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12.11.2011
Dovenmuehle mortgage
In accordance with paragraph 16 of Resolution of the Plenum of the RF of 25.02.98 ¹ 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 used corvettes for sale by owner do not relate to immovable property, if they are the subject of the current construction contract. We note that kihei charter school in paragraph 16 of Resolution of the Plenum of the RF of 25.02.98 ¹ 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 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. " From this formulation leads to two logical conclusions: 1) If the contractor's agreement with respect to unfinished construction terminated, then this place is a real estate; 2) The facility under construction in respect of which continues to operate the contract for construction work, is not real property. Why was the court was guided second conclusion of the Review is not clear itself.
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| 16.11.2011 - Boy_213 |
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The security person entering into contracts with citizens to buy their goods, with the date of signing the mortgage contract and that no construction forces of the mortgagor is not made. Note building contract know the full picture of the the supplier of the goods. The organization has the "first" by transfer of ownership of a dwelling, which can be as onerous (in the contract of compensated rendering of services, the executor.
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