LEGAL NATURE OF THE RELATIONSHIP ARISING FROM THE PROPERTY MANAGEMENT AGREEMENT

Abstract

The article is devoted to the study of the current legislation of Ukraine governing relations arising in connection with the conclusion of property management agreements, as well as analysis of the legal nature of property management agreements in civil law of Ukraine and current issues of application of this contractual structure in today's conditions. Highlighting the relevance of the topic of this study, analyzes and takes into account the views of scholars on this issue at the theoretical level, and the layout of the application of the property management contract among other contractual structures. It is investigated that the management contract defines the powers of the manager in relation to the material resources transferred to him management, according to which the titular owner uses the property effectively and rationally in the interests of the owner or the person specified by him. The combination of these features in the framework of the contract of property management indicates a mixed – property and contractual nature of the relationship of property management, which arise on the basis of the contract. Trust property management combines absolute (real) and relative (obligatory) rights. The binding nature of the property management contract does not preclude a property relationship because the owner, by transferring the property to the management, pursues a specific goal, namely to use the property with the most optimal outcome. The fact that automatic prolongation of trust property relations is not allowed is analyzed. Therefore, the absence of statements of the founder of the management and the manager on termination of the contract cannot be interpreted as a basis for prolongation of trust relations of property, as the manager in civil turnover at the conclusion of contracts must indicate that he is not the owner. To confirm his authority, the manager must have the appropriate title, in this case, a property management agreement concluded in writing, or a real estate management agreement, which must be notarized.