Publication date: 08.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
The contract for the supply of goods is one of the most important types of contracts in the field of economic activity. It regulates the relationship between the seller and the buyer regarding the supply of goods in a certain period and under certain conditions. This type of contract provides the parties with legal certainty and is a planning and control tool in the mutual relations of enterprises. In this article, we will consider the main aspects of the contract for the supply of goods, the legal norms governing it, as well as the importance of legal analysis of documents in the process of concluding and executing the contract.
Definition and legal regulation
A contract for the supply of goods is a type of contract of sale, which involves the obligation of the seller to deliver the goods to the buyer within a specified period and under the conditions specified in the contract, and the buyer to accept and pay for these goods. Legal regulation of the contract for the supply of goods in Ukraine is carried out, in particular, by the Civil Code of Ukraine (CCU) and the Economic Code of Ukraine (CCU).
According to Article 265 of the Civil Code, a supply contract is a contract under which one party (supplier) undertakes to deliver the goods within the stipulated time, and the other party (buyer) undertakes to accept and pay for the goods.
Basic conditions of the supply contract
Subject of the contract: The parties must determine a specific list of goods to be supplied, indicating the quantity, quality, assortment, etc.
Price and terms of payment: The price of the goods and the order of payment must be clearly defined in the contract. It is also important to foresee the possibility of price changes in the event of a change in circumstances.
Delivery terms: The delivery term is a key parameter of the contract.It must be agreed upon by the parties and clearly spelled out in the contract.
Terms of delivery: The parties must determine the place and terms of delivery of goods, as well as issues related to the transfer of risks.
Rights and obligations of the parties: The contract must contain clear provisions regarding the rights and obligations of each of the parties, in particular regarding the procedure for receiving the goods, its storage, etc.
Liability: In case of violation of the terms of the contract, the parties are responsible in accordance with the legislation of Ukraine and the provisions of the contract.
Legal analysis of contracts
Legal analysis of contracts is an important stage in the conclusion and execution of a contract for the supply of goods. Such an analysis involves checking the document for compliance with legislation, legal norms, as well as the interests of the parties.
The main tasks of the legal analysis of contracts:
Verification of compliance of the contract with the legislation: The lawyer analyzes the contract for its compliance with current regulations in order to avoid possible legal risks.
Analysis of the rights and obligations of the parties: The lawyer checks whether the rights and obligations of the parties are balanced in order to avoid conflicts in the future.
Verification of terms: The lawyer analyzes the terms of delivery and fulfillment of other terms of the contract to ensure that they are realistic and correspond to the interests of the parties.
Checking the order of payments: The lawyer checks the terms of payment and payment guarantees to avoid risks of financial violations.
Analysis of liability issues: The lawyer evaluates the liability provisions of the parties for breach of contract to ensure their fairness and balance.
Conclusion
The contract for the supply of goods is an important tool in the field of economic activity, which requires a careful approach and analysis. Legal analysis of documents by a lawyer, in particular contracts, plays a key role in ensuring legal certainty and effective functioning of the contract. Contacting a lawyer to analyze the contract for the supply of goods is an important step to avoid possible risks and ensure the effectiveness of contractual relations.
