Investment agreement: legal and other aspects

If we consider such a document as an investment contract, then it can be noted that, from a legal point of view, it does not have a definition in the Civil Code. This concept is simply not there. Nevertheless, the documents of this plan have the right to exist in accordance with Article No. 421, which allows persons to have the right to enter into contracts not provided for by the code and other regulatory enactments.

An investment contract is inherently an agreement between the investor and other persons when they carry out investment activities. At the same time, one can learn about what "investments" are from the Federal Law "On Investment Activities" (issued in 1999 (February 25), registered under number 39). According to this normative act, investments are various rights, securities, money and other property that are invested in various objects for profit.

In view of the fact that the investment agreement can be applied in various fields of activity, the procedure for its conclusion and action is regulated by numerous additional documents in the area in which investment is planned. For example, it could be legislation in the sphere of sale and purchase, leasing, government contracts, concession agreements , etc.

The concept of an investment contract also includes the definition of the circle of persons who are parties to such relations. In accordance with the fourth article of the above-mentioned law "On investment activity", if investments are made in the form of capital investments, the project participants can be either directly investors and customers, and contractors, end users and others. In addition, the presence in these relations of banking, insurance, investment organizations and various suppliers is not excluded.

The most common version of such a document is an investment contract in construction. As a rule, the parties to these relations are businessmen who have funds for housing construction, and representatives of local self-government bodies that provide land plots for building. The end result of such relations are the constructed objects, some of which are transferred to state ownership (residential objects or, for example, a kindergarten), while some remain with the investor and are sold at market prices. In addition, land objects are introduced into circulation, which before that were simply idle and did not bring any income.

In the absence of common standards, the investment agreement is developed for each individual subject of Russia on an individual basis and almost always represents a set of documents regulating all stages of the investment process. An interesting feature of this operation is that it has a gratuitous nature of use. Self-governing bodies do not have civil obligations to the investor in the form of transfer of funds.