DETERMINING ACQUISITION DATE OF TITLE FOR PROPERTY UNDER CONTRACT

Abstract

The author of the article has analyzed scientific sources, the legislation of Ukraine and the main approaches of legal enforcement to determine the acquisition date of title for property under a contract. It has been established that the acquisition date of title of an acquirer in relation to a defined item of property was determined under the Civil Code of 1922 as the date of concluding the contract, and in relation to items defined by generic characteristics – as the date of their transfer. The provisions of the Civil Code of the Ukrainian Soviet Socialist Republic of 1963 and the Civil Code of Ukraine of 2003 on determining the acquisition date of title for property under the contract are almost similar. The acquisition date of title of the acquirer under the contract the legislator attributes to the transfer date of property, unless otherwise stipulated by the contract or law. It has been proved that the acquisition date of title for a vehicle under the contract is determined by the transfer date of the vehicle, unless otherwise defined by the contract and is not related to the state registration date of the vehicle. The acquisition date of title by a grantee-individual on currency values for five-fold amount exceeding the tax-exempt minimum incomes is the date of notarization of the gift contract of currency values, but not the transfer date of currency values.It has been argued that the rights to immovable property subject to state registration arise from the date of such registration in accordance with the law. Until January 1, 2013, given the situation of legal regulation of relationships in this area and the priority of the norms of the Civil Code of Ukraine, the right to ownership of the immovable property’s acquirer under the purchase and sale agreement arose from the date of state registration of the agreement as a transaction.It has been determined that the basis of the acquisition of title for immovable property under the contract is the actual composition, which includes the following legal facts: 1) the contract under which immovable property is transferred into ownership, 2) state registration of the right to ownership on immovable property. State registration of the right to ownership on immovable property must have a constitutive, but not a title deed effect.