Legal nature and structure of the intergrated urban development contract (comparative analysis with the development of built-up areas treaty)
Abstract
The article considers legal issues related to a new treaty - the integrated development of the territory agreement. The author notes the special importance of the legal arrangements arising from the contract and the need for their particular regulations and provides a comparative analysis of the legislation. It is the purpose of this study to determine the essential features of the integrated development of the territory agreement for determination of the legal nature and structure of the contract. To achieve this goal the author set the task of comparing the contract to a similarly structured legal form, i.e. the development of built-up areas agreement, to identify common features and differences of these contracts. Nature for integrated development of the territory relations stipulates their legal regulation by means not only urban law, but also civil law rules. All this predetermines the specifics of the parties’ contract obligations. The author analyses the legislation regulating this kind of relations, and based on this analysis abovementioned legislation contradictions are identified. A number of ambiguous examples from the arbitration courts practice are presented herein. General and specific scientific methods – dialectical, comparative-legal, logical, formal-legal were the methodological basis of the study. The author concludes the independence of the integrated development of the territory agreement and its civil law nature. The essential features of the integrated development of the territory agreement, namely an object consisting of two elements, target (focus) of the treaty and the specific subject composition constitute the result of the study. Refs 19.
Keywords:
urban development, contract, integrated urban development contract, territory planning documents, investments, legal nature
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Articles of "Vestnik of Saint Petersburg University. Law" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.