НОВАЦІЇ У ПОРЯДКУ УКЛАДЕННЯ ЦИВІЛЬНО-ПРАВОВОГО ДОГОВОРУ

Abstract

The article is focused on defining procedure novations for concluding independent contractor agreements. The existence of two tendencies in the legal construction of the procedure for concluding an independent contractor agreement has been emphasized: unchanged architectonics of the procedure for concluding an acceptance and introducing novation elements into this system, which depend on the method of concluding and the purpose of the corresponding agreement. The general and special procedures for concluding independent contractor agreements have been characterized. General procedure – is when proposals set out in the offer coincide with the acceptance. Special procedure for concluding an independent contractor agreement is implemented in regard to public, defense procurement. The content of the stages of concluding an independent contractor agreement has been revealed, in particular the offer and acceptance. Specific features of concluding an independent contractor agreement with Diia-City residents have been researched. It has been emphasized that the conclusion of an independent contractor agreement in the digital environment forms a special legal regime of civil legal relations, which arise, are changed, are terminated in this environment. At the same time, the consumer receives a positive effect from the electronic agreement in the real, material world, and the product or service has the appropriate objective form. It has been proved that the institution of assurance can be applied in corporate, labor legal relations, relations in the field of intellectual property law, innovation law, foreign economic activity. It has been stated that this institution includes the following elements: 1) pre-contractual contacts of the parties (negotiations); 2) obtaining assurances and guarantees; 3) consideration of assurances and guarantees; 4) formation and provision of the offer; 5) consideration of the offer; 6) acceptance of the offer. It has been established that the procedure of concluding an independent contractor agreement for public, defense procurement is characterized by: the presence of an imperative element in the procedure of concluding an agreement; mandatory compliance with the procedure for concluding an agreement; lack of pre-contractual contacts of the parties: expanded public offer; planned procurement, i.e. the conclusion of a future agreement; narrowing the principle of contractual freedom. The lack of practice in applying the institution of assurance has been emphasized.