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Actual Problems of Enforcement of Obligations under the Contract the Builder of a Joint Construction

Student: Aleksandr Mineev

Supervisor: Elena G. Rakova

Faculty: School of Law

Educational Programme: Advocacy (Master)

Year of Graduation: 2018

The study examined current problems of fulfillment of obligations under the contract the builder of a joint construction. In the first part of the first chapter, various points of view on the legal nature of the contract of participation in shared construction were considered. After this, an analysis was carried out of the Institute for Project Finance, which also showed that the scientific literature did not form a unified approach to understanding this institution. As a solution to the problem, it was suggested that the two institutions should be preserved and continue to be improved at once. In the next part of the work we were considered the advantages and disadvantages of payment security fund rights of citizens - participants of shared construction to protect the participants of shared construction. The issue of obtaining unsubstantiated payments by unscrupulous persons participating in shared construction, as well as the problem of proving the existence of a claim for a developer-bankrupt in the case of payment under a contract of participation in shared construction in cash, was considered. In the second chapter we discuss the relation of concepts involved in this building and the participant shared construction, which were introduced to the Federal Law "On Insolvency (Bankruptcy). The analysis showed that the legislator in his attempt to ensure the fulfillment of obligations on the part of developers to equity holders through the introduction of the institution of payment of compensation from the Fund for the Protection of Citizens' Rights - Participants in shared construction, resorted to excessive, illogical legal regulation. The last part of the work was devoted to the problem of calculating compensation from the fund for the protection of the rights of citizens - participants in shared construction.

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