TERMS OF IMPLEMENTATION OF INTERACTIONS WHEN CONDUCTING A RETAIL PURCHASE-SALE AGREEMENT

Abstract

This scientific article is devoted to the study of temporal dimensions in the regulation of relations regarding the conclusion and execution of a retail sales contract. It is indicated that the specifics of the subject allow this type of transaction to be distinguished from the environment of contractual relations regarding the transfer of property, which are regulated by general rules. In the work, special attention is paid to those legal norms of the corresponding section of the Civil Code, which cause ambiguous reactions among specialists. Thus, the uncertainty of the mechanism of Part 3 of Art. 700 of the Civil Code of Ukraine, which establishes the responsibility of the seller for unjustified failure to fulfill the obligation to check the properties or demonstrate the use of the product before its purchase. It is indicated that there is no causal connection between the offense and its legal consequence – the sanction. Proposals for the adjustment of the current legislation have been provided. Questions about the moment and place of transfer of goods under the retail sales contract have been clarified. This is especially important for cases when, according to the dispositive norm of Art. 704 of the Civil Code, the parties agreed on the delivery of the goods to the buyer. In this case, the seller is obliged to deliver it within the stipulated period to the place specified by the buyer, and if the place of delivery of the goods is not specified, to the place of residence or location of the buyer. Such delivery must take place within the period agreed upon by the parties. When the period of performance of this obligation is not specified in the deed, the goods must be delivered within a reasonable time. The legal situation surrounding the legal rule, according to which the buyer has the right to exchange a non-food product of inadequate quality for a similar product within fourteen days from the time of sale, is studied in detail. The conducted research made it possible to determine: the rule of Part 1 of Art. 707 of the Civil Code talks about the exchange of a thing, the defectiveness of which can be established immediately after its purchase, that is, in the presence of open defects. If the defect is of a hidden nature or is revealed only during operation, the buyer has the right to demand from the seller or manufacturer the replacement of the product with a similar product of appropriate quality or with the same product of a different model in the event that it is discovered by him during the warranty period or other periods established as mandatory for parties by the rules or the contract, defects not reserved by the seller.