SHAREHOLDERS AS A WEAKNESS OF THE CONTRACT OF SHARE CONSTRUCTION

Abstract

The article is devoted to the analysis of legal mechanisms for protecting a shareholder as a weak party in a shared construction agreement. The object of the research is the civil law relations arising between the developer and the shareholder, and the subject is the methods of legal protection of the latter’s interests in conditions of contractual inequality. Within the framework of this study, legal norms and theoretical views of domestic and foreign lawyers on the issue of protecting the rights of participants in shared housing construction were used. The comparative legal method, analysis and synthesis, observation, generalization, induction, and deduction methods were also applied. The work emphasizes the signs of contractual vulnerability of shared construction participants: increased interest in concluding a contract, information asymmetry, limited negotiation opportunities, and lack of professional knowledge of the shareholders in the construction of apartment buildings. The novelty of the research lies in the proposal of specific legislative changes aimed at eliminating abuses by developers and strengthening the legal protection of shareholders. In particular, the author proposes to equate shareholders with persons subject to protection in accordance with the legislation on the protection of consumer rights, to introduce an open register of shared construction contracts for all, as well as to establish the collateral rights of shareholders to the housing and land plots being built.