apply.
If the goods are to be phased out and any consignment is delayed or incorrect, the buyer may terminate the transaction in respect of this item in accordance with the provisions which otherwise concern the dismantling of trade.
In the event that the delay or error gives rise to the presumption that a contract infringement may be justified in respect of a subsequent consignment, the purchaser shall, on that basis, be allowed to terminate the transaction within a reasonable time for such a subsequent tranche.
At the same time as the buyer disposes of a single consignment, he may, at the same time, terminate the transaction in respect of previous or subsequent instalments, if, on the basis of the mutual connection between the items, he would suffer significant disadvantages as to the fact that he would remain in the contract For those items.
If the price of the goods cannot be considered as agreed, the purchaser shall pay a price which is reasonable, taking into account the quality and characteristics of the goods, the fair price of the transaction and other circumstances.
If the price is calculated on the basis of the number, measure or weight, the amount of the price step must be taken as the basis for the transfer of the amount of the goods to the buyer.
When the price is determined, the weight of the goods must first be reduced.
If the buyer has received the invoice, he shall be bound by the price indicated in it, unless the buyer within a reasonable period notifies the seller that he does not accept the price and that the price below cannot be regarded as being unreasonable.
The purchase price shall be paid by the seller. However, if payment is to be made against extradition, the payment must be made where the transfer takes place.
The obligation for the buyer to pay shall also be subject to the obligation, in accordance with the contract, to accept bills and to set up a credit card, bank guarantee or other security, as well as the obligation to take the necessary measures to carry out the other payment.
If the date of payment of the purchase price cannot be considered as agreed, the purchaser shall pay the purchase price if the seller so requires. However, the buyer shall not be required to pay before the goods have been placed on the contract or in accordance with the contract.
The purchaser shall have the right before payment of the purchase price is checked in accordance with the goods or as appropriate, unless such an inspection is incompatible with the agreed release and payment method.
Notwithstanding the provisions of subparagraphs 1 and 2, where the carriage of goods to the place of destination has been delivered to the place of destination or the goods are transported under such conditions that the seller is not allowed to order the goods, the payment may be made without prejudice to the provisions of paragraphs 1 and 2 Or when the purchaser receives a consignment note or other certificate stating that the goods are transported under the conditions of the said law.
The buyer shall:
(1) contribute to trade in the way that he reasonably can be required to enable the seller to comply with the contract; and
2) retrieve or receive the goods.
If the buyer does not pay the purchase price at the right time or does not contribute to the transaction in accordance with Article 50 (1) and is not due to the seller or the fact on his side, the seller shall, in accordance with the provisions of this Chapter, require payment or compliance with the contract. By the way, or to terminate the transaction and also to claim damages. In accordance with Article 10, he may also retain the goods and claim interest in accordance with Article 71.
If the purchaser fails to fulfil his obligation to retrieve or receive the goods and is not due to the seller or the fact that he is on his side, Articles 55, 57 (2) and 58 shall apply.
The seller is entitled to remain in the contract and demand payment of the purchase price.
However, if the buyer withdraws an order for goods which is specifically to be manufactured or purchased for him, the seller shall not remain in the contract by continuing the manufacture or other preparations for the supply of the goods and by requiring: Payment of the purchase price unless the suspension of the preparations presents a material injury to him or the risk that the damage resulting from the cancellation is not reimbursed. Compensation for cancellation shall be determined by the provisions of Chapter 13.
If the goods have not yet been released, the seller will lose the right to demand payment of the purchase price if he is procrastinating for an excessively long period of time.
The seller is also entitled to remain in the contract and shall require the buyer to contribute to the transaction in accordance with Article 50 (1). However, the buyer is not obliged to contribute to the transaction if there is an obstacle to it which he cannot win, or if the contribution would require sacrifices which are disproportionate in relation to the advantage of the seller, that the buyer Contribute to trade.
However, where an obstacle or an unrelationship ceases within a reasonable period, the seller may require that the buyer contribute to the transaction.
The trader loses his right to require the buyer to contribute to the transaction if he is procrastinating for an excessively long period of time.
The seller may be liquidated for late payment by the buyer if the delay is an essential breach of the contract.
If the seller has set an additional period for the payment of the purchase price, which is not excessively short, and the buyer does not pay the fee within an additional period, the vendor shall also take up the transaction.
In the course of an additional period, the seller may terminate the sale only if the purchaser declares that he will not pay the fee within this period.
If the buyer has obtained control of the goods, the vendor shall only terminate the sale if he has retained the right to do so or if the buyer rejects the goods.
The seller shall be liquidated if the buyer does not contribute to the transaction in accordance with Article 50 (1) where the contract breach is of material importance to the seller and the buyer understands or should have understood it. The seller shall, under the same conditions, terminate the sale if the buyer does not retrieve or receive the goods at the right time and the contract or circumstances indicate that the seller is of particular importance for the delivery of the goods.
The seller shall also dissolve the transaction if the buyer does not in the specified additional period set by the seller, which is not excessively short:
1) to contribute to trade in accordance with Article 50 (1); or
(2) retrieve or receive goods where it is apparent from the contract or circumstances that the seller is of particular importance for the delivery of the goods.
During an additional period, the seller may only terminate the sale if the purchaser declares that he will not fulfil his obligations during this period.
If the purchase price is gradually paid in instalments as the goods are released and the payment of any instalment is delayed, the vendor shall, in the case of this item, terminate the transaction in accordance with the provisions relating to the sale of the goods.
The seller may also be liquidated for a later tranche, unless there is reason to assume that there will be no further delay in payment.
The seller is entitled to compensation for the damage suffered as a result of late payment by the purchaser, unless the purchaser proves that the delay is due to the provision of the law, the interruption of public transport or the payment of charges, or any other similar obstacle, Which the buyer cannot reasonably be required to take into account at the time of trade and whose consequences he could not reasonably have avoided or won.
The seller, on the same grounds as Article 27, also has the right to compensation for the damage suffered by the purchaser because the buyer does not contribute to the transaction in accordance with Article 50 (1), or because the purchaser in good time does not collect or receive goods when: The contract or circumstances indicate that the supplier is of particular importance to the seller.
If the purchaser cannot complete the contract in time, he shall inform the seller of the obstacle and its impact on the ability to fulfil the contract. If the seller does not receive such notification within a reasonable period of time when the obstacle has come or should have been brought to the purchaser's attention, the seller shall be entitled to compensation for the damage which could have been avoided if he had received the notification in time.
Paragraph 2 has been repealed by L 5.1.1994/17 .
The seller shall not be allowed to land on account of the buyer's late payment or due to the fact that the buyer has not collected or received the goods unless he notires the buyer of the unloading before he has fulfilled his obligations.
If the buyer has contributed to the transaction within the meaning of Article 50 (1) but has done so too late, the seller shall not, by reason of the delay, open trade or claim damages unless he informs the purchaser of his claim within a reasonable period of time. Time when he was informed about the compliance with the obligation to influence. However, if the vendor uncovers the transaction, he shall not be required to notify the claim for compensation separately.
If the buyer is to specify the shape, dimensions or other characteristics of the goods, but he does not do so at the specified time or within a reasonable time when the seller has requested it, the seller may specify the characteristics of the transaction as may be Expected to be in the interest of the buyer. This does not prevent the seller from requiring other sanctions.
The seller shall inform the purchaser of the specification he has made and set a reasonable period of time for the buyer within which this may alter the specification. If the purchaser does not modify the specification within the prescribed period, it shall be binding.
Where the activities of the party or his financial circumstances prove to be such that there are compelling reasons to assume that his contractual obligations remain substantially unfulfilled, the counterparty may, for its part, suspend the contract The completion and detention of the performance.
Where the buyer of the goods already dispatched by the seller shows the situation referred to in paragraph 1, the seller shall prevent the supply of the goods from being transferred to the buyer. The seller has this right, even if the purchaser had received the goods transport document.
A party that interrupts the performance of the contract or prevents the supply of the goods under the control of the counterparty must immediately be informed of it. If he does not, the counterparty shall be entitled to compensation for the damage caused to him by the fact that the notification has not been given in time.
The Contractor which has suspended the performance of the contract or blocked the supply of the goods under the management of the counterparty shall continue to comply with the contract if the counterparty provides an eligible collateral for the fulfilment of the contract.
If it has become clear that a breach of contract which justifies the dismantling of trade will occur, the party may break the deal even before the time of completion of the contract. However, the transaction will not be affected if the counterparty immediately sets an acceptable guarantee for the performance of the contract.
If the property of the party has been declared bankrupt and has not yet fulfilled the contract, the counterparty shall require a declaration of whether or not the bankruptcy of the estate is willing to enter into trade. If the bankruptcy of the bankruptcy declares within a reasonable time that it wishes to engage in trade, and to lodge an acceptable security in the performance of the contract, the transaction must not be dismantled.
If the goods are handed over to the purchaser or for the management of his bankruptcy only after the buyer's assets have been handed over, the seller may demand that the goods be returned. However, there is no need to relinquate the goods if the purchase price is paid immediately or, if it is not yet due, the bankruptcy of the bankruptcy shall, within a reasonable period of time, be subject to the payment of an acceptable security fee.
If, in the case referred to in paragraph 2, the purchaser's den of bankruptcy has sold the goods or otherwise ordered it in such a way that it cannot be turned back substantially unchanged and intractable, the estate shall be deemed to have committed Trade.
Paragraph 4 has been repealed by L 5.1.1994/17 .
If the transaction is terminated, the seller's obligation to dispose of the goods and the purchaser's obligation to pay the purchase price and to contribute to trade.
In so far as the contract has been completed, each party may require the other party to return what he has received. In such cases, the Party shall refrain from fulfilling its duty of return until the counterparty fulfils its own responsibility and pays the damages and the interest it is required to pay, or lodge an acceptable security The payment of them.
If the seller is to make new delivery, the buyer may not return the goods received until the new shipment takes place.
If the transaction is terminated, the purchaser must surrender the proceeds from the goods and pay reasonable compensation, provided that he has benefited from the goods.
If the seller has to repay the purchase price, he shall pay the interest (633/82) (2), interest from the date on which he received the payment.
The buyer may only take out the sale or demand a new delivery only if he can return the goods substantially unchanged and indemnity.
However, the buyer does not lose the right of withdrawal or the right to demand a new shipment if:
(1) the goods have been destroyed, lost, degraded or decreased due to their own characteristics or other factors not attributable to the buyer;
(2) the goods have been destroyed, degraded or decreased due to a measure which was necessary to check the accuracy of the goods;
(3) the goods are, in whole or in part, sold in the normal order, or used for the purpose required by the purchaser before he discovered the error on the basis of which he wishes to terminate the transaction or to demand a new shipment; and Before he was supposed to detect it; or
4) the transaction is wound up because of a legal error and the buyer has lost or forfeited the goods under the law.
Furthermore, the buyer does not lose its right of withdrawal or the right to demand a new delivery if he or she replaces the depreciation resulting from the deterioration or reduction of the goods.
In the event of a breach of contract, damages shall cover the costs of the compensation, the difference in prices, the loss of profits and any other direct or indirect damage caused by the breach.
The indirect injury shall be:
(1) damage resulting from a reduction or interruption of production or turnover;
(2) other damage resulting from the fact that the goods cannot be used as intended;
(3) a profit which has not been received owing to the fact that the contract with the collateral has lapsed or failed to do so;
(4) damage caused by damage to property other than the sold goods; and
5) other similar, difficult to predict injury.
However, an indirect injury shall not be deemed to prejudice the damage suffered by the injured party to the limitation of the damage referred to in paragraph 2.
If the sale has been demolished and the buyer has resold the goods or sold the goods again and the operation has been carried out carefully and within a reasonable period of time, the difference between the price difference shall be calculated on the basis of the contract price and the cost of the sale or sale Based on the price paid.
If the sale has been demolished and there has been no sale or sale under Article 68, and where there is a fair price for the goods covered by the contract, the price difference shall be calculated on the basis of the price and the fair value at the time of the landing.
The price is determined by the price level of the goods in the place where the supply of goods should have occurred.
The injured party shall take reasonable steps to limit its damage. If he fails to do so, he will suffer for the loss himself.
The compensation may be adjusted if it is disproportionate, taking into account the potential for an obligation to anticipate and prevent the occurrence of injury and other circumstances.
The obligation to pay interest on the trade price or to any other fund that is not paid in time is laid down in the interest law.
If the goods are not collected or received at the right time, or if it is not handed over to the buyer on the other side of the buyer's side, and if the goods are controlled by the seller or may otherwise take care of it, the seller shall, on behalf of the purchaser, take Reasonable measures to take care of the goods.
If the buyer wishes to reject the goods received, he or she must take reasonable steps to take care of the goods.
If the purchaser wishes to reject the goods sent to him and to be kept at the place of destination, he shall take care of the goods, on behalf of the seller, if it is possible without payment of the purchase price and without excessive costs, and Unreasonable harm. However, there is no such obligation if the seller or someone else who can take care of the goods is in the place of destination.
If the party responsible for carrying out the goods has been retained for the account of the obligor and the maintenance of the custodian has been exercised in accordance with care, the party responsible for the care is not responsible for the goods after that, When the custodian has received it.
The appropriate party, which is obliged to take care of the goods on behalf of the other party, shall be entitled to reimbursement of the costs and other costs necessary for the care. He shall retain the goods until the compensation is paid or an acceptable guarantee is lodged.
A party which is obliged to take care of the goods shall be allowed to sell it unless, without significant costs or material injury, he may continue to take care of the goods or if the other party is unduly delaying the management of the goods, The payment of the purchase price or the reimbursement of care costs.
If the goods are susceptible to rapid destruction or deterioration, or where the care becomes prohibitively expensive, the goods shall, if possible, be sold.
When selling goods, care must be taken. Before selling, if possible, please inform the counterparty.
Where a party has a right or a duty to sell the goods in accordance with Article 76 but cannot be sold or it is obvious that the purchase price would not cover the selling costs, the party may order the goods in any other appropriate way. This is, if possible, before it is reported to the other side.
The proceeds from the sale and the otherwise of the goods, as well as the costs incurred, shall be borne by the counterparty. The surplus belongs to the other side.
The proceeds from the supply of goods prior to the date on which the contract is delivered belongs to the seller, unless it was justified to assume that the profit was due later. The proceeds from the goods after the delivery of the contract according to the contract shall belong to the purchaser, unless it was justified to assume that the profit was accrued earlier.
The trade in shares includes a dividend which is not due to be paid before trading, as well as the right to subscribe to new shares which could not be used prior to trade.
Trade-bearing trade includes interest which has accrued but not yet due to be due to the date on which the transfer is agreed. The amount corresponding to such interest shall be paid by the purchaser to the seller, in addition to the purchase price, unless the claim has been sold uncertain.
Where a declaration which the buyer is required to provide pursuant to Articles 23, 24, 29, 32, 35, 39, 47 or 61, has been sent in an appropriate manner, the consignor may rely on the notification, even if it is late, distorted or would not arrive. The same applies to the declaration which the vendor shall provide to the purchaser in accordance with Articles 52, 53, 59 or 61.
This Act shall enter into force on 1 January 1988.
This law repeals Articles 2 to 4 and 6 to 8 of Chapter 1 of the Commercial Code and Article 49 of the bankruptcy rule, Article 8 of Chapter 1 of the Act of Commerce, as amended by the Law of 13 June 1929. (237/29) .
However, before the entry into force of this Act, the existing law shall apply.
HE 93/86, lvhms. 13/86, svk.M. 256/86
