Analytics Legal analytics Real Estate and Infrastructure

12
August
2013

A share in the future object as the subject of a contract on the establishment of property

Implementation of investment projects in the field of capital construction is often carried out by several participants (co-investors). Regulation of relations between project participants depending on the nature of the agreements reached, and the role of each participant in the project can be carried out using a variety of contractual structures. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
31
July
2013

The Presidium of SAC RF approved the “guaranteed retention”

Retention of a part of the payable price of work results, is a fairly common method used for the enforcement of warranty obligations of the contractor. In reviewing this kind of dispute, the courts, as a rule, did not see anything objectionable in the contractual terms, according to which part of the price of work would be paid by the customer to the contractor only after the warranty period expired. However, in cases where the obligation to pay for work are stipulated by the parties as dependant on the occurrence of an event, which does not meet the grounds of inevitability, the courts recognized this condition as contrary to Article 190 of the RF Civil Code. Analysis of this question was carried out by the example – dated 23 July 2013 – review by the Presidium of SAC RF of Case No. A40-131858/11 involving the dispute between Mobile Design and Construction Association Shakhtospetsstroy CJSC (Krasnodar Region, Sochi) and RAKSON LLC (Moscow Region, Odintsovo) on debt collection under the contract on subcontracting of construction – in our new review. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
14
May
2013

Was the Presidium of SAC RF able to cope with the legal nature of investment contracts and “the city’s share”?

The new review is devoted to the decision of the Presidium of SAC RF No. 12444/12, published on 07.05.2013. In the reviewed decision, the Presidium confirmed the possibility of concluding a contract, containing elements of both civil and legal transactions, generating the emergence of civil liabilities, as well as elements of a public-law contract, such obligations are non-generating. Such an agreement is not contrary to existing legislation.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
30
January
2013

The Supreme Arbitration Court explained provisions of the Russian Civil Code regarding lease

On 25/01/2012 the Plenum of the Supreme Arbitration Court issued a ruling "On introduction of amendments into the ruling of the Plenum of the Supreme Arbitration Court (SAC) of 17/11/2011 No. 73 "On certain aspects of application of the Civil Code rules on the lease contracts".
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
19
September
2012

Adoption of the Federal Law “On PPP” – a further step in the development of partnership between the state and business

What questions should the Federal Law “On public-private partnership” solve? (This legal update is available only in Russian)
11
May
2012

Resolution of the Presidium of SAC RF to establish a private easement.

The first Presidium gave answers to all questions. (This legal update is available only in Russian)
8
April
2011

SAC RF on the effects of the contract of pledge (mortgage)

On 31 March 2011, on the website of the Supreme Arbitration Court of the Russian Federation, published was a Decree of the Presidium of SAC RF No. 13910/10 dated 01.03.2011, regarding the contract of pledge (in reviewing this judicial act – the mortgage contract), regardless of the validity period of the underlying obligation. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
1
April
2011

Conflict Prevention in the implementation of investment projects and real estate transactions

Endless disputes between the customer and the general contractor, the developer and the investor under the construction contract, investment and other agreements in the implementation of investment and construction projects. On the one hand – the customer and investors are dissatisfied with the quality and timing of construction and the transfer of the facility, on the other hand – the general contractor, dissatisfied with the order and terms of payment for the work. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
9
August
2013

LEGAL TWEET. Issue No. 5. The budget pays: purchase or PPP?

(This legal update is available only in Russian)
Irina Nikolaeva, Junior associate, Energy practice
25
July
2013

Housing and communal services: a step closer to Perrier

In order to further the development of investment projects in the sphere of housing and communal services, on 07 May the President of the Russian Federation signed a draft Federal Law “On Amendments to the Federal Law” On Concession Agreements “and some legislative acts of the Russian Federation”. This law makes comprehensive changes to the current legislation governing the procedure and conditions for the transfer of ownership and use of housing facilities to the private sector. (This legal update is available only in Russian)
8
May
2013

Preliminary contract in structuring Real Estate Transactions

On April 24, 2013, two Rulings of the Presidium of the RF Supreme Arbitration Court were published, giving a legal qualification to the relations of the parties arising from a preliminary contract. It is not the first time the Presidium has addressed this issue (see, for example: Ruling No. 3056/07, dated July 17, 2007, No. 402/09, dated July 14, 2009, No. 13331/09 dated January 19, 2010), however, we would not say that the institution of preliminary agreements frequently becomes an object of attention of a supreme court jurisdiction.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
7
December
2012

Legal "uncontrolled settlement": the Praesidium of the Supreme Arbitrazh court explained procedure for registration of the ownership rights to the buildings constructed before 1995

It's not a rare case nowadays when the company among other property owns real property constructed using own resources before 1995. Very often such buildings are used without any title documents as the relevant ownership rights were not registered in the Unified State Register of the Rights to Real Estate and Transactions therewith. In fact this entails the impossibility to sell and purchase such buildings and additional difficulties with the registration and re-registration of the rights to the land-plots.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
20
June
2012

Transactions with state property: victims may be legitimate users

Disputes about competence between the organs of state power – are not uncommon in judicial practice. Often, however, the injured party in these disputes is a conscientious individual, which once again demonstrates the need for that extra caution when making deals with the state. One example of this is the case before the Presidium of SAC RF. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
9
June
2011

Disputes about property in arbitration courts: the Constitutional Court established new rules of the game

On 26 May 2011, the Constitutional Court declared the resolution of the case on the constitutionality of the legal provisions relating to the competence of the arbitration courts in relation to property disputes. (This legal update is available only in Russian)
4
April
2011

Conflict resolution in the field of investment and construction activities

Recognizable feature of the post-crisis period is the “worsening” of non-fulfilment of mutual obligations, including in connection with problems with finding financing for projects, with the well-known consequences: the suspension of financing, “freezing” of a number of projects, with a substantial increase in the cost of borrowing – decline in the market price of the object. How to pay for the work, what to do with the object, how to get out of an investment project that has become unprofitable? (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
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