As the definition given in the introduction to the law shows, the purpose of a buy-in contract is “a mobile asset.” Although the TCO system refers to the existence of a sale of a personal asset when a debt, economic or intangible asset is sold in instalments, it is not technically possible to speak of the existence of a futures purchase contract4. Articles 253 and following of the TCO also do not apply to intangible rate sales (brands, patents, industrial designs)5. In addition, Section 253/I of the TCO does not cover the execution of staggered work. Rather, the use of a temperable contract is a good strategy if one or more of the following circumstances apply: the parties agree on staggered payments of sufficient amount and frequency to induce the seller to remove the seller from the market and to cover the seller`s deposit costs (property taxes, etc.) for the continuation of the ownership of the property. At some point, a hot air balloon payment must be made to complete the purchase. In the event that the buyer does not provide the payment, the seller`s corrective measures are limited to the termination of the tempered contract. The risk of the conservation organization would be limited to the forfeiture of the sums already paid from the date of termination. While the catch-up sales contracts under the credit sales contracts were governed by only two sections of the repealed law, sections 253 to 263 of the TCO specify this. Despite the inconvenience to the buyer with regard to the nature of credit sales, the prevalence of temperance sales contracts has led, in practice and due to economic needs, to regulate this type of sale in accordance with the mandatory detailed rules9. A temper-catching method allows the capital gain to be partially deferred over future fiscal years.
Temperamental sales require periodic payments or annual payments, plus interest, on payments in subsequent years. Another potential benefit of a tempered agreement missing the seller`s repayment of financing is that, in the unfortunate event that expected third-party financing does not occur, the parties may tacitly terminate the transaction by recording a termination of the term contract – no need for a seizure or lockout instead of a forced execution. Rate sales and credit sales are quite similar. Each is a form of credit that is an opportunity to deliver the goods and pay for the goods at a later date. However, there are two important differences between rate and credit sales: repayment and guarantee time. While a credit sale is a short-term deferral option, a forward sale is usually spread over many years. The collateral refers to the type of assets used to secure credit. Section 253/I of Section 253 contains a definition of the forward sale: “[a] forward sale is a sale in which the seller agrees to deliver goods to the seller before the sale price is paid to the buyer, and the buyer agrees to pay the sale price in part.” Delivery to the buyer before payment of the sale price: Section 253 of the TCO mentions the “delivery” of the mobile goods. The transfer agreement in a way other than the surrender of the property does not affect the qualification of purchase by tranche of the contract.