Trubakov Є. Unconcluded civil contracts: definition, legal nature, legal consequences

Thereby the problem of the unconcluded contract, which is characterized by the inability to entail the legal consequences, should be considered in the plane of the jural facts and the defects of the elements of the structure of the jural fact. Theoretical analysis of the structure of the jural fact of a civil contract resulted in the conclusion that the defects in the elements of the structure of the jural fact lead to the void contract, meanwhile the absence of one or more elements lead to the contract's qualification as an unconcluded. During the determination of reasons for a contract's qualification as unconcluded, the influence of the form of the contract, state registration, notarization, transfer of property (or commitment of an action) in real contracts was researched and substantiated that the fact of contract's conclusion depends solely on approval of essential terms of the contract parties. Thus were made the suggestions to make the necessarily amendments to the Ukrainian legislature, in particular, to set that the fact of conduction of the state registration, notarization, transfer of property (or commitment of an action) in real contracts shouldn't be viewed as a condition for contract's conclusion, but as the necessary requirement for the contract to enter into the force.