Scourge of the present time, including in connection with the crisis became an epidemic stop construction, and, accordingly, a large number of bankruptcies of construction companies. So, what do holders, if construction of the house stopped. First. It is worth knowing, by the way, do not know it is not only substantially all interest holders, but most of the lawyers, despite the start of the process of bankruptcy, the interest holders may apply to the court with the requirements for recognition of a right (property, claims for a share Investment in the contract) in respect of property that they had acquired from the developer, while with the requirements specified in the court can refer to the last stage of the process of bankruptcy - the bankruptcy proceedings and before the sale in the bankruptcy proceedings of the property right claimed by shareholders. Second. Need to understand what the contract is with the developer. This may be a contract of participation in shared construction contract equity co-investment agreement or investment, the preliminary agreement, assignment of contract, an agreement for a change of persons in the undertaking, a treaty. Depending on whether the contract is with the builder, you can have an idea with which the claim will go to court. The third. The Court in those disputes - that the court of general jurisdiction in the location of the property, but not the Arbitration Court. Jurisdiction in such cases is exceptional, and the Russian Federation is determined by the Code of Civil Procedure establishes the obligation of shareholders to apply to the court at the location or future location of the property. Fourth. At what stage is the construction of homes. If construction is completed at home, then we can talk about recognizing the right of ownership to a specific apartment or certain non-residential premises. If the object is completed, you should specify whether he is registered in Rosreestra as unfinished construction object or not registered. If the object is registered, the court must apply the requirements for recognition of ownership of the unfinished construction object in the form of premises specified in the contract with shareholders. If the construction project is not registered in Rosreestra as unfinished, the court will deny the claim for recognition of ownership of the unfinished construction object. In this case, you must go to court with the requirements for recognition of the right to share in the investment contract in the form of premises specified in the contract with the developer. The fifth. Who should be involved in the lawsuit, and what documents need to claim at the request of the court? As part of these processes are involved all members of the investment contract, except for real estate investors that are listed by the developer, which sought a judicial inquiry. In addition to all the participants of the investment contract, which are third parties, third parties may also be involved liquidator. The same third party involved in the local bodies of state power - the Administration, the Government, for instance, Moscow, Rosreestr relevant state authority, if the house is completed. As part of the process claimed in the court needs all the legal documentation, the investment contract with annexes and supplementary agreements, all contracts for co-investment and assignment of the documents BTI addresses the assignment of home, home, or measurement of their absence. Acts of local government or other public authorities (eg Mosgosstroynadzor in Moscow) on the completion or completion of construction of homes, the availability of building permits, as well as documents confirming the right of ownership or lease of the land, which is being constructed. Summarizing Summarizing the above, we can conclude that if the developer is in the process of bankruptcy, which is the stage of bankruptcy, no value has then to withdraw from the estate of those properties that have already been created, built, or not completed until end in view of the incomplete building, you need to go to court with the appropriate requirements for recognition of the right to property or the right to share in the investment contract in the form of certain premises. Later, after the court decision comes into force, this decision must be submitted to the Court of Arbitration for review and decision to proceedings by the court and the liquidator.
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