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Sale and purchase
JUDr. Pavel Koukal, Ph.D.
pavel.koukal@law.muni.cz
Assistant professor, MU, Faculty of Law
October, 2010
•General definitions
•Obligations of the seller
•Obligations of the buyer
•Acquisition of the title
•Liability for defects

¢General definitions
¢legal relationship vs. acquisition of the title
—sale and purchase vs. contract of sale
¢subject matter of the sale
—movables
—immovables
—tangible assets
¢purchase price
—advanced payment
—payment with the delivery
—payment after the acquisition of the property
¢
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¢
¢Civil Code
—non commercial contracts
—Art. 588  and subsequent provisions
—sale among private persons
¢Commercial Code
—commercial contracts
—Art. 409 and subsequent provisions
—sale between bussiness companies or private enterpreneurs
¢
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¢Obligations of the seller
—transfer of the property
—specific time
—without undue delays
—immovables – application to the Cadastre Office
—
—
¢
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¢Obligations of the buyer
—pay the purchase price
¢full amount
¢installtments
¢cash/bank trasfer
—
—taking delivery of the subject matter
—
¢
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¢Other Applicable Provisions
—retention of the title
¢
—preemption right
—
—repurchase right
¢
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¢Liability for Defects (1)
—quality
—quantity
—
—warranty period
—notification
—
—legal defects
—factual defects
—
—
¢
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¢Liability for Defects (2)
—factual defect
¢remediable
¢irremediable
¢
—discount from the purchase price
—repair
—withdraw from the contract
—
—legal defects
¢remedy of legal defect
¢withdraw from the contract
—
¢
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