Relevant bibliographies by topics / Real estate development – Law and legislation

Academic literature on the topic 'Real estate development – Law and legislation'

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Published: 25 July 2024
Last updated: 26 July 2024

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Journal articles on the topic "Real estate development – Law and legislation"

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Ko, kwan yong, and Kwang Dong Park. "A Study on Real Estate Legislation in Indonesia: from the perspective of legal exchanges." Korea Association Of Real Estate Law 26, no. 2 (June 30, 2022): 1–16. http://dx.doi.org/10.32989/rel.2022.26.2.1.

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Korea and Indonesia are economic partners. And Indonesia is the target country of Korea's official development assistance. Currently, legal exchanges between Korea and Indonesia are actively progressing in terms of legislation. Since Indonesia has strong social, cultural, and regional diversity, the legal system and contents of real estate legislation are complicated and difficult to access. Legal exchanges between Korea and Indonesia on real estate legislation need to review the Rule of Law Index by the World Justice Project. In this case, it is necessary to apply the criteria of Constrains on Government Powers and Open Government. After applying these standards, strong matters that are value-neutral and procedural should be selected as specific targets for exchange of real estate legislation. After that, various discussions on legal improvement should be held. In addition, it is necessary to look at the economic feasibility of legislation and the ease of access to legislation. In other words, it is necessary to carry out legal exchanges to establish a legislative system that can concisely and uniformly regulate Indonesia's complex real estate legislation.
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Гольцов, В. Б., and Н. М. Голованов. "HISTORICAL INSIGHT Into Formation and Development of Norms of Civil Law on Real Estate in the Russian Federation." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 3 (October 15, 2023): 114–22. http://dx.doi.org/10.26163/gief.2023.78.69.015.

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В статье исследуются вопросы об исторических аспектах использования в гражданском законодательстве России термина «недвижимость» и изменениях его содержания на протяжении последней трехсотлетней законодательной практики, а также взгляды российских правоведов на сущностные признаки объектов недвижимого имущества. Показано современное видение категории недвижимости российским законодателем, разделение ее на недвижимые вещи по естественным свойствам и по закону. Проанализированы критерии, согласно которым объекты недвижимости подразделяются на виды. Рассмотрены особенности отнесения к недвижимости вещей в ведущих государствах Западной Европы, входящих, как и Россия, в романо-германскую правовую семью, а также в Великобритании и США, относящихся к англосаксонской правовой семье. Сформулированы предложения о внесении коррективов в законодательство, регламентирующее основания отнесения вещей к объектам недвижимости. The article examines historical aspects of the use of "real estate" term in the civil legislation of Russia along with changes in its content taken place during the last three centuries of legislative practice. The paper also focuses on the views of Russian legal scholars related to the essential features of real estate objects. The modern Russian legislator’s vision of real estate category is shown with the division thereof into immovable things as per its natural characteristics and according to the law. The criteria by which real estate objects are divided into types are analyzed. Particular attention is paid to specific features of attribution of things to real estate in the leading states of Western Europe, as Russia alike belonging to the Romano-German legal family, as well as in the UK and the USA, belonging to the Anglo-Saxon legal family, are considered. Proposals are being made to adjust the legislation regulating the grounds for classifying things as real estate objects.
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Temeljotov Salaj, Alenka, Jerica Jančar, Mojca Štritof Brus, and Gorazd Trpin. "The Development of the Real Estate Investment Fund for the Purpose of Regional Development." Lex localis - Journal of Local Self-Government 9, no. 3 (July 4, 2011): 265–81. http://dx.doi.org/10.4335/9.3.265-281(2011).

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In this research, an attempt is made to present the field of real estate funds in Slovenia, to point out the differences between private and public real estate funds, and explore some possibilities of public-private partnerships in this field. ‘Consumers in Europe’ (2009) Eurostat data shows that in 2007 Slovenia belonged to the states which had more than 80% of owner occupied dwellings in their total housing stock, 4.8% of the stock presents commercial rental units and only 1.3% of the stock consists of non-profit rental apartments. This issue is being examined in order to establish whether an introduction of Real Estate Investment Funds to Slovenian legislation and their cooperation with public funds could contribute to solving the problematic lack of rental apartments in Slovenia, especially in the non-profit segment.
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Дзьоник, Виталий Романович, and Ксения Владимировна Савчик. "Concept of Unitary Real Estate Object and its Development in Russian Law." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 2 (June 15, 2021): 68–71. http://dx.doi.org/10.26163/gief.2021.66.56.010.

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Изучение концепции единого объекта недвижимости применительно к нормам российского права является достаточно популярной темой для проведения научных исследований, так как данная концепция успешно функционирует в некоторых странах континентальной правовой семьи. Актуальность данной темы обосновывается проводимым реформированием гражданского законодательства, в том числе направленным на внедрение в российское право института единого объекта недвижимости. The study of the concept of unitary real estate object in relation to Russian law is a rather popular topic for scientific research, since the concept in question is successfully functioning in civil law jurisdiction. The ongoing reforms of civil legislation, including ones aimed at introducing the institution of unitary real estate object into Russian law determines the relevance of the research.
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Яковлев, Вениамин, and Vyeniamin YAkovlyev. "Problems of Private Law in Modern Conditions." Journal of Russian Law 4, no. 1 (January 25, 2016): 0. http://dx.doi.org/10.12737/17225.

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Recent intensive development of private law, which is presented by three successful codifications in the field of the civil, family, labor law in Russia, is noted in the article. Current changes of the Russian civil legislation as well as planned ones are described. To number of the main problems the author refers violations of the principle of good faith by participants of civil turnover, lack of effectiveness of the Federal Bailiff Service, insufficient security of the civil rights for real estate. In this regard it is necessary to form a notarial certification of real estate turnover, to keep availability of information from the state register of real estate for citizens, raise the status of the Federal Bailiff Service and strengthen its position by hiring highly qualified specialists.
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Chen, Shuxiu. "Legal issues of implementation of the principle of publicity of the real estate register in the People’s Republic of China." Право и политика, no. 10 (October 2021): 22–33. http://dx.doi.org/10.7256/2454-0706.2021.10.36757.

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The principle of publicity is one of the basic principles of real right and one of the important conditions for implementation of the principle of public credibility of the real estate title registration. During operation of China’s Law on Real Rights, a range of problems has emerged with the provisions in this part in doctrine and practice, for example: nature of the registration authority and its impact upon operation of the principle of public credibility of the real estate register, ambiguity of the category of interested person, method of confirmation of interest of the applicant, etc. Due to time constraint, these issues have not been eliminated as a result of recent enactment of the Civil Code of the People's Republic of China. There are plenty of disputes within the Chinese civil law doctrine. This article analyses the evolution of the legislation in force regarding the principle of publicity of the real estate register and state registration in PRC, as well as outlines the array of issues. The goal of this research lies in determination and assessment of significant flaws in the current legislation. The novelty consists in critical analysis of the existing problems and gaps in current legislation of the People's Republic of China, as well as the author's position based on the analysis of China’s social situation. The acquired results reveal the need for the development of the unified scientifically grounded legislation. The author believes that this work would contribute to development of the next stage of PRC legislation in terms of real estate title registration, lay groundwork for implementation of the principle of public credibility of the real estate register, as well as familiarize Russian audience with China’s experience on the matter.
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Osmanov, O. A. "On the concept and types of real estate property in the light of reforming of the civil legislation of the Russian Federation." Law Нerald of Dagestan State University 41, no. 1 (2022): 79–84. http://dx.doi.org/10.21779/2224-0241-2022-41-1-79-84.

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This article is devoted to the analysis of the category of "real estate" civic in the legislation of the Russian Federation and a number of European countries. The main methods for achieving results are historicallegal, formal-legal, systemic, comparative-legal, individual logical techniques, methods of interpreting regulatory documents. The article is of a scientific and practical nature and examines certain aspects of the legal regime of real estate. This category has historically passed a long and difficult path of formation from the provisions of Roman law to the modern legislation of the countries of continental Europe and the Anglo-American legal system. Real estate as an object of civil rights has special features, legal nature, and the history of its origin and development as a legal institution is also specific. The author made an attempt to investigate the history of formation, the concept and features of real estate as an object of civil law, the features of its legal regulation in certain foreign countries and in modern Russia. The specifics of fixing this institution in separate acts on amendments to the Civil Code of the Russian Federation are considered. The main conclusions were the characteristics of the signs of real estate, the content of the rights and obligations of the copyright holder, the peculiarities of the emergence and acquisition of rights to real estate, the formulation of the main shortcomings of its legal regulation in the current legislation and the merits of the changes that come into force on March 1, 2023.
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Brzezicki, T., and P. Kornieiev. "Tax on real estate, other than land." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 210–14. http://dx.doi.org/10.24144/2307-3322.2021.65.38.

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The study examines the mechanism of real estate taxation. The current state of their functioning in Ukraine is analysed in detail. Problems of legal and regulatory nature are also investigated. The main features that characterize this tax, both in Ukrainian and Polish legislation, are also described. In addition the feasibility of reforming the tax base in the Ukrainian legislation is analyzed. Analyzed the experience of foreign countries, and held a parallel to the functioning of the tax in Poland, as an example, one of Europe’s economically developed countries. This article focuses on tax on immovable property. The introduction of real estate tax in Ukraine has followed a difficult path. The authors emphasize that development, and global development, is not possible without the socio-economic development of the country. In the authors’ view, development must begin in the cities, namely with the effective formation of local budgets. Because the financial resources of the cities have a direct influence on the solution of social and economic problems. The problem of deficiency of financial resources of cities, is a frequent problem on the territory of Ukraine. Therefore, we consider it necessary to pay attention to the European practice of countries that have a rational approach to the redistribution of income, with the help of certain tax rates, or by applying the benefits provided by the legislation. Statistical data shows that property tax has been introduced in about 130 coun-tries, thereby providing a significant part of budget revenues. The study is written using the descriptive method on the basis of administrative court jurisprudence and tax law literature.
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Alexeev, Vadim A. "Territorial Real Estate Complexes and New Legislation on Common Shared Ownership." Zakon 21, no. 6 (June 2024): 111–23. http://dx.doi.org/10.37239/0869-4400-2024-21-6-111-123.

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The article analyses the meaning of the new norms of the Russian Civil Code on common shared ownership of common property of owners of real estate (buildings, structures and land plots) included in territorial complexes. It concludes that the norms of § 2 of Chapter 16 of the Civil Code cannot be considered as a legal basis for the emergence of shared ownership of common property in territorial real estate complexes. The norms of the Civil Code serve as the basis for the emergence of common shared ownership only for owners of premises and parking spaces in buildings and structures. For other real estate complexes consisting of buildings, structures, land plots, either a special law is required, which in this case acts as the basis for the emergence of shared ownership, or a joint expression of the will of all property owners — a transaction. At the same time, Art. 259.1 of the Civil Code opens up the possibility of carrying out such transactions, defines the conditions under which they can be concluded, and the characteristics of the object of such transactions — the common property of the owners of immovable things. The author criticises the conditions provided by law for the emergence of shared ownership of common property — the definition of the boundaries of the common territory and the physical or technological connection of the complex’s objects — and believes that such a condition should be the presence of common property. The proposal for the development of legislation is to establish a unified legal regulation of relations in any territorial real estate complexes, abandoning special laws on certain types of such complexes.
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VEDENIN, ALEXANDR A. "One Real Estate Complex: Concept and Prospects of Law." Proceedings of the Institute of State and Law of the RAS 15, no. 3 (July 31, 2020): 124–40. http://dx.doi.org/10.35427/2073-4522-2020-15-3-vedenin.

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One of the most important and discussed topics of Russian civilization is the issue of objects of civil law. The topic under study is not adequately reflected in domestic civil law and judicial arbitration practice. According to legal scholars, the ongoing changes in domestic civil legislation have not eliminated problems that relate to objects of civil law. The constant complication of civil law turnover and the development of domestic science of civil law are forced to carry out targeted work in this direction. The domestic legislator initiates the necessary new norms of civil law. As a result, this entails, among other things, the emergence of new objects of civil law. The expediency of expanding the list of objects of civil law requires a rethinking of existing legal concepts and work on serious theoretical and practical justification of new ones. In legal science and practice, the need to include the legal concept of "single immovable complex" in the current civil legislation of the Russian Federation is proved Legal scholars have formed various opinions that characterize it. Domestic civilizations have identified and analyzed the theoretical and practical shortcomings of a single immovable complex. A comparative legal study of a single real estate complex, an enterprise as a property complex, a complex thing was carried out and it is confirmed that they are not identical. Obviously, a single immovable complex is a necessary and relevant legal concept of domestic scientific thought. In order to create a single real estate complex, some conditions are needed. The rights holder of movable and immovable property by his will decides to create it. The permitting authorities, through State registration, decide to establish. Disadvantages of a single immovable complex, both theoretical and practical, are indicated. Similarities and differences in the design of the enterprise as a property complex, a complex thing, and a single real estate complex made it possible to identify the features of the legal status of the latter and distinguish it as an independent object of civil rights. Despite the fact that in the Civil Code of the Russian Federation there are such legal concepts as "enterprise as a property complex" and "complex thing," the inclusion of a single real estate complex in the current civil legislation is necessary. The legal significance of this concept is unconditional. It justifies its own point of view on the problem and the place of a single immovable complex in the system of objects of civil law. Recognizing the need for the concept of "single immovable complex" in the current civil legislation of the Russian Federation, the domestic legislator should focus on its significant theoretical and practical shortcomings that impede the effective enforcement of the provisions of Art. 1331 of the Civil Code of the Russian Federation. Domestic legislators need to give them an appropriate legal assessment, as well as suggest effective ways to solve them.
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Dissertations / Theses on the topic "Real estate development – Law and legislation"

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Steele, Kristopher Stephen. "New York City local law 97 : an analysis of institutional response & decision making towards groundbreaking carbon emissions legislation." Thesis, Massachusetts Institute of Technology, 2020. https://hdl.handle.net/1721.1/129002.

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Thesis: M.C.P., Massachusetts Institute of Technology, Department of Urban Studies and Planning, September, 2020
Thesis: S.M. in Real Estate Development, Massachusetts Institute of Technology, Program in Real Estate Development in conjunction with the Center for Real Estate, September, 2020
Cataloged from student-submitted PDF of thesis.
Includes bibliographical references (pages 98-102).
In May 2019, New York City (under Mayor Bill De Blasio) enacted its own version of the Green New Deal called the Climate Mobilization Act, a local law to amend its charter and administrative code to achieve certain reductions in greenhouse gas emissions by 2050. The Act comprises a series of ten bills passed by the New York City Council including a tax on paper bags, a green roof mandate, and a process to close oil and gas plants around the city, amongst others. One major portion of this Act is a bill to limit greenhouse gas emissions, caps, on tens of thousands of buildings in the City. This mandate, called Local Law 97 (LL97), is the first of its kind in any large city in the world. This thesis focuses specifically on LL97, which limits carbon emissions on buildings over 25,000 square feet on real estate product types such as, commercial office spaces, healthcare facilities, residential co-ops, condos, and rental apartment buildings. It examines the characteristics and impacts of the law on real estate owners, as well as the city. It diagnoses how owners are responding to the law and where improvements can be made as this model becomes replicated globally through industry surveys. Since its approval in the Spring of 2019, a number of cities have expressed interest in promulgating similar regulations, though little research analysis has been undertaken to fully evaluate the implications of LL97, whether or not the policy falls short of our goals, or if it's even achievable. It finds and later recommends, that amendments to the law, such as carbon credit portfolio trading, the incorporation of additional asset types, and green leases, amongst others, can help to achieve Local Law 97 goals with enhanced success and mitigated burdens on New York City real estate owners.
by Kristopher Stephen Steele.
M.C.P.
S.M. in Real Estate Development
M.C.P. Massachusetts Institute of Technology, Department of Urban Studies and Planning
S.M.inRealEstateDevelopment Massachusetts Institute of Technology, Program in Real Estate Development in conjunction with the Center for Real Estate
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Ho, Chong In. "Legal issues arising from remuneration of real estate brokers in Macau." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3537211.

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Siame, Chilengwe George. "Broadening the tax base: a case for the informal real estate sector in Zambia." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1003852.

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The main objective of the study was to analyze the potential tax collection from the informal rental housing market in Zambia, using household level rental housing data collected for the Lusaka Urban District by the Central Statistical Office (CSO) as a basis for computation and extrapolation to the national level. This data was used to analyze household monthly expenditure on housing (rent), the total number of households in rented accommodation, and the tax regime applicable on rental income, to estimate the potential tax revenue that could be realized from this emerging sector. The estimates indicate that about K9.7 billion revenue could be collected on income from rental housing in Lusaka Urban District alone and a total of K83 billion nationally per annum. This represents about 0.4 percent of the country’s GDP in 2007. Compliance needs to be improved and legislation revised to ensure that the landlords are compelled to remit tax to the Zambia Revenue Authority. The current legislation makes enforcement and compliance difficult as it places the statutory tax burden on tenants, who are very mobile. It is, therefore, recommended that the landlord is made responsible for the payment of taxes due on rental income and that any compliance requirements be enforced against the real estate/property that is generating the income. This study also examines the performance of the presumptive taxation regime in Zambia The study uses data from the Zambia Revenue Authority on revenue collection from presumptive taxes which were introduced to capture income from the informal sectors. The presumptive taxes already introduced in Zambia include: base tax, advance income tax and turnover tax for minibuses and taxi operators. To analyze the performance of the presumptive tax regime, the study utilizes data on imports made by those not registered for taxes, to estimate how much revenue could be generated by imposing a 3 percent turnover tax on the value of their imports at importation. The analysis shows that the Zambia Revenue Authority increased revenue collection from K5.3 billion in 2004 to K33.5 billion in 2007. This improvement in revenue collection is far below the potential, however, which is estimated at over K501 billion on imports of unregistered traders alone. To collect this revenue and expand the tax base, the tax authority needs to improve the administration of advance income tax on unregistered importers, and raise the advance income tax rate to a level where the importer is indifferent between paying the advance tax at the border and paying turnover tax inland.
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Rowntree, Lenore Ruth. "Innovations in the law of lending : a study of the participation mortgage and a proposal for reform of the law of commercial mortgages." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26145.

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The period of high inflation during the late 1970s and early 1980s forced lenders to reconsider their methods of financing commercial real estate projects. During this period, lenders began experimenting with various new forms of mortgage documentation designed to support innovative financing techniques. Many of the innovative techniques developed included a participation feature whereby the lender, in addition to earning a fixed rate of interest, also participated in either the income from a project or the increased value in its equity, or both. As a result of instituting these techniques, both lenders and developers expanded their view of what a commercial mortgage entails. It is unlikely that lenders will return to viewing their role as that of simple renters of money. Since the law of mortgages in Canada has not been sufficiently flexible to adequately accommodate these innovative techniques, there is a need for reform of the law of commercial mortgages. In this paper, the writer will review the current commercial lending practices and discuss the advantages and disadvantages of the most commonly used forms of participation financing. The conclusion will set out a proposal for the reform of the law of commercial mortgages. Central to its recommendations will be the concept that the commercial mortgage should be regarded as a contract for a debt and not as a conveyance of an interest in property. This concept will allow the commercial lender and borrower the contractual freedom to enter into the bargain that best reflects their financing intentions without being hampered by the historical incidents of a common law mortgage.
Law, Peter A. Allard School of
Graduate
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Wong, Hung-choi, and 黃雄才. "The effectiveness & efficiency of legislative control on the management of private sector property in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31968314.

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Lam, Kit-wah, and 林杰華. "How Building Management Ordinance enhances the competitiveness of the private residential property management market?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2006. http://hub.hku.hk/bib/B4500853X.

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Xu, Huan. "Do contrato de mediacao imobiliaria." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3537098.

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Botha, Brink. "A critical analysis of the influence of the "Prevention of the illegal eviction from and unlawful occupation of Land Act 19 of 1998" on investment in residential income-producing property." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/321.

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This research will focus on the influence of legislation (as indicated in this research) on the investment decision in residential income-producing property. Assumptions, as recorded in the hypothesis of this study, indicate that the legislation had a changing influence on the investment decision in residential income-producing property in comparison to the time period prior to the promulgation of the legislation. The research methodology will be based on a comparative analysis of the current legislation and the proposed Draft Amendment Bill. This analysis will be tested by means of a case study analysis incorporating a phenomenological study based on written data. The problems, sub-problems and hypothesis will be addressed and tested in this research in conjunction with the prescribed research methodology. This research is concluded by means of a synopsis and recommendations.
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Wong, Yun-chuen, and 王潤泉. "Legislative and administrative changes in transition: a case study of property management service in Macau,1994-2004." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B45009107.

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Naidoo, Loganathan. "An evaluation of the use of testamentary and Inter vivos trusts as estate-planning vehicles and the development of holistic estate-planning models involving the use of these trusts." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1008100.

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Trusts are subject to multiple fOl1lls of legislative regulation dealing with taxation and governance. Trusts were widely used by planners as taxavoidance shelters. Tax legislation was amended to subject trusts, other than special trusts as defined, to the highest income tax rate of forty percent, in tel1llS of section 5(2) of the Income Tax Act, 58 of 1962. The inter vivos trust is also subject to a wide range of anti-avoidance measures, including those contained in sub-sections (3) to (8) of section 7 of the Income Tax Act and Part X of the Eighth Schedule to the Act, as well as the general anti -avoidance measures in section 103. These measures impact negatively on the use of trusts for estate-planning purposes. The research objective was to evaluate the use of testamentary and inter vivos trusts for estate-planning purposes and to develop a holistic estate-planniD.g model incorporating these planning instruments. Both the testamentary trust and the inter vivos trust were evaluated against broad principles of effective estate planning and the taxes and duties applicable to them. The research also reviewed the writings of financial planners on various techniques and models used for estate planning, as wells as case studies documented in the literature. The research developed and evaluated holistic estate-planning models incorporating testamentary trusts and inter vivos trusts, respectively. By neutralizing the effects of various taxes and duties, it was demonstrated that it is possible to develop an estate plan that satisfies most of the requirements of effective estate planning.
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Books on the topic "Real estate development – Law and legislation"

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Daley, Rick. Real estate development law. St. Paul, MN: West, 2011.

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Lachman, Gary S. Real estate investment, development & law. London: PEI, 2010.

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Hellmuth, Theodore H. Real estate law. 3rd ed. [St. Paul, Minn.]: Thomson/West, 2006.

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Hellmuth, Theodore H. Real estate law. St. Paul, Minn: West Pub. Co., 1985.

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Hellmuth, Theodore H. Real estate law. 2nd ed. Saint Paul, Minn: West Group, 1998.

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Institutes, Government, ed. Wetlands and real estate development. Rockville, MD, U.S.A: Government Institutes, Inc., 1988.

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Jennings, Marianne. Real estate law. Mason, Ohio: South-Western Cengage Learning, 2013.

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Jennings, Marianne. Real estate law. 9th ed. Mason, Ohio: South-Western Cengage Learning, 2011.

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Jennings, Marianne. Real estate law. 5th ed. Cincinnati, Ohio: West Educational Pub. Co., 1999.

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Jennings, Marianne. Real estate law. 3rd ed. Boston: PWS-Kent Pub. Co., 1992.

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Book chapters on the topic "Real estate development – Law and legislation"

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Кіріяк, Оксана Василівна. "Глава 6. Особливості гарантування речових прав на об’єкти нерухомого майна, які будуть споруджені в майбутньому у контексті діяльності нотаріу­сів." In Серія «Процесуальні науки», 265–88. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-765-1-2-6.

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In the whole world, the role of regional spatial planning as the most effective tool for the use of the area is growing, in Ukraine there is also a need to formulate an appropriate policy in this area. This is undeniably important, because a properly constructed infrastructure network contributes to balanced socio-economic development of regions, improvement of people’s quality of life, and also provides for responsible management of natural resources, protection of the environment, and recovery after the victory over the aggressor.The category of guaranteeing property rights to real estate objects that will be built in the future belongs to those legal phenomena of civil law, the legislative regulation of which is just beginning to acquire an orderly character, and in this the legislator has laid real prospects for further development, and therefore for the next detailed study such rights.The Ukrainian state has gone a long way towards strengthening institutionalization and guaranteeing property rights to real estate objects that will be built in the future. The current situation in the researched area is characterized by the ratio of the relatively consistent consolidation of the main guarantees of the realization of property rights with the obviously unsatisfactory state of their practical implementation, which is expressed in the impossibility for the majority of the population to fully enjoy their rights, in their systematic violations and in the absence of reliable mechanisms for their restoration and protection. The same with regard to further scientific research, we can confidently conclude that in the current conditions, the epicenter of doctrinal and legal efforts should shift from the formal recognition and ascertainment of real property rights to real estate objects that will be built in the future, to the implementation of their real guarantee.
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Ratcliffe, John, Michael Stubbs, and Miles Keeping. "Planning Law, Legal Principles, and Planning Practice." In Urban Planning and Real Estate Development, 41–130. 4th ed. New York: Routledge, 2021. http://dx.doi.org/10.4324/9780429398926-3.

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Pfeiffer, Roberto Augusto Castellanos. "Real Estate Under Construction, Consumer Law and Development." In Consumer Law and Socioeconomic Development, 317–30. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55624-6_22.

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de Moura, Walter José Faiad, and Leonardo Roscoe Bessa. "Real Estate Consumer Credit: A New Side to Vulnerability." In Consumer Law and Socioeconomic Development, 331–51. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55624-6_23.

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Li, Rita Yi Man. "Law, Economics and Finance Issues in Singapore’s Housing Development Board Flats." In Law, Economics and Finance of the Real Estate Market, 1–25. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-54245-9_1.

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Fukui, Hideo. "Real Estate and the Legal System of Japan." In New Frontiers in Regional Science: Asian Perspectives, 3–7. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-8848-8_1.

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AbstractIn Part I, entitled Real Estate and the Legal System, we analyze owner-unknown land issues, land acquisitions, and real estate auctions.The use and value of real estate such as land and buildings are significantly affected by public laws and regulations related to urban planning and construction, the environment, and taxation; for example, contract laws such as the Act on Land and Building Leases; private laws regulating torts, collateral enforcement, and so on; tax laws that regulate transfer taxes, ownership taxes, and transaction taxes; and regulations surrounding land use and urban infrastructure development. This paper discusses, therefore, the relationships between these laws and real estate, identifies problems in the laws associated with real estate in Japan, and proposes improvements.First, in recent years, owner-unknown land issues have become a serious concern in Japan. The Japanese registry does not always reflect the actual rightful owner, primarily because such registration is only a perfection requirement in civil law and registration involves a great deal of time and money. For example, because a large extent of land is registered to owners from nearly 100 years ago, it has changed hands many times through inheritance, which means that today, it is extremely difficult to determine the actual owner (inheritor) without spending a great deal of time and money. However, if the profits to be obtained from the land do not justify such expense, the land remains unused as “owner-unknown land.”Buying and selling land under Japanese civil law requires an agreement from all landowners including in the case of shared ownerships; therefore, even if the land has high returns, if it is “owner-unknown land,” it cannot be used effectively. With a focus on unknown-owner land, in this section, four writers provide multifaceted perspectives on the causes thereof, the defects in the current system, and the possible solutions.Eminent domain, the system which allows the acquisition of land against the land owner’s will for public projects, is widely institutionalized in many countries. It works to mitigate the owner-unknown land issues as far as lands are acquired by public projects.Further, real estate auctions are often held when liens are placed on land and/or residences for housing loan defaults. The Japanese civil auction system, which was institutionalized at the end of the nineteenth century, stipulates that a tenancy that is behind on a mortgage may resist a purchase unconditionally as long as the mortgage default period is within 3 years (short-term lease protection system/former Civil Code Article 395). This system was intended to avoid the unstable use of mortgaged properties and to promote the effective use of real estate; however, because the majority of users and the beneficiaries of this system were in fact anti-social groups, it was used to demand money unjustly from debtors and buyers, thus preventing the effective use of the mortgaged properties.When the protection of short-term leases was abolished in 2004, these types of interferences are said to have decreased drastically. However, successful bids for auctioned real estate properties continue to be lower than in general transactions. Therefore, here, we provide a quantitative analysis of these situations and propose further auction system improvements.Below, we introduce the outlines of each theory in Part I.
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Malumian, Nicolas. "Honduras." In Trusts in Latin America, 231–39. Oxford University PressNew York, NY, 2009. http://dx.doi.org/10.1093/oso/9780195388213.003.0016.

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Abstract Honduras included the trust in its legislation in 1950 with the entrance into force of the current Commercial Code. Trust regulations were based on the Mexican law that was in force in the same year. Trusts were not used at all for several decades, but they are growing and are being used as collateral (guarantee trusts), as legal vehicles of real estate developments, and as part of project finance schemes in infrastructure projects. Currently, it is estimated that there are more than 300 trusts with assets estimated in more than US$1 billion (out of which, approximately one-half are guarantee trusts), the trust activity growing at a fast pace.
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"Introduction to The Development Process." In Real Estate Law, 67–130. Routledge, 2016. http://dx.doi.org/10.4324/9781315763064-10.

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"How legal issues arise in The Development Process." In Real Estate Law, 131–56. Routledge, 2016. http://dx.doi.org/10.4324/9781315763064-11.

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"Introduction: Asset classes, property classifications, ownership types, and The Development Process." In Real Estate Law, 29–66. Routledge, 2016. http://dx.doi.org/10.4324/9781315763064-9.

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Conference papers on the topic "Real estate development – Law and legislation"

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Ristov, Angel. "NEW CHALLENGES IN REAL ESTATE REGISTRATION." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.517r.

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Real estate has always had great importance in law and legal transactions. They are part of the country, part of the territory of the state. For this reason, the need for registring the rights to immovable properties dates long ago inte the past. And in the modern legislations imovables enjoy a special legal regime of public registration. In our legal system, this is expressed through the existence of a special public book for recording rights to immovable property - cadastre of immovable properties, which ensures legal certainty in legal transactions. Immovable property rights are acquired, transferred, limited and terminated by registration in a public book. Non-observance of these rules leads to legal uncertainties, abstinence from legal transactions of real estate and problems in practice. For these reasons a public book for the registration of real estate rights, is of great importance for the protection of property rights and other real rights and the development of real estate markets. Consistent observance of the principle of faith in a public book, accuracy of data, as well as the existence of procedural guarantees - legal remedies are from exceptional significance for legal security in the civil law relations. Without them, the realization of legal certaintie is brought into question. In this work, the author points the role and significance of the Cadastre services as a key factor of legal certainty. Also throw the solutions of the comparative law, and current problems in practice, he is presenting the solutions in the new proposal of Cadastral Laws for strengthening the legal regulation in the Macedonian Law.
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JAFAR, MOHAMMED. "Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp65-84.

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The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.
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SHATKU, Saimir, Grejdi JANI, and Antonela MERSINI. "Aspects of legal-civil legislation on the impact of housing and the real estate market in Albania and the countries of the Western Balkans." In ISSUES OF HOUSING, PLANNING, AND RESILIENT DEVELOPMENT OF THE TERRITORY Towards Euro-Mediterranean Perspectives. POLIS PRESS, 2023. http://dx.doi.org/10.37199/c41000103.

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The real estate market represents a very important sector of the economy of a legal state, which is realized by a combination of factors and objects that in combination with each other ensure the functioning of the market and affect the implementation of one of the main rights of the individual, which is the right of ownership and related property rights. If we have not created the necessary conditions for the existence of a real estate market, we can no longer talk about the protection of the fundamental rights of the individual, as well as about the free market economy in a legal state of law, which is realized through its close cooperation with the market of goods, capital, services, or even labor. According to statistics, 35% are foreing citizens who buy in our country. And 65% are Albanian citizens. The entire mechanism on which the real estate market is established and functions consists of real estate and legal assets released into civil circulation by economic entities operating in the market, as well as through various transactions undertaken by individuals with the aim of free disposal of these objects through the processes of creation, use and exchange of real estate objects in their market. Among the main aspects related to ownership and real estate, the right to housing for any indi- vidual is considered as the effective implementation of their exercise and protection from any kind of encroachment. Thus, the right to housing is enshrined as a fundamental human right in a large number of international acts, such as the European Convention on Human Rights, which is directly applicable to our own legislation.
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Akhmetyanova, Zamira. "REAL ESTATE AS OBJECTS OF REAL RIGHTS." In MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.8.

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Kornilova, N. V. "ABOUT THE REFORM OF THE REAL LAW." In Problems and mechanisms of implementation of national priorities of socio-economic development of Russia. Khabarovsk State University of Economics and Law, 2020. http://dx.doi.org/10.38161/978-5-7823-0740-0-2020-252-256.

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The article examines the results of reforming the legislation on property rights. The main changes to be implemented upon completion of the civil legislation reform have been systematized; positive aspects were noted that will help streamline civil circulation
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Klets, Petr. "WAYS TO ENHANCE THE RIGHTS TO UNIFIED REAL ESTATE COMPLEX." In MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.29.

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Đurković, Ana, and Biljana Martinenko. "REAL ESTATE CADASTRE INFORMATION SYSTEM AS BENEFIT FOR MODERN SUPERVISION AND CONTROL." In 20th SCIENTIFIC-PROFESSIONAL CONFERENCE WITH INTERNATIONAL PARTICIPATION “URBANISM AND SUSTAINABLE DEVELOPMENT”. Serbian Town Planner Association, 2024. http://dx.doi.org/10.46793/urbanizam24.233dj.

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The Republic Geodetic Authority (RGA) is a special organization and body of the state administration of the Republic of Serbia that performs professional and state administration tasks related, among other things, to the state survey, real estate cadastre and geospatial data management. In the last decade of work, which was accompanied by the rapid growth of the real estate market and the development of infrastructure projects, the RGA faced the challenge of responding within its competences in real time to the needs of citizens and the economy of the Republic of Serbia with human resources and software and hardware capacities at its disposal and procedures in work within the framework of current legislation. Some of the primary goals set by the RGA at that time were the improvement of existing business processes together with the amendment of legislation, the establishment of an integrated real estate cadastre information system (ISREC) and the introduction of new modern software solutions that keep pace with the development of IT technology and enable more efficient and reliable data processing With the support of the World Bank, as well as the dedicated work of employees, the RGA established the integrated ISREC with unified alphanumeric and graphic data, which achieved a high degree of automation of work processes and information flow. The system has been implemented in all major real estate cadastre offices on the territory of the Republic of Serbia (Belgrade, Novi Sad and Nis). With the introduction of the new ISREC, the complete digitization of business processes was achieved, and the quality and availability of data, and the efficiency of work of the real estate cadastre offices, was improved. The possibilities of monitoring, control of work and supervision over the actions of real estate cadastre offices and geodetic organizations have been greatly facilitated in the following period. The integrated real estate cadastre information system is the key to modern monitoring and control.The goal was met and the efficiency, transparency, availability, and reliability of the real estate management system in the Republic of Serbia were improved.
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Lenkovets, Olga Mikhailovna. "ENVIRONMENTAL DEVELOPMENT AND ECO-INNOVATION AS A NEW CONCEPT IN REAL ESTATE MARKET." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b24/s7.031.

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Kanjo, Marina, Miloš Knežević, and Stefan Živić. "DIGITALIZATION AND INNOVATIONS IN REAL ESTATE CADASTRE: PERSPECTIVES OF THE 21ST CENTURY." In 20th SCIENTIFIC-PROFESSIONAL CONFERENCE WITH INTERNATIONAL PARTICIPATION “URBANISM AND SUSTAINABLE DEVELOPMENT”. Serbian Town Planner Association, 2024. http://dx.doi.org/10.46793/urbanizam24.269k.

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The Republic Geodetic Authority, as the institution entrusted with the official records of real estate and property rights holders, as well as the management of geospatial data at the national level, is undergoing significant changes in the 21st century. Due to rapid technological advancement and the need for more efficient property management, it strives to provide services in a quality, transparent, and effective manner, constantly aligning its work with international standards and user needs. Through the Law on the Procedure of Registration in the Real Estate Cadastre and Cadastre of Infrastructure, the legal framework continues to be amended and further regulates the use of the eFrontDesk aiming for complete digitalization and electronic business transactions between the Republic Geodetic Authority and state bodies, citizens, businesses, and all other users of RGA data and services. In the sphere of digitalization of electronic business, the Republic Geodetic Authority has implemented significant changes in its operations by developing a large number of digital services, electronic business models available on the Republic Geodetic Authority website and the new RGA Portal. One of the most significant innovations is the implementation of international ISO 9001, 27001, and 27701 standards, ensuring efficient information management, data protection, and improving the quality system in working with users and other interested parties. Also, by constantly monitoring the work of real estate cadastre services and introducing new forms of reports, a constant increase in the work efficiency of the cadastre has been achieved. This theme will present the challenges and opportunities that arise during the transition to a digitized cadastre, including privacy, accessibility, and employee training issues. Through comprehensive analysis, this theme provides insight into how real estate cadastre becomes a key pillar of modern property management in the 21st century.
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Antić, Jelena, Ivan Bendić, and Ivana Štrbac. "REAL ESTATE MARKET IN THE REPUBLIC OF SERBIA: TRANSPARENCY AND ACCESSIBILITY OF AUTHORITATIVE DATAPAPER TITLE IN ENGLISH." In 20th SCIENTIFIC-PROFESSIONAL CONFERENCE WITH INTERNATIONAL PARTICIPATION “URBANISM AND SUSTAINABLE DEVELOPMENT”. Serbian Town Planner Association, 2024. http://dx.doi.org/10.46793/urbanizam24.261a.

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According to the Law on State Survey and Cadaster from 2011, the Republic Geodetic Authority was entrusted with the responsibility of assessment and management of real estate in the Republic of Serbia. As an institution with data access, in line with digitalization and improvement of land administration, during 2012, it began developing the Real Estate Price Register to collect sales contracts with the aim of developing a mass property valuation model. The Real Estate Price Register is the primary database for analyzing and reporting to the public on trends and movements in the real estate market in the territory of the Republic of Serbia. Reporting is enabled through public access to the Real Estate Price Register database, through reports on the real estate market status, and reports on price indices. Reports have been continuously published since 2014 with modified content. Reports from the Republic Geodetic Authority are used by all relevant institutions of the Republic of Serbia to report on trends and movements in real estate prices, as well as by the Bank for International Settlements (BIS) and the National Bank of Serbia in the Financial Stability Report. The final product of the Republic Geodetic Authority is the housing price index used as a parameter for monitoring real estate prices and economic development.
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