What are the essential elements needed for the contract of sale to be formed? A comparative study of legal regulation in terms of the conclusion of the sales contract under the continental and common law legal systems with the focus on the legislation of Latvia, Germany, Russia, and the United States of America

Abstract

Today, the sales contract is the most common type of contract of civil and commercial circulation. The movement of material goods in commodity form, which is the basis of any legal obligation, in the contract of sale appears in the purest form and represents direct content. The work is aimed at studying civil and commercial law relations regarding the analysis of the legal regulation of the conclusion of the contract of sale, in particular, the author carefully examines the elements inherent in this category of contracts, the so-called essential conditions, the agreement of which the parties are required for the occurrence of obligations to each other. The work has an important practical and theoretical significance: there is still no scientific work or research that has been so thoroughly analyzed and disclosed analogous and distinctive elements, which are essential for the formation of sales contracts on the example of just such a combination of countries, which also determines the scientific novelty of the thesis. This study can serve as both practical and academic guidance for those planning to conduct commercial (entrepreneurial) activities in these countries, for those engaged in scientific activities in the educational process and in the work of law-making bodies. The main problem that determines the choice of the topic by the author is the question of what changes should be made to the current Latvian legislation in order to improve and simplify the mechanism of regulation of commercial relations due to the process of concluding a sales contract.As a result of the analysis, shortcomings in the current legislation were identified and possible solutions to conflicts arising in the process of law enforcement were proposed.