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Often, construction companies are trying to describe the condition of the term as "the end of the period of construction work." However, investors are not interested in just a period of construction work and due date of the object. In practice, there are many cases where the construction work completed and a decision on acceptance into service for a long time has not yet signed, and investors are not able to issue in the Chamber of their rights to property. In this case we must apply the general situation of the reasonable-time performance of an obligation (Article 314 CC RF). Thus, the condition on the term should be written in the contract as specific and designate time to commissioning. A possible mechanism for protection of investor assets under construction within an insurance building (financial) risk, as suggested by some insurance companies. Investor should insist on the inclusion in the contract a penalty for violation of the agreement deadlines. Its size is determined by agreement between the parties. In addition, in the event of default an investor may be required to recover interest on other people's money, established art. Interest is calculated on the basis of the refinancing rate set by the Central Bank. All losses an investor (as actual damages and lost profits) as a result of default by the customer on the basis of Art. True, on the basis of general provisions on damages and penalty damages are likely to be recovered to the extent not covered by the penalty (Sec. Consider the case where the investor is a citizen that invests in the construction of non-entrepreneurial purposes. In addition to those already listed above security features and safeguards their rights an investor can take advantage of the mechanisms of the adhesive carpet squares RF Law on February 7, 1992 № 2300-1 «On Protection of Consumer Rights" (with amendments. Application of the law on consumer protection regulation to investment relations. Analysis of judicial practice in the Samara region of disputes arising out of an investment agreement in the construction and substance of this relationship indicates that the legislation on consumer protection in some cases, be applied to the regulation of investment relations. Federal Law "On Protection of Consumer Rights" governs the relationship between citizen, intending to order or purchase or requisitioning, purchasing or using goods (works, services) solely for personal, family, household and other purposes not related to business activities, on the one hand, and the organization or individual entrepreneur, producing goods for sale to consumers, selling goods to consumers under the contract of sale and service providers to consumers compensated contract - on the other side.

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03.12.2011 - LediBoss

Thus, the condition on the the second problem arises agreement will govern only the relationship between the builder and a member of participatory construction. Cost (excluding costs 146 of the Tax real estate buyer acquires the right to use the relevant part of the land.