LIABILITY FOR NON-FULFILLMENT OF CONTRACTS ON THE TRANSFER OF PROPERTY INTO OWNERSHIP

Authors

  • N.P. KHRYSTYNCHENKO Kyiv University of Intellectual Property and Law of the National University "Odesa Law Academy", Kyiv, Ukrsine , Київський університет інтелектуальної власності та права Національного університету «Одеська юридична академія», м. Київ

DOI:

https://doi.org/10.32631/vca.2024.3.59

Keywords:

property transfer agreement, liability for non-performance of the agreement, property rights, civil turnover, purchase and sale, leasing, rent, exchange, rentlegal certainty, contractual obligations, financial sanctions, law enforcement, enforcement, mediation, alternative dispute resolution

Abstract

The article examines the features of liability for non-fulfillment of
contractual obligations on the transfer of property into ownership, which is an
important element of the legal regulation of civil turnover. The main types of
contracts on the transfer of property are analyzed, including purchase and sale,
leasing, rent, supply, exchange and rent. Special attention is paid to judicial
practice, which demonstrates different approaches to assessing violations of
contractual obligations, in particular to determining their materiality and
applying sanctions.
The problems of law enforcement are considered, in particular, the lack of
unified approaches to assessing the degree of violations, the possibility of abuse of
formal grounds for terminating contracts, insufficient detailing of contractual
terms and difficulties with the implementation of court decisions. Ways of
improving contractual regulation are proposed, which include detailing the terms
of contracts, expanding alternative dispute resolution methods, strengthening
liability for failure to fulfill contractual obligations and improving mechanisms for
the forced execution of court decisions.
The study confirms that improving the legal regulation of liability for
violation of contractual obligations is necessary to ensure legal certainty and
increase the level of protection of the parties in contractual relations. The
introduction of more effective liability mechanisms will help minimize legal
conflicts, improve contractual discipline and stability of civil turnover.

Downloads

Download data is not yet available.

Published

2024-12-28

How to Cite

LIABILITY FOR NON-FULFILLMENT OF CONTRACTS ON THE TRANSFER OF PROPERTY INTO OWNERSHIP . (2024). Bulletin of Criminological Association of Ukraine, 33(3), 636-647. https://doi.org/10.32631/vca.2024.3.59