If you provide legal support for registration of land plots for construction, are engaged in resolving disputes on cadastral plans of land plots, support real estate transactions and state registration, then our course “Lawyer on Land Law” will be useful to you.
The program covers in detail the questions:
- How to formalize land plots for construction without errors and refusals.
- How to work with project documentation.
- What changes have occurred in the regulation of real estate transactions.
- What is new in judicial practice.
- What has changed in procedural legislation.
Course Program
Land and town-planning bases of construction
- Registry-system sources on land for construction.
- Places prohibited for construction.
- The system of town-planning and substantiating documentation.
- Zones with special conditions for the use of territories.
- Conditions and main stages of construction registration.
- Cases of compulsory documentation on territory planning.
- Construction approvals.
- Grounds for refusals to obtain land plots on various grounds.
- Redistribution and clarification of boundaries of land plots.
Tools for effective contractual work
- Contractual work. Regulations on preparation, coordination, signing, execution, accounting and storage of contracts (RDR).
- Construction of contractual work. Stages of contractual work.
- Preparation of draft contracts. Harmonization of draft contracts. Distribution of competence between the coordinating departments.
- Essential conditions of contracts. List of essential conditions of contracts.
- Problems of signing contracts. Authorized person of the counterparty. Presumption of reliability of the Unified State Register of Legal Entities.
- Liability in contractual work. DDR Code of Violations. Formation of contractual culture in the Company.
- Effective negotiation skills.
- Formalization of powers of attorney. Determining the scope of powers of a proxy. Regulations on issuing powers of attorney.
- Safe delegation of powers to the General Director. Delegation of authority matrices. How to divide powers between several directors.
- Signing “closing” documents. How to reduce the risks of a party not signing invoices, acts and the like. What to do if the counterparty does not sign “closing” documents.
- Regulations of legal claim work. Criteria for sending a claim. Checking the validity of incoming claims. Requesting the necessary documents from departments.
- Preparation for litigation. Checking the jurisdiction of the claim.
- Obligatory participation of a specialist of the “profile” division in the court process.
- Tactics and strategy of the court case.
- Electronic documents, signatures, electronic approval and electronic court proceedings.
Novels in real estate transactions and state registration
- What is real estate. Types of real estate objects.
- Accounting of real estate objects.
- Dacha and garage amnesty.
- Features and types of transactions with real estate.
- Rules for registration of real estate transactions.
- Transactions with real estate developers. Share participation agreements.
- Cadastral value, new rules of contestation.
- Verification of the real estate object and parties to the transaction.
- Bankruptcy and challenging transactions.
- Challenging transactions with real estate in the general civil procedure.
Topical issues of judicial practice and application of procedural law norms.
- Significance of principles of law in judicial practice.
- Topical issues of application of Estoppel principle in judicial practice of recent years.
- New ways of proving fictitious transactions. Bankruptcy experience and heightened standards of proof.
- How the weak-party defense doctrine works.
- How judges apply the lost chance doctrine.
- What to do about professional representation.
- An outline of recent procedural law changes.
- The Code of Administrative Procedure.
- When you can go to arbitration without a diploma.
- Changes in the jurisdiction of certain categories of cases considered by courts of general jurisdiction and arbitration courts.
Contracts in construction
- Pre-contractual arrangements: protocols of intent, preliminary contracts, options, agreement on the procedure of negotiations.
- Contract conclusion, pre-contractual disputes and protocols of disagreement. Disputes related to recognizing contracts as non-concluded.
- Typical mistakes in the wording of contractual terms. Incorrect qualification of the parties’ relations and wrong choice of the subject. Self-regulation in construction, national register of specialists.
- Use of electronic communication channels in the conclusion and execution of contracts, the complexity of electronic correspondence.
- Contractor-type agreements in construction: legal requirements to the form of the contract, essential terms of the contract, rights and obligations of the parties, the procedure for settlements for work performed, technical documentation and estimates, recommendations on additional provisions included in the contract in order to minimize risks.
- Methods of securing the rights of the customer: indemnification of losses, assurances of circumstances, guarantee, surety, security retention.
- Methods of securing the contractor’s rights: rules of document flow, right to suspend work, right to increase the contract price, right to withdraw from the contract, fee for withdrawal from the contract.
- Delivery-acceptance of completed works: accents.
- Contract for execution of design works, copyright objects in design documentation, transfer of exclusive rights to documentation – in what cases it is necessary.
- Contract of author’s supervision: legal nature of the contract.