ПЕРЕДАЧА МАЙНОВИХ ПРАВ: ЗАПОВІТ ЧИ ДОГОВІР ДАРУВАННЯ?

Abstract

The article deals with the legal analysis and characterization of the essence of «public procurement» in the economic law of Ukraine. It is proved that in the doctrine of economic law of Ukraine there is still no single understanding of the conceptual concept - «public procurement». Also, in the legal literature, there are sharp discussions about whether public procurement should be considered as an institution of economic law. Little research in the outlined topic makes it relevant not only on the doctrinal but also on the law enforcement level.

The gift contract and testament are the tools that are used all the time in the relationship between close relatives and third parties when it comes to the transfer of property rights. However, as a rule, most people do not quite understand the difference between a covenant and a donation contract when it is more appropriate to conclude a gift contract and when writing a will.

Modern science of civil law of Ukraine is based on a series of works in which many aspects of the gift contract (T. Nikolaev, N. Meshcheryakova, I. Korobeinikova, V. Novikov) and testament (V. Halyuk, O. Pidoprigora, Yu. Zaika, Ye. Kharitonov, O. Startsev, O. Dzer, etc.). Despite the fact that the norms of the Central Committee of Ukraine have been in force for a long time, a thorough legal analysis of the expediency of applying a will or donation agreement in the context of transfer of property rights has not been conducted in Ukraine.

The purpose of the article is to analyze and compare the transfer of property rights under a gift contract or a will.

There is no single correct solution. If there are many inheritors and claimants inheritance, then a pre-contract of donation is guaranteed to ensure that the property is transferred to the property of the desired person, even with whom no family connection has been established. Pitfalls in the process of donation are only a momentary transition of ownership to the gifted, if there is reason to believe that such a gesture can be used for selfish purposes.

As for the will, it must be kept in mind that it may be revoked at any time. It should be remembered that the Civil Code also contains other alternatives. Thus, the gift contract with the obligation to transfer the gift in the future has commonalities with the testament that the party who is to receive the property does not acquire ownership of it immediately after the conclusion of the contract, as under a normal gift agreement.