Abstract
The article establishes a legal framework that regulates the basic principles of action and application of the principle of freedom of contract, in particular, acts of international law and legislation of Ukraine in this field are defined. Doctrinal approaches to the question of the effect of the principle of freedom of contract are analyzed. It has been found that in the classical form, in order to implement the principle of freedom of contract, both parties must have a real practical opportunity to choose the type and type of the agreement, to jointly find out all its essential conditions, to propose certain changes to the counterparty and, upon agreement, to make such changes to the provisions of the agreement. The problem of regulatory regulation of the limits of the application of the principle of freedom of contract in the field of real estate, when concluding agreements on the primary market, has been studied. The current state of contractual activity in the relevant industry was established and it was found that for a long time such a principle fully de facto operated only for developers and gave them the opportunity to produce and apply many investment attraction schemes by concluding unnamed contracts that contained elements of two at once, and sometimes three or even more types of contracts with different conditions. At the same time, it is noted that on August 15, 2022, the Verkhovna Rada of Ukraine adopted Law of Ukraine № 2518-IX «On guaranteeing property rights to real estate objects that will be built in the future», which introduced a certain reformation of the principle of freedom of contract in the primary market real estate, characterized by the regulation of clear imperative limits of its application in relevant legal relations. The relevant provisions of the given legislative act were analyzed, in the context of a stable legal framework, and a conclusion was drawn regarding the relevance and expediency of the introduction by the legislator of the corresponding stricter legal regulation in the field of real estate.
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