The Specifics of the Transfer of the Exclusive Right at the Conclusion of the Contract of Sale of the Company

Abstract

The article discusses the issues of the composition of the enterprise, as well as the registration of the transfer of the enterprise as a property complex under a purchase and sale agreement and the exclusive rights included in it. The author notes that civil legislation does not regulate the specifics of concluding a number of civil law contracts, including the purchase and sale agreement of an enterprise, including the methods of identifying and exercising exclusive rights within the enterprise, as well as disposing of them. The doctrine also does not form a coherent, consistent scientific concept of the exercise and disposal of exclusive rights within an enterprise as a property complex used in entrepreneurial activities. In practice, difficulties also arise in connection with multi-stage registration: registration of the contract for the sale of an enterprise, registration of the transfer of ownership carried out by Rosreestr at the conclusion, amendment and termination of the contract for the sale of an enterprise. In addition, when the result of intellectual activity or a means of individualization is registered by the Federal Service for Intellectual Property, the Ministry of Agriculture or another authorized state body, the transfer of rights to such an object, their restriction, termination are also subject to state registration.