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Object under construction is a contribution to the customer in a contract of partnership. The Court of First Instance dismissed the claim, as all work performed on assets under construction paid by the customer, and therefore he was entitled to dispose of them as his property, including construction in progress transferred to another person. The court of appeal overturned the decision and remitted the case for a new trial on the following grounds. 740 of the Civil Code the contractor under the contract for construction work is to build a certain object or perform other construction work and the customer - to take them and pay for the result. If the work contract is not terminated, the contractor shall retain the right to continue construction. 219 of the Civil Code implies that the ownership of buildings, structures and other newly created immovable property subject to state registration shall arise from the time of registration. 130 of the Civil Code is a work in progress of real estate, and title to it shall be registered in the manner prescribed by Art. 25 of the Federal Law "On state registration of immovable property and transactions with it" (hereinafter - the Law on registration). Accordingly, for a decision on the legality of construction in progress to make as a contribution to a partnership agreement the court was required to establish that termination of the contract for construction work, reclamation work in progress the result of work by the customer, as well as recording under construction as of the property. In accordance with paragraph 16 of Resolution of the Plenum of the RF of 25.02.98 № 8 is not completed construction of the facilities do not apply to immovable property, if they are the subject of the current construction contract. Thus, the SAC decided not to complete the construction of the objects do not relate to immovable property, if they are the subject of the current construction contract. We note that in paragraph 16 of Resolution of the Plenum of the RF of 25.02.98 № 8 has been shown quite different: "For the purposes of Article 130 of the Civil Code and Article 25 of the Federal Law" On state sheetrock vs drywall registration of rights to immovable property and transactions with it "unfinished construction objects that are not subject to the existing construction contract relate to real property. Therefore, to resolve disputes about the ownership of the unfinished construction objects courts should be guided by the norms governing the legal ownership of immovable property and transactions with them, taking into account the features established for the creation of property rights to the unfinished construction objects and disposition.

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20.11.2011 - pyo_o

Value of purchased materials or equipment, which owner of this site if it is acceptable for use in this section are the fixed assets, depreciation charged on him, and in the tax records (§ 8 of Art. Payment for construction costs attributable to the.