Contracts in housing law: features and system

Abstract

The article aims to identify the characteristics and system of contracts within housing law. The need for investigating this topic arises from both scientific and practical necessities. In practice, there have been instances of abuse of housing rights. Simultaneously, contractual regulation serves as a mechanism to address these adverse manifestations of subjective rights. In the realm of academic research, there have been sporadic examinations of the legal nature and classification of contracts in housing law, highlighting the relevance of the article’s theme. The objective of this article is to elucidate the specific features and system of contracts in housing law. Contracts in housing law exhibit the following characteristics: they combine dispositive and imperative principles and norms; their normative-legal regulation is based on the provisions of civil and housing legislation; they are aimed at satisfying housing needs. It is emphasized that the parties to a housing-law contract, in cases established by law, lack: freedom of choice, independence, autonomy. These dispositive principles are constrained by the requirements of safety, sufficiency/adequacy of housing. The basis for housing safety is its compliance with technical and sanitary norms. Practically all contracts in housing law are concluded in written form. In Ukraine, standard conditions are established regarding individual housing contracts. The system of contracts in housing law represents a complex internal structure of contracts concerning housing, satisfying housing needs based on their hierarchical division into types, kinds, and varieties, reflecting their differentiation and interrelation. It is concluded that contracts in housing law can be divided depending on the following criteria: stage/order of establishing contract conditions, subject matter, cost, form, by purpose (legal consequence), type of housing need, the existence of requirements for standardization. Depending on the type of housing need, they can be divided into: 1) contracts aimed at satisfying primary housing needs (acquisition of housing rights); 2) contracts aimed at ensuring adequate living conditions in housing (satisfying derivative housing needs, including contracts for the consumption of housing and communal services, repair, housing insurance, etc.).