Property Management Provided By The Contract And The Law: Civil Law Analysis


  • A.A. Albu


management by law, the management under the contract.


Management is interdisciplinary specific category that applies to private law relations. The need to manage both private and legal categories emerged from the declaration of independence of Ukraine and putting the country on private-market relations. To solve this problem, adopted a number of legal acts, including CMU Decree, memory and storage, but it was a legislative solution to the adoption of the Civil Code of Ukraine.

Property management may arise under contract law or clear indication. In the first case management setting under the contract are understood phenomenon. Parties of this relationship are the owner of the property - installer management person-manager and the person who benefits from such activities - the beneficiary or beneficiaries. With regard to management pursuant to law, the applicable law is established institution of guardianship, which provides property management incompetent, incapable, minor and minor and the person listed as missing, and management of hereditaty property.

Given the specifics of property management, we can confidently say that this basis of the relationship in both cases provided (whether or legal fact is the agreement of the parties, or a clear indication of the law) is a contract. This is yet another confirmation of the mixed nature of the legal category, because it is the primary form of property right person that exists alongside other powers, and there in the contract, which is the legal basis of the government. Also, it must be said that the contract must be legally establishing the fact of control, because it is through this legal category will be able to effectively control the activity manager and in the case of fraud on his part - to bring to justice. In cases envisaged by law to establish a management only after an agreement between the body of guardianship and the person-manager, because currently serves installer management authority.