Comment of Aleksey Altuhov, projects manager of Pavlova&Partners law firm.
The SC has protected citizens from machinations of developers and has suppressed formalist approach of courts. Now if a tenant builder bankrupts with agreement signed through an integrator company, the buyer has a right to get an apartment anyway. SC on example of such situations gave clear and reasonable instructions to courts. Lawyers think that they have very high practical importance <...>
Lawyers’ opinion
This controversy showed one of the most long-standing problems in Russia - formalist approach to settlement of disputes, says Sergei Lisin, BGP Litigation consultant. The Economic College of the SC reasonably criticized it, says Aleksey Altuhov, project manager of Pavlova&Partners law firm: the SC judges made it necessary to determine if the debtor raised monetary funds of participants in shared construction.
Read more