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28.11.2011

Kokosing construction

15 of the Act shall be credited to the notary's deposit monies owed to equity holders have not declared their claims before the date kokosing construction of public auction, which was sold the mortgaged property. The wording of this policy to determine how the interest holders to claim their demands: to show them to the developer, to file a claim in court or to show the performance of the bailiff service execution. In our opinion, in order to protect the rights of all shareholders by presenting demands to be understood institution of enforcement proceedings. Accordingly, participants of shared construction, to present their claims or the developer has a lawsuit, but did not bring a writ of execution until the auction shall be entitled to receive cash in deposit with a notary. On this basis it is not clear whether banks are required to fulfill that kokosing construction mortgagees legal norm (jointly and severally stonemark granite liable) and how it will be implemented in case of failure? Analyzed above provisions of the law defining the procedure for foreclosure on the collateral, do not give an answer to one of the most important issues: how implementation is not complete construction of apartment buildings will affect the rights and obligations of shareholders, the builder and the purchaser of the property? The developer broke the deadline in the operation of the first block in the construction of section pyatipodezdnogo house, where everyone is accepted staircase acceptance commission itself.

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