Termination and suspension of the contract

Termination and suspension of the contract

Termination of the contract by the seller. When the parties do not fulfill their obligations, the right arises to claim compensation, interest, performance in the contract’s kind, or termination.

In Article 737 of the Civil Code, the seller has the right to request the termination of the agreement in the following cases:
-When the non-fulfillment of the obligation by the buyer is essential for the deal,
-When the buyer does not pay the price within the deadline,
-When the buyer does not receive the items on delivery, even within the additional deadline set by the seller,
-When the buyer declares that he can not fulfill his obligations within the contractual period.
The seller loses the right to request the termination of the contract in the following cases:
-When the buyer fulfills the obligation to pay the price late if he does not request the termination of the agreement before becoming aware of the execution of the debt,
– When we are in conditions of non-fulfillment other than late non-fulfillment when the seller does not request the non-fulfillment within a reasonable time.
This reasonable time is in two moments:
– From the moment he received or should have been aware of the discrepancy,
– Since the end of the additional term,
From the moment when the buyer declares that he does not fulfill the other term’s obligation.

Termination of the contract by the buyer.
The buyer, as well as the seller, has the right to terminate the contract in the following cases:
-The delivery of the item is not done within the deadline specified in the agreement,
-Delivery is not made within the additional deadline made by himself,
-The seller declares within the term in the agreement or the other time that he can not deliver the item.

When the seller has provided the things late, the buyer has not requested the contract’s termination within a reasonable time. This term is not more than fifteen days from the day of delivery of the item;

When the various non-fulfillment of the delayed delivery such as the non-fulfillment in quality and quantity, again the term not more than fifteen days.
This term starts in two ways:
-From the moment you were informed or should have been informed about the non-fulfillment,
-From the moment of expiration of the additional term by the buyer.
The buyer may declare the contract partially terminated when the seller has brought a part of the items or a domain complies with the agreement.

Articles 743 to 745 of the Civil Code provide that: “If one party is late in paying the price or any other amount, the other party may claim interest without prejudice to the indemnity. The seller must return the price paid to the buyer even if the value has been reduced or impaired. If the value reduction or the damage comes from the buyer’s action, the benefit that the buyer has derived should be deducted from the amount”.

When the contract is terminated within a reasonable time after the seller has resold the items, he has the right to demand compensation for the difference between the price provided in the contract and the price in the resale contract when this price is in more aggravating circumstances than the first price.

Suppose the contract is terminated and the buyer has made another purchase to replace the item within a reasonable time. In that case, he may receive the difference between the contract price and the subsequent sale price.
Suspension of the sales contract.
In addition to the solution, the Civil Code provides for the suspension of the fulfillment of its obligations. If, after the termination of the contract, one of the parties will not fulfill the essential part of the responsibility for the following reasons:
-Because of a severe physical or material disability,
-Because of an inability to pay it,

Because of how the contract’s start and development is prepared, the seller has the right to object to the items’ delivery and if the buyer has a document or agreement that legitimizes his right to receive the items. If one party decides to suspend the contract, it must immediately notify the other party. If the other party guarantees the obligations’ fulfillment, then the party that has made the suspension is obliged to continue the contract’s completion.

From the work of this topic, I have concluded that:

1. The contract of sale is the oldest contract from Roman law to the present day. Before, it was the exchange contract that aimed at the exchange of goods in kind. The business of goods encountered difficulties because the producers did not always have the required goods. Thus arose the need for an equal value which was played by metal rods and then coins. This marks the birth of sales contracts.

2. The elements of a sales contract are the subject, object, and content. Another essential component of the sale contract is the price, without which we do not have a contract of sale but an exchange contract. But according to the case of the agreement is the deadline.
The contract subjects are the contracting parties, otherwise called the seller and the buyer, where the former transfers the property tax to the buyer, and the latter must pay the price to receive the item.
The object of the sales contract is complicated. The thing can be any item in civil circulation, in limited circulation, a right. Still, it can also be an item or a future right not materialized when entering the contract. Yet, which must be possible in the opposite case, he returns the contract invalid. The price must be fair, realistic, definite, or determinable.

3. The sale contract’s legal consequence is the transfer of ownership from the seller to the buyer. In Albanian legislation, concluding a deal is accepted as a general rule, but when the items are measurable, measurable, or countable, the ownership passes at the moment of delivery. Delivery of the object is of two types, actual delivery when the item is delivered in hand or ineffective when the article’s documents are given; it is offered to the carrier or post office when specified in the contract.

Components of the insurance contract

4. During the transfer of ownership, another problem is the loss or damage of the item. When the buyer’s transfer of ownership is lost through either party’s fault, the buyer is obliged to pay the price to the seller if otherwise specified in the contract. When the item is lost through no fault of the parties, and the seller is late, he is obliged to return the price to the buyer and the compensation for the damage, but it is the same, and when the buyer is late, he has to pay the seller the price and payment for the damage.

5. The seller’s obligations are to transfer the buyer’s right to ownership when he is the thing’s owner. Still, we also have exceptional cases when a contract is concluded with a reward, the object is movable, and there is trust. The second task of the seller is to deliver to the buyer the item of the contract within the specified time or at any time, determined by the parties but also within a reasonable time when the contract has ended must also provide the buyer for the peaceful enjoyment of the item free from third-party ownership. And one last task is to guarantee its quality and lack of its flaws.

6. The buyer’s obligations are to receive the item on time and in the manner specified in the contract and the obligation to pay the sale price.

7. Termination of the contract arises when the parties do not fulfill their obligations. The seller may request the termination of the contract if the non-fulfillment of the buyer’s responsibility is of particular importance for the deal when the buyer does not pay the price within the specified time when the buyer does not deliver items in the additional fixed-term or when the buyer declares within the deadline that he will not fulfill his obligations.

8. Termination of the contract by the buyer when the seller does not deliver the item within the term specified in the contract when delivery is not made within the additional period determined by him when the seller declares within the contract term or other time will not deliver the item.

9. The consequences of terminating the contract are that the seller must return the price and the payments and expenses made by the buyer. The buyer is obliged to return the item if the latter has not been lost or been damaged by the buyer’s activity. Otherwise, he pays the reward of damage.

10. Suspension of the contract is provided in the Civil Code. After the contract termination, one party will not fulfill its obligation due to physical or material incapacity in its capabilities due to the economic impossibility of payment or how it prepares to start and continue the contract. If the party guarantees that he will fulfill the obligation, the party that has suspended the agreement must continue the contract’s fulfillment.