To Claim Goods

Goods

Article 658. The Right to Sell Goods

Article 657. Form of Separate Types of Sales contracts

Article 655. Sales Contract

General Provisions of Purchase and Sale

Chapter 54. PURCHASE AND SALE

Sub-section 1. CONTRACTUAL OBLIGATIONS

SECTION III. SEPARATE TYPES OF OBLIGATIONS

CIVIL CODE OF UKRAINE

G) Agreement not expressly declared void

h) Certainty of meaning: When terms and conditions are not clearly defined. Both the parties should have clarity of contract.

i) Possibility of performance: Case which is not really possible a contract cannot take place contract cannot come into existence unless until activities are not possible.

j) Legal formalities: Hand written documents, stamps or signatures etc are must for a contract. If legal formalities are not fulfill it will not be considered as a valid contract.

January 16, 2003

1. Under a sales contract a party (a seller) shall transfer or take an obligation to transfer property (goods) into possession of the other party (a buyer) and the buyer shall accept or

take an obligation to accept the property (goods) and to pay a certain amount of money for it.

1. A sales contract of a land parcel, an integrated property complex, a residential building/flat or other real estate shall be concluded in writing and subject to notarization and state registration.

1. The right to sell goods shall be vested with the owner of the goods, except for the cases of forced sale and other cases established by the law. In case the goods’ seller is not its owner, the buyer shall acquire the ownership right only in the case the owner has no right to claim its

return.

Article 659. The Seller’s Obligation to Warn the Buyer about Third Persons’ Rights in

1. The seller shall be obliged to warn the buyer about all the right of the third person in goods being sold (tenant’s rights, pledge right, lifelong use right, etc). In case of violation of this

requirement the buyer shall have the right to claim the price reduction or termination of a sales contract, unless he was aware and could be aware of the third persons’ rights in goods.

Article 660. The Buyer’s and Seller’s Obligations in Case of the Third Person’s Law Suit

1. If on the grounds that arose prior to the goods’ sale, a third person brings a law suit to claim goods, the buyer shall be obliged to notify the seller thereto and to submit a petition on involving him to participate in the case. The seller shall have to enter the case on the buyer’s

side.

2. If the buyer did not notify the seller about a third person’s bringing a law suit to claim goods,and did not submit a petition on involving the seller to participate in the case, the seller shall bear no responsibility to the buyer, in case the seller proves that by taking part in the case he

could prevent taking away of the sold goods from the buyer.

3. If the seller was involved to participate in the case but evaded it, he shall have no right to prove that the seller unduly pleaded a case.

Article 661. The Seller’s Responsibility in Case of the Goods’ Appropriation from the

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