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On December 4, 2013, the Presidium of the Supreme Court of the Russian Federation approved the Review of the practice of courts allowing disputes arising in connection with the participation of citizens in the shared construction of apartment buildings and other real estate. The subject of this comment is the analysis of this review, including in the context of the practice of resolving similar disputes by arbitration courts. This analysis made it possible to identify approaches of judicial practice to the resolution of questions about the legal qualification of the relations of the parties under contracts related to equity participation in construction, the applicable rules of law applicable to these relations, as well as the proper ways to protect the rights of participators in shared construction. The commentary takes into account the latest amendments to the Law No. 214-FZ and the Civil Code of the Russian Federation. The commentary is intended for a wide range of readers. The book will be especially useful to those citizens who are in a difficult situation and conduct litigation with an unscrupulous developer.
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