Chegovadze L.A., Safonova N.S. Shared Construction Units As Matrimonial Property
DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.14
Lyudmila A. Chegovadze
Doctor of Juridical Sciences, Professor, Assistant Professor, the Department of Civil Law and Procedure of Law, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Prosp. Vernadskogo, 82, build. 1, 119571 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. .
Nadezhda S. Safonova
Legal Advisor of LLC “Law Company “NTS-UST”, Nevzorovykh St., 83, off. 4, 603024 Nizhniy Novgorod, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: 1. Because of the widespread use of agreements of participation in shared construction, the legal regulation of relations between the parties becomes very important nowadays. That is why the authors of the article have set the goal to identify some of its similarities to the regulation of legal relations under the contractor’s agreement. 2. Another important aspect related to agreements of participation in shared construction is the peculiar features of the relations connected with the property right of spouses to the shared construction units assigned under such agreements. The goal of studying these relations is to formulate the basic principles, according to which these units become the matrimonial property or the property of either spouse. Results: 1. By analyzing the regulatory and theoretical framework as well as the law enforcement practice we have revealed the similarities of some aspects of the legal regulation of the relations under agreement of participation in shared construction to the relations under the contractor’s agreement. 2. We have made up a list of conditions under which the units assigned under agreements of participation in shared construction
are classified as matrimonial property. Conclusions: 1. The relations under agreements of participation in shared construction concerning the property developer’s liability for the defects of the completed work and delay are regulated by the norms of the Civil Code of the Russian Federation which regulate the contractor’s agreement. 2. The date of conclusion of an agreement of participation in shared construction, the date of registration of the ownership assigned under such this agreement, the period of joint repayment of the loan (if used) do not matter for the shared construction units to become the matrimonial property. 2.1. The date of payment of the agreement price is principal for the shared construction units to become the matrimonial property or the property of either spouse. The additional cause for determining the type of property may be the origin of the money paid under the agreement.
Keywords: agreement of participation in shared construction, contractor’s agreement, defects of the completed work, property developer’s liability, matrimonial property, property of either spouse, matrimonial property division.
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