Anatiichuk V. Contract of sale of property rights to the construction object.

The thesis is devoted to a research of a concept of the contract of sale of property rights to the construction object, the development of scientifically based proposals on the improvement of legislation in the field of civil turnover of property rights. The main approaches to the understanding of property rights are considered, a comparative characteristic of the legal regulation of property rights in the European Union and CIS countries are carried out, the author’s definition of a purchase and sale contract of property rights to the construction object is proposed. The essential features of property rights to the construction object are substantiated: 1) independence; 2) ability to alienation; 3) ability to turnover; 4) possibility of monetary valuation; 5) ability to transform into real estate. The necessity of application of a negative way of division of things on movable and immovable is argued. Thus, movable things are all other things that do not belong to the immovable, regardless of whether they are tangible or intangible in nature.Based on the analysis of foreign civil law, it is stated that in most countries the legal status of things is fixed for the property rights and the possibility of their alienation is recognized, as well as the ability to be the subject of a contract of sale. One of the current trends in law of European states is detailing the legal regulation of the turnover of property rights under civil law agreements, primarily under the contract of sale.It is concluded that the contract of sale of property rights is a universal form of transfer between the participants of civil turnover of those objects of civil rights that do not have a tangible form. It is discovered that the contract is a kind of contract of sale, but has its own specific object, special subject composition, the procedure for concluding and executing the contract. The contract of sale of property rights to the construction object is consensual, bilateral, and repayable. The determinants of the contract are revealed: 1) objective: a) expansion of the range of objects of civil rights, b) prohibition of investment contracts in real estate construction, c) universality of property rights as an object of civil rights; 2) subjective: a) easiness of use of the contract in order to optimize taxation for the seller; b) clarity of the terms of the classical model of the sale contract for the buyer.The author’s definition of a purchase and sale contract of property rights to the construction object is proposed as an agreement according to which one party (buyer) directly or indirectly transfers or undertakes to transfer money to the other party (seller), and in return acquires the property rights to the construction object and the right in the future, after putting the construction object into operation, get the ownership of a separate real estate.