Participation in the construction is a contract according to which the owner of the property gives his property to a builder and the builder undertakes the executive operations and costs of demolition and renovation of the building and according to the value of the land and the costs Demolition and renovation, the division of the built apartment units is done between the parties. Therefore, "participation in construction" is a joint investment for the construction of an apartment between the owner or owners on the one hand and the operator or operators on the other hand, which is the first group of land And the second group will bear the expenses." The parties to the contract. Participation in the construction of the parties to the contract means that one or more people commit to something in front of one or more other people and it is accepted by them. In the construction partnership contract, there are two parties to the contract, the first is the owner of the land and the second is the project manager. And these two make obligations to each other, which is the owner's obligation to hand over the land as his capital to the executor, and in return the executor's obligation to pay the costs of building the apartment as his capital.
Among the obligations of the owner, the main and most important obligation of the owner is to hand over the land to the project manager. In fact, according to the nature of this contract, it can be said that not only any condition that is contrary to this issue is not valid, but also invalidates the contract. Surrender of the traded land is one of the requirements of the civil partnership contract and according to the rule "permission in the object is also permission in its accessories", the owner is bound to it even if it is not mentioned in the contract and according to the general principles it can be said If there is no provision in the text of the contract from the time of handing over the land to the executor, the owner is required to seize the land as soon as the contract is concluded, according to the legal effects of the contract. Among the obligations of the project manager, the most important obligations that the manager can undertake are: A - Paying the construction costs of the project B - Paying the administrative costs of the project C - Paying a monthly fee to the owner for the rent at the time of construction
The participation contract is necessary in the construction of a contract. In this way, the parties will not have the right to cancel the contract except through falsification of the choice in the contract, cancellation or the emergence of a cause for the choice in accordance with the civil law. Defects in the quality of project implementation, in order to prevent possible abuses, the parties to the contract may take guarantees from each other, such as checks, in exchange for fulfilling the obligation. For example, in the matter of participation in construction, naturally, the builder or contractor may not fulfill contractual or conventional obligations in terms of using materials and their type and quality, or the correct implementation of construction operations. It is customary to take guarantees from the manufacturer in this regard, so that in case of violation, the other party can collect the corresponding damages from its location. It should be noted that the legal basis and origin of the claim in such cases is not the damage of breach of obligation; Rather, in fact, it is a defect that is calculated according to Article 427 of the Civil Code.
Defects in the quantity of project implementation in many cases, due to financial incapacity or any other reason, will stop the work process and suspend the project and the implementation of the contract, this will be to the detriment of the other party. After filing a lawsuit, the builder is forced to fix the defects and perform the obligation by the court order, and then in case of objection, the other party with the permission of the court will be allowed to remove the defects to the builder's account and the scope of implementation, to pay the cost from his property. manufacturer) receives. According to Article 239 of the Civil Law, if it is not possible to compel the other party to perform a conditional act, and the conditional act is not one of the actions that someone else can perform on his behalf, the other party has the right to terminate the transaction.
It is also related to the owner or the first party of the contract, for example, if the mentioned person fails to fulfill his obligations, including the delivery of relevant documents and documents on the set dates, or the failure to prepare an official document regarding some of the property according to the progress of the work, in If the agreed deadline is delayed and... delay in fulfilling the obligation in the contract of participation in the construction, the parties are considered responsible for the delay in fulfilling the obligation, and if it is included in the contract, they are obligated for every day or every month of delay, an amount as damages or pay the obligation to the other party, which can be collected from the received guarantees or the property of the other party. Of course, it should be kept in mind that the condition for claiming damages is that the party who violates the obligation, according to Article 228 of the Civil Code, cannot prove that the failure to perform on time is the result of unforeseeable and preventable events or caused by the actions of the other party and lack of He has fulfilled his obligations.
Starting the work of the construction participation project in the contract, usually the start date of the contract period is set as the date of delivery of the property by the owner, which must be delivered with a written meeting report, and in this way, the delay in delivery does not lead to a reduction in the duration of the contract. For a delay in delivery, they set a delay damage for a certain period of time and give the manufacturer the right to terminate the contract after that date. The owner must provide the basis for the implementation of the contract and the continuation of the project as far as it concerns him. Legal authorities such as the municipality and other related institutions recognize the owner, so the owner must give a comprehensive work power of attorney in this regard to the builder or, in necessary cases, personally handle legal affairs. Follow up the relevant to prevent disruption in the continuation of the project. When will the property document be in the name of the builder?! Since the official document is in the owner's name, the builder wants to prepare the document in his own name in proportion to his shares in the property involved. It seems that setting the document in the name of the builder at the beginning of the contract should be avoided and the reason for this is clear because the builder does not yet have a deposit to be able to share a part of the owner's deposit, so it is better to pay 50% of the same amount after the progress of the project. The builder's share should be drawn up in his name, and the rest at the end of the project, with the necessary guarantee being obtained from the owner in this regard, and the necessary performance guarantee, such as damages for the delay in drawing up the document, or a sufficient deposit should be provided in the contract.
Why are we required to provide a schedule in the construction participation contract?! If you do not predict the schedule until the end of the contract period, you cannot claim constructive violation regarding the implementation period, and while you are sure that the project will not be implemented, you must wait until the end of the contract implementation period and then start legal actions, which result That entry is a great loss to the owner. The status of the project in the case of termination of the contract by the owner, for example, the project may have 20% progress and the owner may terminate the contract due to the suspension of the implementation and using the condition in the contract. In this case, what is the status of the developer's rights? In this regard, if there is no specific arrangement in the contract, it is necessary for the owner to estimate the reason for the costs incurred by the builder by obtaining a guarantee, and in this case, the builder will be a partner in the project according to his contribution, and the subsequent effects and consequences of the common property. The project will be troubled. In order to avoid such a situation, it is necessary to provide in the contract that in case of fulfillment of the conditions of termination and its implementation, the owner-builder is only entitled to demand the costs incurred after deducting the damages and will not have any objective rights in the property involved.