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CIVIL CODE OF THE KYRGYZ REPUBLIC

of January 5, 1998

(The last edition from 19-04-2019)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 5, 1997

Part II

Section IV. Separate obligation types

Chapter 23. Purchase and sale

§ 1. General provisions about purchase and sale
Article 415. Purchase and sale agreement

1. According to the purchase and sale agreement one party (seller) shall transfer goods to the possession to other party (buyer), and the buyer shall accept these goods and pay for it certain sum of money (price).

2. To purchase and sale of securities and currency values of provision, provided by this paragraph, are applied if the law does not establish special rules of their purchase and sale.

3. In the cases provided by this Code or other law, features of purchase and sales of goods of separate types are determined by the laws and other regulatory legal acts.

4. The provisions provided by this paragraph are applied to sale of property rights if other does not follow from their content or nature of these rights.

5. Are applied to separate agreement types of purchase and sale (retail purchase and sale, delivery of goods, power supply, sale of the company) of provision provided by this paragraph if other is not provided by rules of this Code about these agreement types.

Article 416. Purchase and sale agreement form

1. The purchase and sale agreement of real estate objects is signed in writing, is subject to state registration and does not require the obligatory notarial certificate.

2. The purchase and sale agreement of real estate objects is subject to state registration according to article 25 of this Code.

Article 417. The term of the contract about goods

1. Any things with observance of rules of Article 23 of this Code can be goods according to the purchase and sale agreement.

2. The agreement can be signed on purchase and sale of goods, available at the seller at the time of the conclusion of the agreement, and also goods which will be created or acquired by the seller in the future if other is not established by the law or does not follow from nature of goods.

3. The term of the contract of purchase and sale about goods is considered approved if the agreement allows to determine the name and goods quantity.

Article 418. Obligations of the seller on transfer of goods

1. The seller shall report to the buyer the goods provided by the purchase and sale agreement.

2. If other is not provided by the purchase and sale agreement, the seller shall report along with transfer of thing to the buyer of its accessory, and also the documents (technical data sheet, the quality certificate, the maintenance instruction etc.) provided by the law, other regulatory legal acts or the agreement relating to it.

Article 419. Completion date of obligation to transfer goods

1. Completion date to transfer by the seller of obligation goods to the buyer it is determined by the purchase and sale agreement and if the agreement does not allow to determine this term, then term is determined according to rules, stipulated in Article the 305th of this Code.

2. The purchase and sale agreement is recognized concluded with condition of its execution to strictly certain term if clearly follows from the agreement that in case of violation of term of its execution the buyer loses interest in the agreement.

The seller has no right to perform such agreement before approach or after the expiration of the term determined in it without the consent of the buyer and if the buyer did not refuse agreement performance.

Article 420. The moment of discharge of duty of the seller to transfer goods

1. If other is not provided by the purchase and sale agreement, obligation of the seller to transfer goods to the buyer it is considered performed at the moment:

deliveries of goods to the buyer or person specified to them if the agreement provides obligation of the seller on the goods delivery;

provisions of goods in the order of the buyer if the goods be transferred to the buyer or person specified to them in the location of goods.

The goods are considered the buyer when to the term provided by the agreement, the goods are ready to transfer in the proper place made available and the buyer in accordance with the terms of the agreement is informed on readiness of goods for transfer. The goods are not recognized ready to transfer if it is not identified for the purposes of the agreement by marking or otherwise.

2. Obligation of the seller to transfer goods in cases when the obligation of the seller on the goods delivery or transfer of goods in the place of its stay to the buyer does not follow from the purchase and sale agreement, to the buyer it is considered performed at the time of delivery of goods to carrier or organization of communication for delivery to the buyer if the agreement does not provide other.

Article 421. Obligation of the seller on preserving the sold property

1. When the property right (the right of economic maintaining or operational management) passes to the buyer before cession of property, the seller shall keep property to cession of property, without allowing its deterioration.

2. The buyer shall compensate costs necessary for this purpose to the seller if other is not provided by the agreement of the parties.

Article 422. Transition of risk of accidental death of goods

1. If other is not provided by the purchase and sale agreement, the risk of accidental death or accidental damage of goods passes to the buyer since the moment when according to the law or the agreement the seller is considered fulfilled the duty on transfer of goods to the buyer.

2. The risk of accidental death or accidental damage of the goods transferred to time of its stay in transit passes to the buyer from the moment of the conclusion of the purchase and sale agreement if other is not provided by such agreement or business customs.

3. The term of the contract that the risk of accidental death or accidental damage of goods passes to the buyer from the moment of delivery of goods to the first carrier upon the demand of the buyer can be nullified by court if at the time of the conclusion of the agreement the seller knew or shall know that the goods are lost or damaged, and did not report about it to the buyer.

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