Tranzyt rozliczany realizowany w ramach konstrukcji dwóch umów sprzedaży

Abstract

Cleared transit may be carried out within different legal constructions, including two functionally interconncted sale contracts of which one is concluded between the actual deliverer and the clearing transitor and the other between the clearing transitor and the actual receiver. The article presents the analysis of civil law relations between the participants of cleared transit, especially between the parties to each of the sale contracts. Special attention has been paid to specific features of sale contracts consulted in order to create formal frame of cleared transit (e. g. the problem of delivery and receipt of a thing within each of the sale contracts, the question of the transfer of ownership, the due time and payment of a price). An autonomous character of each of the sale contracts has been stressed, despite the existing functional connections. Besides, the author pointed out to the raising of claims against the actual deliverer on the basis of warranty (which in relations between the units of the socialized economy in some situations allows to address claims to the producer even by a person who was not the contracting party of the producer), guarantee and torts.