The Demands of the Construction Partner in Developer Bankruptcy Case

Objective: To study on the basis of the position of judicial practice and theoretical research features being the basic requirements of building a party in the bankruptcy case the builder and the identification of the main problems related to their presentation to the developer. The main objectives of the study are: The study identified three main requirements of the complex issues involved in this building: Firstly, the "imposition" of competences meeting of bankruptcy creditors and the meeting of the construction. To resolve this issue seems to be correct to the legislator to include in the Law on Bankruptcy st.201.12 position on the limitation of the competence of the meeting participants for the purpose of construction of non-disruption carried out in relation to the bankruptcy procedure builder. Second, the protection of rights of participants in the inequality of construction of residential and non-residential premises. It is necessary to make changes and to provide investors with the opportunity to participate in the bankruptcy proceedings with the requirements of the transfer of non-residential pomescheniy.V as a third problem, a problem highlighted the contradictions of the Law on Bankruptcy Housing Code RF.Obschee solution to this problem lies in understanding the requirements of the transfer of residential premises as the requirements of building party on the transfer of residential and (or) non-residential premises.