Delivery of the Sold Item between Legal Texts and Practical Application in the Contract (A Comparative Study)

Abstract

Delivery of the sold item to the buyer means the seller, or their representative, relinquishing possession of the item and its accessories, placing it at the buyer's or their representative's disposal, and enabling them to take possession without any impediment, in the same condition it was in at the time of the contract's conclusion. To understand how the sold item is delivered from the seller to the buyer, it is necessary to define delivery. Delivery refers to the item of sale agreed upon in the sales contract, as well as its accessories. The party obligated to deliver the item to the buyer is the seller. The item being delivered may be real estate, movable property, or an intangible right. If the item being delivered is real estate, the seller must relinquish it to the buyer, or, if it is a building, by handing over the keys. If the item is movable property, delivery is effected by handing it over, or by handing over the keys to the box, cupboard, apartment, house, or other place where the movable property may be stored, or by any other customary method. If the item is located in a public warehouse at the time of sale, the transfer or delivery of its deposit certificate, or a shipping or transport slip, serves as proof of delivery.  Delivery is valid unless that certificate or ticket is in the name of the seller. If the object of the sale is merely an intangible right, then delivery of intangible rights, such as the right of way, is done either by delivering the documents that prove their existence, or by the buyer’s use of them in a way that satisfies the seller. If the use of intangible rights requires possession of a specific thing

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