The legal nature of property rights in real estate sale contracts: Ukrainian and international experience

Property rights as the subject of real estate sale contracts are a crucial instrument in civil law relations in Ukraine, aimed at ensuring flexibility in real estate market transactions. However, their legal nature and regulation remain unclear, leading to legal inconsistencies and risks for the parties involved. This article analyzes the legal status of property rights in real estate sale contracts in Ukraine, highlighting problematic aspects of their practical application in contemporary conditions. The primary sources of regulation are the provisions of the Civil Code of Ukraine (CCU), particularly Articles 656–657, which permit the conclusion of contracts involving property rights but fail to clearly define their legal status. Additionally, inconsistencies in notarial certification requirements and the lack of integration with state registries complicate the protection of the parties’ rights. Special attention is given to a comparative analysis of property rights regulation in Romano-Germanic legal systems, notably in Romania, Bulgaria, Germany, and France, where their legal status is more clearly defined, and mechanisms for notarial certification and registration are applied. The article separately examines judicial protection mechanisms that limit violations of buyers’ rights and addresses shortcomings in Ukrainian practice, particularly concerning incomplete construction objects. International experience demonstrates that judicial protection of property rights is more effective when such rights are clearly registered in state registries. In Ukraine, the State Register of Property Rights to Immovable Property does not always reflect property rights, hindering their protection. Proposals are made to improve the legal regulation of property rights, including amendments to the CCU to clarify their status, ensure mandatory notarial certification, and implement digital technologies, such as blockchain, to enhance transaction transparency. The importance of harmonizing Ukrainian legislation with European standards to ensure legal certainty is emphasized. The conclusions underscore the need to refine the mechanisms for regulating property rights to align them with civil law norms and protect the interests of parties in real estate sale contracts.