The issues on declaring shared construction participation agreement not concluded

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Issue: №1 2016

Heading: Constitutional and municipal law


Tags

Keywords: shared construction, essential conditions of the agreement, state registration of the agreement.

Annotation

The article considers the bases of declaring shared construction participation agreement (SCPA) not concluded. Conditions of stated contract as well as the problems of their enforcement were studied in detail. Particular attention was given to issues on ways of insuring obligations from SCPA, together with efficiency and rationality of their application. Besides the compulsory mortgage, were considered optional ways of insuring obligations from SCPA – surety of a bank and insurance of civil liability (second one can be performed by participating in mutual insurance society or by concluding a civil liability insurance contract). Legal analysis of the respective procedure of SCPA’s state registration and court practice in this field was carried out. The summary of the article includes a statement of the necessity to improve laws concerning participation in shared construction.