TEMPORAL CHARACTERISTICS OF MATERIAL OBLIGATIONS

Abstract

This scientific work is devoted to the study of the procedure for concluding a civil contract as a determining legal fact that forms the content of the legal relationship in the form of subjective rights and legal obligations of contractors. The article focuses on the temporal factors of this process. It is emphasized that the terms of concluding the contract – counter contractual and procedural actions to develop conditions and legal registration of the contract as a legal act, are organizational in nature. Thus, the conclusion of the contract by performance of certain actions also establishes time limits of its validity as in this process both the period of the conclusion, and duration of action of the transaction is defined. It is emphasized that the procedure for concluding agreements determined by private law is an established legal and logical sequence of stages of establishing civil rights and obligations based on concerted actions of persons directed towards each other and expressed in various ways of agreeing on the content of the contract. The temporal dimensions of the proposal on the terms of the contract (offer) and the mechanism of its approval (acceptance) are analyzed. The mechanism of entering into contractual relations, introduced by the current legislation for business entities, has been studied separately. The comparative analysis of separate agreements is carried out in the work, proceeding from the time when their action begins. This term is determined either by a specific moment, established by the parties or normatively, or by the commission of a certain transaction. The latter agreements are called real, and in order for them to enter into force, the law provides for the need to transfer property or perform some envisaged action. The obligation of such action may be stipulated in the transaction or it may appear from the moment of presentation of the claim by the buyer, when the contractors have not determined the term of the obligation (Part 2 of Article 530 of the CCU). Thus, the time coordinates of the commission of certain actions are determined. Failure to comply with these dimensions entails the inconsistency of the transaction, and therefore the emergence of relevant rights and obligations. At the same time, to a greater or lesser extent, there is an indication of the time of realization of the established rights and performance of duties. If the time of exercise of the subjective right is not specified, the obligation is valid during the term of the contract or within a reasonable time.