Subject of the replacement contract Replacement of items!


Subject of the replacement contract

1. Replacement of items
 
The subject of the replacement contract may be different items. Depending on the arrangement of
 
the parties may conclude a contract for the exchange of ownership over one
 
against property rights over several properties. Obligations under the contract for
 
replacements may also be substitutable and non-movable, movable and immovable property, generic
 
defined or individually determined items, etc. Replaced items may be from
 
different type: moveable against immovable property, substitutable against a disposable item, individually
 
determined against a generic property, etc., in cases where the holder of the right of
 
ownership of the replaced items is the state and the municipality1, they find a special application
 
rules regarding the formation and expression of their will. Replacing a master item if
 
unless otherwise agreed, results in the transfer of ownership and its accessories.
 
If any of the replacements at the time of the conclusion of the replacement contract has been lost,
 
the contract will be void.
 
In a special case of substitution we will face the mutual transfer of ownership
 
on homogeneous substitutable objects of the same species. When the due date of the debts
 
both sides occur at the same time, there will be conditions for offsetting -
 
each of the borrowers will be able to demand a set-off of their obligation with that of the other.
 
These are two counter-obligations to provide homogeneous and substitutable items, each
 
one of which is required and liquid.
In cases where obligations have a different maturity, the relationship will resemble those of
 
Preliminary contract for a loan for consumption: one party undertakes to provide
 
a property in the possession of the other, which in turn undertakes after the expiration of
 
a certain period of time to transfer to the benefit of the first ownership of an item of the same type
 
the eligibility of such a Preliminary Contract is controversial in view of the real nature of the loan
 
for consumption, its effect will be achieved through the replacement contract.
 
Concluding a contract for the replacement of future items, including unpaid property
 
fruit, should produce its property right under the postponement condition -
 
the emergence of the future thing. The future thing may be the subject of the obligation of only one
 
party or both parties to the contract. In the first case,
 
the contract in respect of the consideration, having as its subject-matter property, may be
 
postponed by the parties to the time of the future property. The parties may have agreed
 
and vice versa - after a certain deadline, during which the future item is not
 
the occurrence of the partial transfer effect of the transaction is terminated.
 
A third option is also available, the replacement for whose transfer the transfer has been agreed
 
the future thing, take the risk of its non-emergence. In this case, the partial property law
 
the effect of the replacement contract on the available item is final.
Where the subject of both counter-claims is real rights over future property, the parties
 
may reach different arrangements in respect of each of them, depending on this
 
who takes the risk of not starting up any of the future items.


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Subject of the replacement contract Replacement of items! Subject of the replacement contract Replacement of items!