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DISPUTES ABOUT THE PRICE AS AN ESSENTIAL CONDITION OF THE CONTRACT OF SHARE PARTICIPATION IN CONSTRUCTION OF APARTMENT BUILDINGS

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PDF: Author(s): Kayumovа N. A.,
Number of journal: 4(45) Date: November 2018
Annotation:

This article is devoted to the analysis of the price as one of the essential conditions of the contract of participation of citizens in the shared construction of an apartment building and other real estate.The article presents an analysis of the problems of legal regulation of relations associated with participation in shared construction and trends in judicial practice in this matter. Structurally, the article consists of an introduction, a research part and a conclusion. In the introduction the author presents the relevance of the research, the goals and objectives, as well as the scientific novelty of the work and its practical significance. The need to analyze such a problem is determined by the fact that currently the equity participation in the construction of apartment buildings and other real estate is one of the most affordable ways to meet the needs of individuals and legal entities in real estate. At the same time, the Institute of shared‑equity construction is insufficiently investigated, characterized by contradictory practice and incomplete legal regulation. The content of the work is an analysis of the legal regulation of the price of the contract of participation in shared construction, court decisions on disputes over the price between developers and participants of shared construction. The issues of legality and validity of change of the price of the contract are considered; offers on improvement of the legislation in the field of share construction are formulated. At the end of the article, the author presents reasonable recommendations aimed at the implementation of the main objectives of the study, and the main directions of further research.

Keywords:

realty, participation in shared construction, essential terms of the contract, freedom of contract, contract price,change of the contract price, fixed cost of the object, the supplementary agreement, the total given area of the dwelling, penalty, consumer protection.

For citation:

Kayumovа N. A. Disputes about the price as an essential condition of the contract of share participation in construction of apartment buildings // Business. Education. Law. 2018. No. 4 (45). Pp. 301–307. DOI: 10.25683/VOLBI.2018.45.452.