Compravenda

Compravenda is a legal term referring to a contract of sale or purchase. It is a bilateral agreement where one party, the seller, obligates themselves to transfer ownership of a thing and deliver it, while the other party, the buyer, obligates themselves to pay a price in money for it. This contract is a fundamental concept in civil law systems, forming the basis of most commercial transactions.

The essential elements of a compravenda contract are the agreement on the thing to be sold and the price. The thing must be clearly identified and capable of being transferred. The price must be certain, or at least determinable, and usually expressed in monetary terms. Without these two elements, the contract is considered null and void.

Upon the perfection of the compravenda contract, ownership of the thing is typically transferred to the buyer, although this may depend on specific legal provisions regarding registration or delivery. The seller has a duty to deliver the thing sold and to guarantee against eviction and hidden defects. The buyer, in turn, has the duty to pay the agreed-upon price. Failure to fulfill these obligations can lead to legal remedies for the non-breaching party, such as demanding performance or seeking damages. Compravenda can apply to various types of property, including movable goods and real estate, with specific regulations often governing the sale of immovables.