Business law II - Contractual obligations (Purchase contracts)

7 important questions on Business law II - Contractual obligations (Purchase contracts)

What is primarily governed by the German Civil Code BGB and what does it contain?

The German Civil Code BGB governs contracts for the sale of goods and contains general rules and special provisions relating to sales agreements.

What does section 433 in BGB tell you about issues in a sales of goods contract? What are some of the common issues in a sales of goods contract?

Section 433 in BGB gives solutions for most of the issues that may arise in a sales of good contract. Some of the common issues in a sales of goods contract are material defects, limitation of claims, guarantees and passing of risk.

What does section 433 para. 1 and para 2. Say about obligations in a contract of sale of goods?

Section 433 para 1. Talks about the obligations of the seller, which are to hand over the purchased good to the buyer, which has to be free from defects.

The buyer is according to section 433 para. 2 obliged to pay the seller the agreed price and accept the good purchased.
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What are the primary and secondary contractual obligations of seller and buyer? What is the relation between primary and secondary contractual obligations?

The primary obligation of the seller is to hand over the purchased good to the buyer without defects and where the good does what it is supposed to do. The primary obligation of the buyer is to pay  for the good purchased. If the primary obligation is not obtained by one of the parties or anything goes wrong that is when the secondary obligation kicks in. A secondary obligation kicks in in case of defects of the good or delay in delivery, where the other party can claim for damages.

What does essentialia negotii mean when conducting a contract?

Essentialia negotii are the essentials that has to be determined when conducting a contract. The essentialia negotii of a contract are the price, object to be purchased and the parties in the contract.
The rest e.g. Guarantee, payment method, time of payment etc. Can be found in the law and does therefore not have to be determined when entering into a contract.

What is the difference between main obligation and auxiliary obligation?

A main obligation is something you as a seller cannot avoid. When a customer asks for milk and eggs in the supermarket he gets it. An auxiliary obligation is taking the other party into consideration by showing good faith, cooperating and give advice and information.

What is the difference between a relative right and an absolute right?

A relative right is something that only binds and relates to certain parties. An absolute right applies for everyone. An ownership is an absolute right which means that everyone has to respect the ownership.

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