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CIVIL CODE OF THE REPUBLIC OF UZBEKISTAN

The part two is approved by the Law of the Republic of Uzbekistan No. 256-I of August 29, 1996

(The last edition from 04-03-2019)

Part two

Subsection 3. Separate obligation types

Chapter 29. Purchase and sale

1. General provisions about purchase and sale
Article 386. Purchase and sale agreement

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).

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.

In the cases provided by this Code or other law, features of purchase and sale of separate types of goods are determined by the legislation.

The purchase and sale agreement of the automotor-vehicles which are subject in the procedure established by the legislation to state registration shall be notarially certified, except as specified, established by the Government of the Republic of Uzbekistan.

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

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

Article 387. The term of the contract about goods

Any things with observance of rules of Article 82 of this Code can be goods according to the purchase and sale agreement.

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.

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 388. Obligations of the seller on transfer of goods

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

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

Article 389. Completion date of obligation to transfer goods

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, - according to rules, stipulated in Article 242 of this Code.

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

Article 390. The moment of discharge of duty of the seller to transfer goods

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 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.

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 other is not provided by the agreement.

Article 391. Obligation of the seller on preserving the sold property

When the property right or other corporeal right passes to the buyer before cession of property, the seller shall keep property before transfer, without allowing its deterioration. The buyer shall compensate costs necessary for this purpose to the seller if other is not provided by the agreement of the parties.

Article 392. Transition of risk of accidental death or accidental damage of goods

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.

The risk of accidental death or accidental damage of the goods sold during its stay in transit passes to the buyer from the moment of the conclusion of the agreement if other is not provided by the agreement of the parties.

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