ENSHRINING THE STRUCTURE OF THE CONTRACT FOR THE MANAGEMENT OF OTHER PEOPLE’S AFFAIRS IN THE CIVIL LEGISLATION OF EUROPEAN COUNTRIES (EXPERIENCE OF GERMANY, FRANCE, ROMANIA AND HOLAND)

Abstract

The article analyzes the experience of enshrining the structure of the contract for management of other people's affairs in the civil legislation of certain European countries. Today, national civil legislation faces an urgent need for its substantial updating and bringing it into line with European approaches against the background of active European integration reforms. It is established that the category of «management of affairs» is enshrined in civil law, but only in the context of termination of a legal entity (Article 105 of the Civil Code of Ukraine). Instead, the equally important context of contractual regulation of relations relating to the management of other people's affairs remains unaddressed. Unlike the Ukrainian legal system, the legal systems of European countries have long and successfully used the construction of a management agreement not only in the context of property or property rights, but also in the context of managing the affairs of others. The article analyzes the legislative approaches to legal regulation of relations regarding the management of other people's affairs in such European countries as Germany, France, Romania and Poland. With this in mind, the author draws a number of conclusions: 1) the construction of the management agreement finds its traditional consolidation in the civil law, but the issue of its place in the system of civil law contracts is resolved differently: in Germany, Romania and France, this agreement is classified as a contract of assignment. Instead, the Polish legislator has left the issue of legal regulation of relations under a management agreement unaddressed, but the contractual structure under study finds its practical application, especially in the field of management of corporate-type legal entities; 2) in the analyzed laws, delegated management may be exercised both in respect of property and property rights, and in respect of funds, professional assets and activities, activities of legal entities(i.e., in fact, it is about managing another subject of law), as well as cases related to inheritance; 3) three approaches to determining the place of the contractual structure of management of other people's affairs in European legislation are distinguished: a) separation of the latter from other types of management contracts, in particular, property management contracts (Germany); b) integration of the contract for management of other people's affairs into the general concept of contractual management (France, Romania); c) non-fixation of the contractual structure of management in legislation and application thereof for organizational management. Taking into account the above experience, there is a need to develop the concept of a management contract and enshrine it in the provisions of national legislation. The need for legislative consolidation of this contractual structure will facilitate the function of the main instrument for the implementation of private law management as a two-tier system of legal opportunities to influence the object of civil law relations and ensure effective regulation of relations between the manager and the manager regarding the delegation of a number of powers to the latter.