Предварительный договор в обязательствах купли-продажи недвижимости

Abstract

This work is devoted to the study of a preliminary agreement formation in real estate purchase and sale transactions. We give a definition of real estate purchase and sale agreement and analyze the essential terms of both the preliminary real estate purchase and sale agreement and the main agreement. We establish that the conclusion of a preliminary agreement and the resulting obligation to conclude the main agreement can give the counter-party of the transaction additional ways to protect their rights and legitimate interests. We emphasize that the preliminary purchase and sale agreement of real estate must specify conditions that establish the subject and other condi-tions of the main agreement. In the opposite case, if the essential conditions are not defined in the agreement, it is considered not concluded. We analyze the issue of spouses’ property regime of arising from the conclusion of a pre-liminary agreement concerning the disposal of joint property acquired in marriage. We determine the consequences that may occur in the event of a preliminary agreement if one of the spouses is absent or objects. We use practice materials as examples. Analysis of law enforcement practice shows that currently there are a large number of unresolved issues related to the legal qualification of relations arising from preliminary agreements. The work offers suggestions for making changes to the current legislation of the Russian Federation.