Rakhcheva Yu.N. Retention of customer’s property and finished product by the contractor and classification of retainable objects

Abstract: This article reviews the key details of retention of customer’s property and finished product, their theoretical and practical aspects. The subject of this research is the legal norms regulating the procedure of retention, scientific works of Russian civilists, as well as materials from legal precedent. As a result of the conducted research, the author offers classification of the objects of retention and provides a detailed review of each object individually. Attention is given to the problems related to exercising the right to retention, especially the problem of retaining a finished product represented by an object of real estate. The author concludes that at this time it is difficult to exercise the right to retain objects of real estate. This fact is confirmed by the ambiguous and controversial legal precedent, examples of which are offered in this article. Thus, in order to exercise the right to retention of such disputable objects as a result of construction work, unfinished and renovation projects, the procedure of exercising the right to retention of such objects should be established on the legislative level.

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