The Problems of the Obligations Fulfillment on the Phase of Unfinished Construction
AbstractIn the article the analysis of litigation practice on the fulfillment of the obligations in sphere of building investment contracts is made. On the basis of the revealed problems, that arise during the investment contract fulfillment the authors of the article offer the ways of its’ decision. Legislation of the Russian Federation provides only general rule that the relationship between the investor and the client are determined by the contract of construction. However the existing mechanism for the application of this rule is extremely diverse and has been repeatedly changed, which allowed some unscrupulous developers and contractors not only not to fulfill its commitments, but also avoid any responsibility. Investment contracts in construction require special attention to procedures for the performance of contractual obligations. Key problematic aspects of performance of the obligation on the phase of unfinished construction were highlighted by the authors of the article. Among the derivations made during the research the most important are the following: that fulfillment of the obligations in sphere of creation, reconstruction and operation of the real estate depends on economic, legal and administrative mechanisms, existing in the state, and that the investment agreements possess the civil nature.
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