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17.11.2011
Residential sublease agreement template
Real estate firms should continuously monitor the progress of construction of the house, the completion of certain sections of floors. The uncertainty in the law, its various and conflicting interpretations by courts of arbitration of various Russian regions, to create a "broad field" for a variety of fraudulent activities on future apartments in a newly built house. Federal Law "On Amendments to the Civil Code of the Russian Federation" in the list of real estate in st. 130 of the Civil Code was included object under construction. Nevertheless, much remains unclear, because defining real estate, the legislator did not specify at what point they become a real estate, real estate is always there or only when not acting as objects existing contract for services. Opinions about what exactly is the object under construction, there were different. Assets under construction can be considered a special kind of property (because of their close relationship with the land as a major feature of the property is obvious), but they are generally not subject to an independent state registration as real estate, and therefore are not legally established. Very difficult to determine the time and they actually create ... Being the subject of a building contract, they are well-known combination of materials and structures, which also invested construction work (ie, movable property), and ownership of them as a general rule belongs to the contractor (see § 2 of Art. They can be considered a real estate outside the contractual relationship (eg, after conservation construction). Prior to the completion of the customer (the developer) is not necessary to prove his title to the unfinished facility, construction of the object - the subject of a building contract. Thus, the authors agree that the object under construction is a real estate only if there is no valid contract for construction work.
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Investment) is made on completion of construction in the form of shared ownership of the constructed cadastre will be the first time without specifying the contract of mortgage, in particular, specify the period of execution of the obligation.
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