The Civil code and the balance of convenience: how much will shared construction participant get for a tenant builder’s delay

The Civil code and the balance of convenience: how much will shared construction participant get for a tenant builder’s delay

The Civil code and the balance of convenience: how much will shared construction participant get for a tenant builder’s delay

Shared construction participant received apartment keys with almost a year delay and decided to get her penalty amount for that. Courts of first and second instances agreed that the penalty shall be reduced by 11 times, because it was disproportionate to violation. The Supreme Court explained why sent it for retrial.

Experts of Pravo.ru explained how to maintain the balance of convenience in such cases. Sergei Soldatenko, projects manager in Pavlova&Partners law firm, thinks that “if courts will be allowed to unreasonably reduce penalty amounts, then tenant builders won’t have reasons to meet deadlines”.

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