The barter agreement is ... How is the barter agreement for an apartment, car or land plot made?

One of the most common transactions between citizens is a barter agreement. This may be the exchange of real estate, and the exchange of some small items. Of course, such a contract is also used between legal entities. The rules for drawing up and concluding this document are regulated by the civil legislation of Russia.

The difference from the previous legislation

The Civil Code of the RSFSR, which was in effect before the adoption of the current code, contained the concept of a barter agreement in just one article. In the new legislation the barter agreement (car, real estate, other property) is regulated by five articles, new provisions have been added, previously absent.

So, earlier the legal relations arising as a result of barter were regulated by Article 255. In particular, it was said that as a result of the contract under discussion between its participants there is an exchange of a certain property for another. Civil legislation of the RSFSR to me applied several rules governing the purchase and sale. A participant who concluded a barter agreement for an apartment or something else was also the seller of the item that he was giving, and the buyer of the thing that was transferred to him in the ownership. In addition, the circle of subjects of the treaty in question was significantly limited due to the fact that in situations in which the party (or both) were state organizations, it could only be carried out in cases directly established by the legislator.

The concept of

What is a barter agreement? This definition is enshrined in Article 567 of the Civil Code. Under this concept, the mutual obligations of the participants in this legal relationship are concluded, consisting in the transfer of certain property from one side of the other in exchange for some other property. In this case, the word "other" is used twice in this definition. The first time it refers to the subjects of the contract, that is, to the participants, the second time - to the object.

In addition to the definition in question, the term "exchange of goods" is found in the normative act governing civil legal relations, as the title of Article 502. This norm is devoted only to one of several possible results arising in the process of buying and selling goods that are not food.

The definition of the barter agreement, established in the earlier valid code, is different from the concept that defines this treaty now. Therefore, some of the allegations that the barter agreement of a land plot or some other object is traditional and consistent with the old legislation is erroneous. The concept of barter in this Civil Code is a novel.

Mena in housing relations

The exchange of such property as living quarters is a special type of civil legal relationship. The contract of barter of an apartment or other real estate is regulated by the housing legislation of Russia. In practice, such an exchange is carried out with the help of specialized organizations, agencies, although it can be implemented without them. The norms of housing legislation provide that the tenant and the persons residing with him can exchange their dwelling for another belonging to another employer. Such a procedure can also be made between members of housing cooperatives. At the same time, the right to such an exchange is not limited to the boundaries of a single settlement, that is, the parties to the treaty may reside in different cities, and the objects, respectively, may also be located in different localities. The order and rules under which the real estate exchange agreement is being implemented are set out in the Housing Code.

Wrong application of the term

It is noteworthy that in modern Russia there are many so-called exchange points that allegedly exchange various foreign currencies for Russian rubles. However, in fact, such transactions are not exchange, but are considered a purchase-sale. The only thing that can be attributed to me is the practice of exchanging old foreign currency banknotes for newer ones with the receipt of a certain commission for this operation .

Application of the rules on sale and purchase

Although the chapter of the Civil Code on the exchange of real estate or movable property establishes that certain rules can be applied to it for sale and purchase, it is also explained that such rules are not required to be in contradiction with this chapter and in general with substance Exchange. For example, such can include articles that involve the payment of any product or product. It is known that money does not mean and is not accompanied by monetary calculations. The only exception are the situations in which objects of property are exchanged, different in value. Then, accordingly, a surcharge is made in the price.

Commodity transaction

The possibility of applying the rules regulating purchase and sale to the extent specified by law is explained by the similarity of these legal relationships. Mena, as well as buying and selling, is considered a commodity transaction. However, its distribution is not so great. This is due to various difficulties both in the performance of the contract and in its execution. The definition of the goods is also given by the legislator in civil law. By him are meant any things, but only not withdrawn from civil circulation. If an object falls under this definition, then it can be alienated. An example of when a contract is being negotiated is the situation between the Russian government and the Menatep Bank, which occurred in 1996. Then the latter received a stake in several oil companies, and in return gave the government a stake in the organization's share capital.

Treaty barter. Legislative regulation

It should be noted that, together with the provisions established in the article on the barter agreement, certain rules on this relationship are established in the Civil Code with the aim of regulating other relations, among which are the pre-emptive right to purchase, disposal of the property of the ward, the grounds for acquiring property rights, and some others. The provisions applied to the treaty in question are contained not only in the Civil Code, but also in other normative acts. So, according to the Law on Competition, it is forbidden to perform any actions, issue acts that will establish certain bans on the exchange, purchase, sale of some goods from one region (the krai, city, etc.) to another region.

Barter transactions

An example of another document regulating the commodity exchange agreement may be the federal export development program, which was established by the government. According to this document, barter contracts concluded with foreign persons for exporting excisable goods abroad are one of the measures of economic incentives. Under barter contracts, a barter contract is implied, this term is often used in civil turnover, and even more so in foreign trade.

The definition of such foreign trade operations in today's time is of considerable interest. The term of such legal relations is set forth in the Decree of the President of Russia, which is called "On the State Regulation of Foreign Trade Barter Transactions". Thus the attentive person at once will see significant differences from the concept offered by the Civil code. In accordance with the Decree, these transactions are understood as contracts concluded when carrying out foreign trade activities, which provide for the exchange of goods of the same price, products, services and others. The normative document at once emphasizes that if in the course of execution of transactions monetary payments will be used, then such contracts and contracts will not be barter.

Essential terms of barter transactions

In the specified legal act in general form objects of barter transactions are named. Such a generalization and indication is not available in the Civil Code. The presidential decree refers barter transactions to a bilateral barter agreement, at the same time it requires the definition of essential terms in the contract, to which:

• The cost of each unit of the product, its quality, quantity and nomenclature, terms and conditions of import, export;
• List of services, works, results of intellectual activity, price, terms of execution, as well as the time for granting such works or services, the moment of transfer of rights to the results of intellectual activity;
• A list of documents to be transferred to the Russian side, on the basis of which the fact of the performance of services or works will be confirmed, the rights to the results of intellectual activity.

The parties to barter deals are a Russian person and a foreign one.

Prices and expenses

The Civil Code establishes dispositive rules that are of a double kind with respect to the expenses of the parties under the treaty in question. In the first case, the norm of the law extends to the exchange of property, identical in price, in the second, the rules determine the costs for the exchange of unequal goods.

The legislator assumes that the goods exchanged are equivalent. However, in the agreement concluded between the parties it is possible to include a slightly different condition. Participants in the transaction have the right to depart from the text of the law, including, for example, in the barter agreement of a land plot or other property, its decision on how the transferable property will be transferred, how costs will be reimbursed. The law in this case is not forbidden to refer to similar expenses the cost of registration of title documents, transportation prices. This can also include the registration of the barter agreement. In practice, with a change made between citizens, the option is spread, in which the costs of accepting the property coming into ownership are assigned to the party to whom it enters. Sometimes citizens divide such expenses in half.

Compensation for disparity

In those situations when the goods exchanged are not equal in value, then, naturally, the participant receiving the more expensive thing is liable to pay the difference to his counterpart. However, it should be noted that such additional payment can be made not necessarily in cash. Parties have the right to establish in the contract and other options for co-payment, a different procedure for compensation. For example, if a car is contracted for another vehicle, but more expensive, the bargain participants can agree that the surcharge will be made in money, and may agree on compensation, for example, with auto parts or some other property.

Terms of exchange

The legislator does not set any specific time limits for the exchange of property. Including such conditions are absent and applicable to the one-stage transfer of property by both parties. One side can transfer the goods today, another after some time, determined by agreement. However, the rights of the party that transferred the property first are protected by law. In particular, the protection of the interests of such a party is regulated by the standard 328 CC. This article describes the conditions under which the first party can stop the performance of its obligation or completely abandon such performance, and on top of everything else and demand compensation for damages. Such conditions include the failure of the counterparty to perform the obligation, as well as all kinds of circumstances that can directly indicate the fact that such an obligation will not be fulfilled in time.

Property rights

A barter agreement is one of the possible grounds for the emergence of the right of ownership of an object, thing, etc. From the moment of the exchange of property, or more precisely, after the performance by both parties of their obligations under the barter contract, the ownership of the received property comes. At the same time, the legislator enables the parties to establish other conditions for determining the moment of transition and the creation of this right.