Protection of the Contractor's Rights in the Execution of a Construction Contract: Features of Law Enforcement Practice
( Pp. 84-88)
More about authors
Mark G. Karetin
Postgraduate student at the Civil Law Department, Attorney at law, Senior partner; «Yukov &
Kutafin Moscow State Law University (MSAL); «Yukov & Partners» Law Оffice
Moscow, Russian Federation; ; Moscow, Russian Federation
Kutafin Moscow State Law University (MSAL); «Yukov & Partners» Law Оffice
Moscow, Russian Federation; ; Moscow, Russian Federation
Abstract:
The search for solutions to problems related to the protection of the violated rights of the contractor as a party to the construction contract is undoubtedly relevant, which is confirmed by the widespread practice of resolving legal disputes in court. The purpose of the work is to analyze the application of norms and legal institutions through which the contractor's rights are protected in construction contract relations, as well as an analysis of law enforcement practice on controversial issues of the application of certain norms and institutions regulating relations related to the protection of contractor's rights. As a result of the conducted research, the author comes to the conclusion that in the legal regulation of relations formalized by a construction contract, in order to protect the rights of the contractor violated by the unfair actions of the customer, it is possible to apply initially regulatory norms of a civil nature, which may become the basis for reviewing the grounds for applying certain methods of protecting the subjective rights of the contractor.
How to Cite:
Karetin M. G. Protection of the Contractor's Rights in the Execution of a Construction Contract: Features of Law Enforcement Practice // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2024. Vol. 20. № 4. P. 84-88. (in Russ.) EDN:
Reference list:
Bezhan A.V., Kirakosyan S.A. Conclusion of a construction contract on favorable terms // Lawyer. —2014. —No. 1. — pp. 28–32.
Vavilin E.V. Implementation and protection of civil rights. —M.: Statute, 2016. —416 p.
Vasyutin D.I. Ways to protect the contractor's rights // An interesting science. —2023. —No. 4. —pp. 95–98.
Ivanov I.V. Protection of the rights and legitimate interests of the customer and contractor under the contract for the performance of design and survey work // Bulletin of the MGUA.—2016.—No. 3.—pp. 128-138.
Kondratenko Z.K. On the rights of the customer and contractor to an object of unfinished construction under a construction contract // Lawyer. —2014. —No. 23. —pp. 41–46.
Krasavtseva N. Unscrupulous customer: how a contractor can protect his interests // Housing Law.—2015. —No. 7. —pp. 75–85
Krasnoyarova N.I. Design features of extrajudicial protection of creditor's rights in contractual obligations // Russian Justice. —2014. —No. 11. —pp. 14–17.
Krasnoyarova N.I. The legal nature of the creditor's protective business messages to the debtor under a contractual obligation // Modern law. —2016. —No. 12. —pp. 21–26.
Arsenyakov S.V. The contractor's right to change the price under the construction contract // Lawyer. —2022. —No. 8. —pp. 30–36.
Nefedova T. Additional work under the construction contract: what awaits contractor // Housing law. 2012. pp. 33–52.
Sarbash S.V. The right of retention in the Russian Federation // The right of retention as a way to ensure the fulfillment of obligations. 2nd edition, ispr. —M.: Statute, 2003. —pp. 144–211.
Sharapov V.V. Features of the use of retention in the execution of construction contracts // law and economics. —2007. —No. 2. —pp. 43–48.
Vavilin E.V. Implementation and protection of civil rights. —M.: Statute, 2016. —416 p.
Vasyutin D.I. Ways to protect the contractor's rights // An interesting science. —2023. —No. 4. —pp. 95–98.
Ivanov I.V. Protection of the rights and legitimate interests of the customer and contractor under the contract for the performance of design and survey work // Bulletin of the MGUA.—2016.—No. 3.—pp. 128-138.
Kondratenko Z.K. On the rights of the customer and contractor to an object of unfinished construction under a construction contract // Lawyer. —2014. —No. 23. —pp. 41–46.
Krasavtseva N. Unscrupulous customer: how a contractor can protect his interests // Housing Law.—2015. —No. 7. —pp. 75–85
Krasnoyarova N.I. Design features of extrajudicial protection of creditor's rights in contractual obligations // Russian Justice. —2014. —No. 11. —pp. 14–17.
Krasnoyarova N.I. The legal nature of the creditor's protective business messages to the debtor under a contractual obligation // Modern law. —2016. —No. 12. —pp. 21–26.
Arsenyakov S.V. The contractor's right to change the price under the construction contract // Lawyer. —2022. —No. 8. —pp. 30–36.
Nefedova T. Additional work under the construction contract: what awaits contractor // Housing law. 2012. pp. 33–52.
Sarbash S.V. The right of retention in the Russian Federation // The right of retention as a way to ensure the fulfillment of obligations. 2nd edition, ispr. —M.: Statute, 2003. —pp. 144–211.
Sharapov V.V. Features of the use of retention in the execution of construction contracts // law and economics. —2007. —No. 2. —pp. 43–48.
Keywords:
contractor; customer; construction contract; protection of subjective rights; violation of subjective right; ways to protect violated subjective right..
Related Articles
