How to terminate a sales contract if the buyer has not fulfilled his obligations? On what grounds and within what time after conclusion can the seller do this?
According to Article 406 of the Civil Code of the Republic of Kazakhstan (Special Part), when concluding a purchase and sale agreement, the seller undertakes to transfer property (goods) to the other party - the buyer, and the buyer undertakes to accept this property (goods) and pay a certain amount of money (price) for it. Thus, the main obligation of the buyer under the purchase and sale agreement is to pay the price of the goods.
Clause 3 of Article 439 of the Civil Code grants the seller the right to demand that the buyer pay for the goods in court and pay a penalty for using someone else's money. If the seller does not wish to exercise this right, then in the manner provided for in Article 401 of the Civil Code of the Republic of Kazakhstan (General Part), it is possible to demand termination of the sale and purchase agreement in court.
According to paragraph 2 of Article 401 of the Civil Code, at the request of one of the parties, the contract may be amended or terminated by a court decision only in the event of a material breach of the contract by the other party or in other cases provided for by legislative acts or the contract itself. A material breach of the contract by one of the parties is considered to be one that entails such damage for the other party that it is substantially deprived of what it was entitled to expect when concluding the contract. A breach by the buyer of its obligations to pay for or accept the goods is certainly a material breach of the contract.
Before filing a claim in court, it is necessary to send the buyer a written offer to terminate the contract. The fact of sending such a request must be recorded (for example, a letter with a list of attachments and a delivery confirmation). The offer must specify the deadline for a response. In the event of a refusal from the buyer or failure to receive it within the period specified by you, or if the period was not specified, then within thirty days, you can file a claim in court to terminate the purchase and sale agreement and reclaim the sold goods from the buyer, if this property is in his possession.
In accordance with paragraph 1 of Article 178 of the Civil Code, the general limitation period is set at three years. The seller must apply to the court with a claim for termination of the contract within three years from the date on which the payment period for the goods expired. If the payment period for the goods was not specified in the contract, the limitation period will be calculated from the day on which the seller presents the buyer with a demand for payment.