Peculiarities of the subject of the contract for the sale of future real estate object

Abstract

The article examines the peculiarities of the subject matter of a new contract for the sale of future real estate and its qualifying features. The author emphasizes that the new contractual structure, as well as the specifics of obligations in this area, have not yet been studied by representatives of the national scientific community.
The main attention is paid to the characteristics of the subject of the contract. The author proves that it is appropriate to consider the combination of actions and the object of their influence as the subject of the contract under study, which in its totality helps to fully demonstrate the content of the obligation and understand the orientation of the interests of the subjects of the transaction.
The article also examines other peculiarities of the subject of the specified sales, which are due to the specificity of its object contract. According to the analysis of the future real estate object’s marketability and the legislatively enshrined general mechanisms for acquiring the right of ownership, the author proposes to amend Article 13 of Law No. 2518-IX by excluding the provision on the seller’s provision of transfer of the real estate object to the buyer after commissioning of the completed construction object.
The author concludes that the subject of the contract under study is both the actions performed by the parties in the process of execution of the transaction and the object of their influence which tends to change depending on the stage of performance, and the legally enshrined name of the transaction under study does not mean that all traditional, mandatory attributes of a sale and purchase agreement are extended to obligations regarding the future real estate object.