Contract for the sale and purchase of boats between private parties
First of all, before proceeding to the purchase of a boat, there are a series of aspects that we must take into account, among them, is the purchase contract that governs all those sales of second-hand boats/boats between individuals.
The contract of sale of pleasure boats is the document proving the ownership of the boat in question. We can qualify it as the document that proves the ownership of our acquisition, besides being an indispensable requirement at the time of proceeding to carry out the opportune transfer of property of the boat before the corresponding maritime administration. In this sense, special consideration should be given to the existing obligation to proceed with the change of ownership/ownership of the vessel within a period not exceeding three months from the date of completion of the contract of sale.
The contract of sale between individuals of a second hand boat must contain all the appropriate stipulations, in addition to the identification of the parties, and data of the boat. From the nautical legal office Leuba Mazcaray, we can help you in the advice during the whole process of purchase, besides offering services of drafting of contracts to measure for all type of sales and maritime charters according to the circumstances of our clients.
The object in the sale and purchase of a ship will include, unless otherwise agreed, its integral parts and belongings, although it may also include its accessories. This is established in article 117 of the law of maritime navigation, and it must also be in writing under article 118 of the aforementioned law. We can define as integral parts of a vessel, all those that constitute the structure of the vessel (for example, the deck), and the belongings, as all those intended for the permanent service of the vessel that do not integrate its structure (for example, the sails and their rigging). Therefore, it is of vital importance to draw up a detailed inventory listing and identifying all the items included in the vessel.
Special consideration should be given to article 1445 of the Civil Code, which states the following:
- "By the contract of purchase and sale one of the contracting parties undertakes to deliver a certain thing and the other to pay for it a certain price, in money or a sign representing it".
- Thus, one of the parties "the seller" is obliged to deliver the vessel, and the other "the buyer", to pay a certain price.
It is a consensual and onerous contract, in which the contracting parties may establish the covenants, clauses and conditions they deem convenient, as long as they are not contrary to the law, morality or public order. This by virtue of article 1255 of the Civil Code, which establishes the principle of the autonomy of the contractual will.
Consequently, and in relation to a complaint derived from the breach of the contract of sale of a pleasure boat, from the nautical legal firm Leuba Mazcaray, we can advise you and manage your interests in all kind of claims derived from the sale of a boat. In this sense you can see other articles of ours in relation with this type of conflicts as the following one: complaint for hidden defects of a pleasure boat.
Finally, and by virtue of the exposed thing it is of vital importance to make sure of the state of the boat in all its aspects. From a physical analysis of the boat to the verification of the legal status of the same, making sure that there is no charge, lien or charter in force, a fact that we must ensure to avoid a possible dispute and avoid filing in a possible case, a possible claim arising from the liability for eviction, since the seller will be obliged to respond to the legal and peaceful possession of the boat sold, establishing the obligation for the seller of the corresponding sanitation.
From the nautical legal office Leuba Mazcaray, we can advise you and defend your interests in all this type of processes, and in all those derived from the recreational nautical maritime field.