RELEVANT ASPECTS OF THE CONTRACTUAL FORM OF SHARED CONSTRUCTION OF COMMERCIAL REAL ESTATE

The author has substantiated the actual aspects of shared-equity construction contracts for commercial real estate. Contractual and corporate forms of implementation of shared-equity commercial construction relations are united by common goals, risks, conditions of joint investment and construction mandatory design and safety requirements. The main participants in the contractual (non-corporate) form of shared-equity commercial construction within the framework of investment projects can be individuals with the status of sole proprietors and corporate entities — investors or contractors. The implementation of shared-equity commercial construction relations is possible with the use of named (simple partnership agreement, investment agreement, shared-equity construction agreement, etc.), as well as unnamed contracts. In order to establish the commercial nature of the shared-equity construction contract, it is advisable to supplement the norms of the relevant legislation with expanded entrepreneurial powers of its parties.