Transfer of Ownership Rights to Goods

When you acquire a product, your goal is to obtain ownership of it. This determines your ability to own, use and dispose of the acquired property, to receive from it any benefits. In this regard, you need to know at what point it becomes yours. Transfer of ownership of goods in accordance with clause 1 of Article 223 of the Civil Code of the Russian Federation occurs from the moment of transfer.

The transfer of goods is understood as the delivery of a thing to its acquirer, or delivery to its carrier for transportation or delivery to a communications institution for delivery to the acquirer. That is, the transfer of ownership of goods can be carried out at the location of the goods, at the location of the buyer, as well as at the time of transfer to the carrier or to the office of communication.

In the contract, the moment of transfer of ownership of goods, which differs from the general one, can be prescribed. For example: after payment of the entire amount for the goods, part of the amount, at the time of the occurrence of an event, at the time the goods arrive at the warehouse, etc.

When making transactions, there may be some peculiarities in the moment of transfer of ownership. Let us consider several such features.

1. When the owner changes to real estate, state registration must be carried out. The ownership of the goods passes after this. Negative point is that after the conclusion of the contract and before the state registration, no one has the right to dispose of real estate. Rent of real estate for rent can be regarded as unjust enrichment.
2. Under the barter agreement, the transfer of ownership of goods occurs after the mutual fulfillment of the obligation to transfer the goods. This means that even if the goods have already been transferred by one party, and the second is not, then the transfer of ownership does not occur. This also means that the person who received the goods does not have the right to use it and receive any benefits. An exception is the exchange of real estate, as there is a state registration.
3. Contributions transferred to the authorized capital shall be transferred to the ownership of the enterprise from the moment of their introduction and state registration of the enterprise. A real estate since its state registration.
4. Transfer of ownership of goods can occur after payment. Often used in connection with the fact that the buyer can not pay all the costs at a time.

Depending on the payment, you can consider four situations of transfer of ownership.

- The goods are transferred to the buyer, not paid, but on the basis of the contract, the ownership right passed to the buyer at the time of transfer.

- The goods are transferred to the buyer, not paid for and on the basis of the terms of the contract by the owner until the moment of payment is considered the seller. In such a situation, the buyer has no right to extract any benefits from its use.

- The goods have not been transferred to the buyer, but they have been paid for in advance. The goods are with the seller and remain in his possession, according to the contract, until the transfer. In such a situation, the risk of accidental death, as well as storage costs, is borne by the seller.

- The goods are not transferred to the buyer, but are paid in advance. At the same time, it is the property of the buyer from the moment of payment of the goods, according to the contract.

In the Tax Code of the Russian Federation , the sale of goods is understood as the transfer of ownership to the buyer. This means that for tax purposes, the goods are not sold until the transfer of ownership to the buyer, regardless of whether it is shipped to the buyer or not. If the goods are paid for, and it belongs already to the ownership of the buyer, but is located with the seller, the selling price forms a tax base.