ОСОБЛИВОСТІ ЗДІЙСНЕННЯ ЦИВІЛЬНИХ ПРАВ УЧАСНИКІВ У ДОГОВОРАХ КУПІВЛІ-ПРОДАЖУ

The article is devoted to the defining the main features of the exercise of the civil rights of the participants in sales contracts. Central to the contractual obligations of purchase and sale are subjective civil rights to transfer property into ownership, the main feature of which is the transfer of ownership from one person (seller) to another (buyer). It is indicated that the exercise of ownership rights and the exercise of civil rights in contractual obligations are closely intertwined, however, are not identical. The principles of the exercise of rights by participants in contractual obligations of purchase and sale are the principles of the rule of law, legality, free expression of will, the principle of freedom, the principle of equality of conditions for the exercise of property rights, freedom of entrepreneurial activity, and the principle of inviolability of property rights. Two types of subjective rights are distinguished in the contractual purchase and sale obligations, namely, the rights that result from the conclusion of such a contract - for example, the right of ownership, and civil rights that the participants execute in the dynamics of the contractual purchase and sale obligation. The nature of the subjective right also depends on the fact whether this right will be exercised by one specific action, or will involve the implementation of repeated actions. It is indicated that the rights in the sales contract can be executed only by taking active actions, because it is impossible to refrain from doing them in such a contract. Such active actions in the contract of sale consist in the simultaneous alienation of the right of ownership from the seller and the emergence of the right of ownership from the buyer. It has been proven that the moment of realization of the right of ownership depends on the moment of realization of the rights under the contract of sale, namely depending on the moment of conclusion of the contract (real or consensual), on the form of the contract - oral, simple written or electronic, notarization of the contract, as well as depending on state registration of ownership of real estate. It has been analysed that the limits of the exercise of civil rights in the contractual obligation of purchase and sale should be considered in its dynamics (conclusion, execution and termination). In the contract of sale, the participants can protect their right through self-defense through the use of appropriate measures of operational influence. [ABSTRACT FROM AUTHOR]