Fraud or Breach of Obligation Arising from the Sale Agreement

Abstract

The separation of obligations arising from a sale agreement and fraud is still a topical and problematic issue. Over time, the methods of committing crimes by perpetrators are improving, new structures appear, through which they try to deceive other people and take possession of their property, while actively using civil legal transactions.

In practice, more than one case was studied, and an investigation was not even initiated into a certain part of them for the reason that there was a violation of obligations arising from a sale agreement, and not a crime. In making the above decision, attention was paid only to that part of the information obtained as a result of the statement of the potential victim and the interview with him, where the conclusion of a civil legal transaction was described. No one paid attention to the intention of the perpetrator to take possession of someone else's thing in advance. It is clear that each case requires an individual approach, but the presence of even one person who has suffered damage and who, in response to the application, received that his case does not contain signs of a crime under the Criminal Code and is a civil dispute case, is enough to reduce the trust of a certain part of society in law enforcement agencies, which ultimately leads to distrust and unwillingness to cooperate in other cases, which creates quite big problems in the conduct of criminal proceedings.

The paper analyzes the problems in practice related to fraud and breach of obligations arising from a sale agreement. The article discusses the important conditions (circumstances) that must be taken into account when drawing up agreements. In addition to the above, it reviews the important elements that must be taken into account when concluding a transaction.

The article focuses on the problem of distinguishing between fraud and breach of obligation arising from a contract of sale, both from a theoretical and practical point of view. Statistical data are discussed, which were obtained and processed in the process of working on the article.

The problem of distinguishing between fraud and breach of obligation arising from a contract of sale requires the development of legislation in accordance with the requirements of the 21st century and the constant improvement of legislation by the state.