Payis an important part in implementing the contract between the parties. When making a transaction, payment ensures that the seller has fulfilled its obligations and the buyer accepts to pay the seller. So is there any case where the buyer can stop paying for the purchase without being considered a breach of contract?

CSPL: Articles 50, 51, 54, 55 of the 2005 Commercial Law

1. The buyer’s obligation to pay for the goods

– The buyer has the obligation to pay for the purchase and receive the goods as agreed.

– The buyer must comply with payment methods and make payments according to the agreed order and procedures and according to the provisions of law.

– The buyer must still pay the purchase price in case the goods are lost or damaged after the time the risk is transferred from the seller to the buyer, except in cases where the loss or damage is caused by the seller’s fault.

2. Place and time of payment for purchases

– In case there is no agreement on a specific payment location, the buyer must pay the seller at one of the following locations:

+ The seller’s business location is determined at the time of contract conclusion. If there is no business location, then at the seller’s residence;

+ Place of delivery or delivery of documents, if payment is made simultaneously with delivery of goods or delivery of documents.

– Unless otherwise agreed, the payment term is specified as follows:

+ The buyer must pay the seller at the time the seller delivers the goods or documents related to the goods;

+ The buyer has no obligation to pay until the goods can be inspected in case of agreement.

3. In what cases can the buyer stop paying for the purchase?

– Unless otherwise agreed, suspension of payment for purchases is stipulated as follows:

+ If the buyer has evidence of the seller’s deception, he or she has the right to suspend payment.

+ The buyer has evidence that the goods are the subject of a dispute and has the right to suspend payment until the dispute has been resolved. In this case, if the evidence provided by the buyer is not authentic, causing damage to the seller, the buyer must compensate for that damage and be subject to other sanctions according to the provisions of the Commercial Law.

+ If the buyer has evidence that the seller has delivered goods that are not in accordance with the contract, he has the right to temporarily suspend payment until the seller has corrected that non-conformity. In this case, if the evidence provided by the buyer is not authentic, causing damage to the seller, the buyer must compensate for that damage and be subject to other sanctions according to the provisions of the Commercial Law.

Thus, in case the buyer discovers that the delivered goods have errors or are not in accordance with the agreements in the contract. The buyer has the right to temporarily suspend payment of goods to the seller if there is evidence proving the seller’s fault. However, in this case, if the evidence provided by the buyer is not authentic, causing damage to the seller, the buyer must compensate for that damage and be subject to other sanctions according to the provisions of the Commercial Law.