LEGAL REGULATION OF THE LICENSE AGREEMENT IDENTIFICATION (CARE)

Abstract

The article deals with the procedure for certification of a life-support maintenance (care) contract in the law of Ukraine. The author analyzes its theoretical and legal basis, especially the emergence of problems and consequences of such a contract in realization the rights and interests of potential counterparties. The necessity of a notarial certificate of the contract of life maintenance on the basis of duration of the contract and its aleatore character is substantiated. The duties of the notary at the certification of the contract are as follows: clarification of the content of the contract and the value of the project submitted by them; verification of compliance of the content of the draft agreement with the intentions of the parties; establishment of a possible conflict between the draft contract and the requirements of the law. The notarial consultation consists in familiarizing with the rights and obligations of the parties: the alienator and the acquirer. The author described in detail the existing advantages and disadvantages (the problems of functioning) of this type of contract of obligatory law and highlighted the peculiarities of its action on the basis of court decisions and practice. Some problems were associated with the transfer of the real estate property to the acquirer's property, the integrity of contracting parties to the contract, the complexity of taking into account the terms of the agreement by the alienator, the element of the commissioning of the third party agreement and the peculiarities of termination of the contract in the court. The consequences of the implementation and termination of the contract of life maintenance (care) are explained. The author states that this institute of civil law needs more detailed legal regulation. The gaps in legislation on the rights and obligations of the parties are noted.