О свободе жилищно-правовых договоров: постановка вопроса

Abstract

The article analyzes the place of housing legal contracts in the system of contracts in Russian law. The author offers his own point of view with respect to the range of housing contracts, designates the criteria of such allocation. It is proposed to consider true that by virtue of a number of features (among which the subject of such contractual structures occupies the leading place) housing law contracts significantly differ from civil law contracts. The author pays special attention to the definite characteristics of housing law contracts, laid down at the level of principles, in particular – the principle of freedom of a contract. The article emphasizes the absence of this principle legal fixing in the housing legislation, notes its ignoring by the scientists and the cautious approach of the courts to its application, analyzes the scope of each element of the principle of contracts freedom in the contractual constructions under the housing law. The author substantiates that manifestation of the principle of contracts freedom in housing law significantly differs from that in civil law, and restrictions of contractual freedom are more likely to be regarded as a rule rather than an exception. The conclusion of the need for further studying the problems outlined in the article is substantiated.