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1
Linh, NGUYỄN THỊ MỸ. "Marital Agreements in Vietnam from 1858 until Now." DÍKÉ 5, no. 1 (September 1, 2021): 150–61. http://dx.doi.org/10.15170/dike.2021.05.01.10.
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The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property. Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law in European countries.
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Choi, Choonsik. "Bilateral Title Trust Real Property Registry Act of Disposition and Deceptive Act." Journal of Humanities and Social sciences 21 11, no. 2 (April 30, 2020): 537–50. http://dx.doi.org/10.22143/hss21.11.2.37.
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RAWSON, ERIC. "American Poetry and Private Real Property." Journal of American Studies 47, no. 1 (December 5, 2012): 69–87. http://dx.doi.org/10.1017/s0021875812001363.
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This article examines the ways in which American poetic practice and thematics map a conception of private real property as it has developed uniquely on the North American continent. I explore how the Land Ordinance of 1790, the Preemption Act, the Homestead Act, and other land-use policies shaped a conception of the developing landscape as divisible into a vast agglomeration of private enterprises mediated primarily by the transfer of title deeds. The impact of private real property beliefs and practices, I argue, has shaped both the practice and the reception of American poetry (and other cultural products) for at least the last 150 years. I incorporate the insights of cultural geography – particularly the work of John B. Jackson, Carl Sauer, and Scott Freundschuh – to understand how the last century's building practices and the reorganization of the landscape, particularly in western metropolitan areas, find imaginative expression in poetry. Although mine is not a law-in-literature approach, I contend that modern/postmodern poetry operates in a way that depends on the very exchange values of the late capitalist property system it often critiques.
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김덕중. "Real Property Title Trust and the Revocation of Fraudulent Act." Ajou Law Review 9, no. 2 (August 2015): 47–73. http://dx.doi.org/10.21589/ajlaw.2015.9.2.47.
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Rothstein, Mark A., and Laura Rothstein. "How Genetics Might Affect Real Property Rights." Journal of Law, Medicine & Ethics 44, no. 1 (2016): 216–21. http://dx.doi.org/10.1177/1073110516644212.
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New developments in genetics could affect a variety of real property rights. Mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, or other parties in residential real estate transactions begin requiring predictive genetic information as part of the application process. One likely use would be by retirement communities to learn an individual's genetic risk for Alzheimer's disease. The federal Fair Housing Act prohibits discrimination based on disability, but it is not clear that it would apply to genetic risk assessments. Only California law explicitly applies to this situation and there have been no reported cases.
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Bereza, Arkadiusz. "Glosa do wyroku Sądu Apelacyjnego we Wrocławiu z dnia 29 października 2019 r. (I ACa 698/19, niepublikowany)." Studia Iuridica Lublinensia 29, no. 1 (March 29, 2020): 245. http://dx.doi.org/10.17951/sil.2020.29.1.245-259.
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<p>The Court of Appeal in Wrocław, in its judgement of 29 October 2019 (I ACa 698/19) amending the judgement of the District Court of Wrocław of 28 February 2019 (I C733/18), declared invalid the acquisition of a real property by a South Korean citizen. In its judgement, the Court of Appeal in Wrocław interpreted Article 8 (2) of the Act of 24 March 1920 on the Acquisition of Real Property by Foreigners. This provision governs the subjective scope of the exemption from the obligation to obtain the authorisation from the minister competent for interior affairs for the acquisition of real property. The Court of Appeal has concluded that a natural person who is a foreign person within the meaning of the Act on the Acquisition of Real Property by Foreigners and who is not a citizen of the European Economic Area Member State or the Swiss Confederation, even though pursues individual economic activity in the territory of the Republic of Poland, shall not be entitled to the exemption provided for in Article 8 (2) of the Act on the Acquisition of Real Property by Foreigners concerning nationals and undertakings of the Member States of the European Economic Area agreement or the Swiss Confederation, as this would be contrary to the function of the Act on the Acquisition of Real Property by Foreigners and the systemic and teleological interpretation of Article 8 (2) of this Act.</p>
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Nwabuzor, Emmanuel O. "Real Property Security Interests in Nigeria: Constraints of the Land Use Act." Journal of African Law 38, no. 1 (1994): 1–18. http://dx.doi.org/10.1017/s0021855300011426.
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The modern idea of secured transactions is based on the notion of economic efficiency, which implies the minimization of transaction costs while ensuring optimal returns. The efficiency theory posits that unclear definitions and unprotected allocation of property rights inhibit the production of wealth, because they raise the transaction costs of land and impede exchange. The more precisely property rights are stated and assigned, the lower the cost of establishing ownership, and the extent of one's interest in any given piece of land.1 Proceeding from the efficiency theory, contemporary commercial practice is not willing to accommodate the ancient, unnecessarily complicated system of conveyancing, which makes the taking of security in real property expensive. Thus, an efficient regime of secured transactions should be simple, fast, cheap and predictable.
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Dalkowska, Anna. "Protection of tenants of Warsaw real properties in the light of amendment of the Actof 17 September 2020 on amending the Act about specific rules for removing legal effects of reprivatisation decisions concerning the Warsaw real properties, issued in violation of law, the Act on Commercialisation and Some Powers of Employees, as well as the Property Management Act (Journal of Laws of 2020, item 1709)." Nieruchomości@ : kwartalnik Ministerstwa Sprawiedliwości IV, no. IV (December 31, 2020): 7–19. http://dx.doi.org/10.5604/01.3001.0014.4816.
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On 17 September 2020, there was adopted the amendment to the Act of 9 March 2017 about specific rules for removing legal effects of reprivatisation decisions concerning the Warsaw real properties issued in violation of law3, and the Property Management Act that entered into force as of 20 October 2020. It has fundamentally changed a complicated legal situation of tenants of the Warsaw real properties4 –in many aspects, mainly at two levels. Firstly, it gives greater indemnification guarantee with regard to damage and injuries resulting from the reprivatisation of Warsaw real properties repugnant to the law through the introduction of statutory universal succession of the Treasury in lieu of the capital city of Warsaw as an addressee of liability for damages. Secondly, it significantly extends the catalogue of prerequisites for a refusal to grant decree applications, e.g. through preclusion of reprivatisation of real property, if it is inhabited by a tenant within the meaning of Article 2 section 1 item 1 of the Act of 21 June 2001 on the protection of tenants’ rights, municipal housing reserves and on the amendment to the Civil Code5. Moreover, the Act introduces a series of significant changes organising previous provisions of the Commission Act in order to increase its effectiveness, maximise the assurance of protection of rights of real property residents, and minimise reprivatisation-related ailments.
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Piecha, Jacek. "Decyzja o zezwoleniu na lokalizację obiektów budowlanych w pasie drogowym jako źródło prawa do dysponowania nieruchomością na cele budowlane." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 30 (2020): 189–202. http://dx.doi.org/10.15584/znurprawo.2020.30.12.
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The article presents the problem of the interpretation of art. 3 point 11 of the polish Construction Law act. Abovementioned provision statues the definition of the notion of “right to use the real property for construction purposes”. Literal wording of art. 3 point 11 may seemingly indicate that this right may be arised only from private (civil) law’s legal relationships. This paper aims to indicate that such interpretation of the art. 3 point 11 of the Construction Law act is incorrect. The author proves that the administrative act like the permit for building structures localisation in the road lane (statued in the Public Roads Act) may be considered as independent source of the investor’s right to use the real property for construction purposes.
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Ziajka, Anna. "THE RESTRICTION ON EXECUTION OF AGRUCILTURAL REAL ESTATE AGAINST AFTER CHANGE CONDITIONS LEGISLATION TRADING AGRICULTURAL REAL ESTATE." Roczniki Administracji i Prawa 2, no. XVIII (December 30, 2018): 235–44. http://dx.doi.org/10.5604/01.3001.0013.1793.
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The article provides an overview and analysis of the case law of courts in the field of execution concerning agricultural real estate. In the first part shows a statutory definition of real property. Thereafter, the main part of the article presents in detail an execution concerning immovable property after entering into force on amendment act. The article points out the conditions which have to be fulfilled in order to exceptionally obtain the ownership of agricultural real estate in accordance with law. Regulation were analysed in view fact, that pursuant to the Polish legislation, the right of pre-emption is granted only to coowners of agricultural real estate.
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Arežina, Sanja. "Analysis of real-estate property issues between the Serbian Orthodox Church and the Montenegrin state in the context of adopting the Act on freedom of religion or belief and the legal status of religious communities." Zbornik radova Pravnog fakulteta Nis 59, no. 88 (2020): 111–33. http://dx.doi.org/10.5937/zrpfn0-27939.
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The entry into force of the Act on Freedom of Religion or Belief and the Legal Status of Religious Communities (hereinafter: the Freedom of Religion Act) in January 2020 provoked reactions and protests from the Orthodox population of Serbian descent in Montenegro because some provisions of this Act allow for the confiscation of centuries-old real-estate property of the Serbian Orthodox Church dioceses in Montenegro. It should be noted that the Serbian Orthodox Church (SOC) is the only religious community in Montenegro with which the Montenegrin authorities have not concluded a Fundamental Agreement on the Regulation of Mutual Relations. In order to reach a compromise solution, negotiations have begun between the dioceses of the SOC in Montenegro and the Montenegrin authorities. In this article, the author discusses the history of relations between the SOC and the Montenegrin state in the period from the beginnings of Montenegrin statehood in the 15th century to the enactment of the the Freedom of Religion Act in early 2020. In particular, the paper focuses on the regulation of real-estate property issue in that period, the factors that influenced the adoption of this Act, the adoption process, the analysis of provisions related to real-estate property issues, and the recommendations of the Venice Commission. The author uses the structural-functional analysis, induction and deduction methods to prove the basic hypothesis that the Montenegrin authorities will not be able to ignore the legitimate rights of the SOC's dioceses in Montenegro regarding the regulation of real-estate property issues, and that the two sides will find an interest to reach a compromise during the negotiations on the disputed Act and conclude the Fundamental Agreement in order to permanently resolve the status of the Serbian Orthodox Church in Montenegro.
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Kokot, Sebastian. "The Analysis of Differences in Residential Property Price Indices." Real Estate Management and Valuation 22, no. 3 (October 1, 2014): 14–27. http://dx.doi.org/10.2478/remav-2014-0023.
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Abstract Residential property price indices can serve as a useful tool in the practice of real property market analysts, investment advisers, property developers, certified property appraisers, estate agents and managers. They can also be applied in property price valorization in specific legal positions. The Polish Act on Real Estate Management puts an obligation on the President of the Central Statistical Office to announce real property price indices, but the CSO fails to fulfill this obligation. The author’s rationale for this article is to contribute to works on rules of how to build property price indices. Presented within are the results of research on determining the price indices of such types of residential property as: a part of a building constituting a separate property and strata titles in housing cooperatives. The flats were divided into categories by floor area and by their location in 16 voivodeship capitals. The major purpose of the study is to prove that the prices of flats of different floor area change at different rates. Consequently, it seems worth considering whether a more detailed segmentation of the real estate market would be worthwhile for the sake of more accurate real property price indicators.
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Michałowski, Rafał. "Regulation of Protection of Agricultural Land and Limitation of Ownership Rights to Real Estate." Studia Iuridica Lublinensia 29, no. 2 (June 21, 2020): 127. http://dx.doi.org/10.17951/sil.2020.29.2.127-139.
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<p>Regulations of the Act on Protection of Agricultural and Forest Land are treated as a limitation of the right of ownership of the real estate. Unlike civil law regulations, in this Act the legislator defines agricultural land as the subject of obligations specified in the Act, treating them in separation from the issue of ownership relationships. Unlike in civil law regulations, apart from the owner, a number of obligations associated with the protection of agricultural land is also imposed on other entities, which make economic use of the real estate property. According to the Act, the owner of real estate property has a number of obligations, such as prohibition to use land for non-agricultural purposes without having obtained a decision to designate the land for non-agricultural purposes and consent for exclusion of land from production. The owner also has other positive duties, such as the duty to prevent land degradation and devastation. These obligations, however, do not shape the subjective right of ownership, but are external to it, although they should be treated as a limitation to this right.</p>
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Michałowski, Rafał. "Szczególne obowiązki umowne nabywcy nieruchomości z Zasobu Własności Rolnej Skarbu Państwa." Studia Iuridica 78 (May 29, 2019): 315–32. http://dx.doi.org/10.5604/01.3001.0013.2286.
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The Act on Management of Agricultural Property Stock of the State Treasury contains a regulation on contractual obligations imposed on the purchaser of an agricultural property acquired from the Agricultural Property Stock of the State Treasury. These obligations are not imposed on the purchaser by operation of law, however, there is a requirement that they have to be included, in certain cases of acquisition detailed in the provisions of the Act, in the content of the real estate sales agreement. The sales agreement has to stipulate that the purchaser is prohibited from selling the real estate for a period of 15 years from its acquisition; the purchaser is obliged to conduct agricultural activity on the purchased property; and that during this period, the purchaser may not encumber the property with any mortgage. Any violation of the aforementioned stipulations shall result in the purchaser’s obligation to pay an amount equal to 40% of the property’s sale price. In addition, the legislator has introduced the obligation to pay this amount in the event that the purchaser makes any false statement or representation as to the origin of the funds allocated to the purchase of the real estate. The provisions relating to the issues raised in the article cause a number of interpretative doubts as to their correct understanding. In particular, this applies to the legal nature of the obligation to pay an amount equal to 40% of the price of the purchased real estate property.
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Zaradkiewicz, Kamil. "Constitutional nature and content of the right to restitution of an expropriated property." Nieruchomości@ : kwartalnik Ministerstwa Sprawiedliwości IV, no. IV (December 31, 2020): 20–34. http://dx.doi.org/10.5604/01.3001.0014.4817.
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The Act of 4 April 2019 on amending the Act on Real Property Management added a provision temporarily limiting the possibility of demanding restitution of the expropriated property. On the basis of the new provision, the right of the previous owner or its legal successors to restitute the expropriated property has ceased to be of perpetual nature. This right may not be exercised, as it previously was the case, at any time, as it expires 20 years from the date on which the decision to expropriate became final. This solution should be assessed negatively, as it deepens the non-constitutional nature of the statutory mechanism of restitution of expropriated real property, which makes the demand for restitution dependent on whether the public objective has been assumed (i.e. started to be implemented). If this is the case, then, in the light of the Real Property Management Act of 1997, the restitution of real property can never be claimed, and therefore even if such an objective in the future ceases to be implemented (e.g. as a result of the end of the operation of the real property as part of a public investment). However, in the light of the constitutional arrangements relating to the guarantee of ownership, the right to restitution of the expropriated property should always be vested in the expropriated owner or his/her legal successors whenever the public objective justifying the expropriation has not arisen as well as when it ceased to be implemented. In any event, the condition for claiming restitution shall be a claim made by the person concerned and a return of an appropriate, indexed sum paid as compensation for expropriation. The constitutional principle of the protection of individual status of property of the owner results in the “conditionality” of the transfer of ownership by way of expropriation to the State or another entity. Any existence and implementation of an appropriate objective justifying the expropriation for a public purpose, grants of the ownership and its permanence on the part of these entities. As a consequence, also the possible expiry date of the claim for the restitution of the property, expropriated after the expiry of the public purpose, should run from the time of such expiry and not from the moment when the decision about expropriation became final.
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Strelnikov, P. A. "Protection of the property rights of legal entities to real estate: mandatory methods." Russian justice 3 (March 25, 2021): 8–11. http://dx.doi.org/10.18572/0131-6761-2021-3-8-11.
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This article reveals the features of obligatory ways of protection of the rights of privacy to immovable property of legal entities from the perspective of the established judicial practice. The importance of this problem is conditioned by the basic nature of the property right as the basis of property turnover in the state and legal guarantees of protection of rights, freedoms and legal interests of legal entities to immovable property, among which the judicial procedure of protection of rights of legal entities is one of the ways of not prohibited and practiced. The purpose of this article is to identify the features of invalidation of the transaction and the application of the consequences of invalidity, as well as the recognition of invalidation of the act of state registration of rights to immovable property of legal entities, including challenging the registered right to immovable property of legal entities. To achieve this goal, the author formulates the following tasks: identification of specifics of obligatory ways to protect the rights to immovable property of legal entities.
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Zaradkiewicz, Kamil. "Fiduciary transfer of real property in consumer transactions." Nieruchomości@ I, no. I (March 31, 2021): 9–28. http://dx.doi.org/10.5604/01.3001.0014.7525.
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Article 3871 on property transfer as a form of collateral security was added to the Civil Code by virtue of the Act of 14 May 2020 Amending Certain Acts in Respect of Shield Measures in Connection with the Outbreak of the SARS-CoV-2 Virus (promulgated in the official journal “Dziennik Ustaw”, item 879). Under this provision, contracts on transfer of property as a collateral security, where the property in question is a real property used for the purpose of satisfying housing needs, which is transferred to secure claims under this or any other contract not directly related to business operations or pursuit of the profession by a natural person, are invalid. The sanction of invalidity provided for in Article 3871 of the Civil Code applies only to those contracts, where the value of the real property is higher than the value of financial claims secured by transfer of property plus the value of maximum interest for delay on this value for a period of 24 months, or if the value of financial claims secured by the real property has not been not determined. Only such a contract on transfer of property as a collateral security that was not preceded by an appraisal of the market value of the real property by an expert appraiser, is invalid. This solution is rightly criticised as unclear and excessively prescriptive. Furthermore, it may in practice give rise to numerous problems of interpretation. It fails to solve numerous problems associated with fiduciary transfer, including its general admissibility or its connection with the institution of a registered pledge. It is reasonable to consider, as de lege ferenda postulate, the introduction of a general prohibition of this type of fiduciary transfer or its normative regulation in the form of an independent legal institution. In the latter case, legal solutions aimed at protecting both the debtor and other persons, i.e. creditors, should be adopted, in particular with a view to eliminate the socalled “excessive collateralisation” that happens in practice.
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Dalkowska, Anna, and Karol Rzęsiewicz. "Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part II)." Nieruchomości@ III, no. III (September 30, 2021): 149–74. http://dx.doi.org/10.5604/01.3001.0015.2485.
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Adoption of the Act on Special Rules of Eliminating the Legal Effects of Reprivatisation Decisions Relating to Real Properties in Warsaw, Issued in Violation of Law had a substantial impact on the directions of development of administrative courts’ jurisprudence in recent years. New legal provisions and solutions have provided an impetus for administrative courts to set directions for applying the law in the area of reprivatisation of Warsaw real properties. Some of its fundamental issues are those that involve determining the meaning of the premise of possession, laid down in Article 7(1) of the Warsaw Decree, as the positive condition for filing the restitution application and applying for compensation for land expropriated pursuant to Article 215(1) of the Act on Real Property Management.
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Smith, Sean D. "The Scope of Real Property Forfeiture for Drug-Related Crimes under the Comprehensive Forfeiture Act." University of Pennsylvania Law Review 137, no. 1 (November 1988): 303. http://dx.doi.org/10.2307/3312171.
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Flemsæter, Frode, and Gunhild Setten. "Holding Property in Trust: Kinship, Law, and Property Enactment on Norwegian Smallholdings." Environment and Planning A: Economy and Space 41, no. 9 (January 1, 2009): 2267–84. http://dx.doi.org/10.1068/a41135.
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In this paper we discuss relations between kinship, law, and property enactment. A recent revision of The Norwegian Act Relating to Concession in the Acquisition of Real Property is designed to influence the relation between subjects (property owners) and objects (properties) through ceasing the obligation of residency and cultivation on certain properties, which in turn is intended to increase sales prices of the respective properties. Drawing upon empirical research conducted in four Norwegian local authority districts, we argue that responsibility for past, present, and future generations of family or kin is highly important in property enactment. Although relations between subjects and objects are powerful and inform policy actions, relations between social subjects might be just as influential and powerful. When enacting properties, people may live in more complicated worlds than is often assumed. We assert that further research in legal geography and the emerging field of ‘geographies of relatedness’ might profit from seeing kinship and property as coconstituted.
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Korzeniewska - Lasota, Anna. "Commentary to the judgment of the Voivodship Administrative Court (WSA) in Warsaw of 10 March 2020, I SA/Wa 1930/19, LEX no. 3043478. The concept of “Property left beyond the borders of the Republic of Poland”." Nieruchomości@ III, no. III (September 30, 2021): 175–88. http://dx.doi.org/10.5604/01.3001.0015.2487.
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In the Act of 8 July 2005 on the Exercise of the Right to Compensation for Real Property Left Beyond the Present Borders of the Republic of Poland, there is no clear definition of the date that should be taken into account for the purpose of determining whether one meets the premise of being the holder of the ownership title to the left real property. Moreover, judicial practice also lacks a uniform answer to the question whether such owner of the real property left beyond the borders should provide the proof of title to that property as at the date of the outbreak of the Second World War, i.e. on 1 September 1939, or as at the exact date of departing from that territory. In the commented judgement, the court found that persons who were not the holders of the ownership title to the property as at 1 September 1939, but who later became property owners and, at the same time, met the other statutory conditions, are entitled to the Bug River compensation.
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Dobkowska, Bogusława. "Zoning fee in connection with an increase in the value of real property. Selected problems." Nieruchomości@ III, no. III (September 30, 2021): 79–96. http://dx.doi.org/10.5604/01.3001.0015.2479.
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An increase in the value of real property triggers, in some circumstances, the obligation on the part of the ownership title holder or perpetual usufructuary to pay a public levy to the commune. The issues of such mutual settlements between the owner of the real property and the commune arising from a change in the value of the real property have been regulated in the Act of 27 March 2003 on Spatial Planning and Development. Those fees include, among others, the so-called zoning fee which is discussed in this article. The analysis is based on views expressed by legal scholars in their writings, applicable legal acts and jurisprudence of administrative courts in this regard. The zoning fee and the legal issues related to its determination which raise the greatest doubts will be examined.
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Duarte Pinto, Gabriela. "DIREITO REAL DE HABITAÇÃO: CONFLITO ENTRE O DIREITO REAL DE HABITAÇÃO E O DIREITO À HERANÇA, E A POSSÍVEL MITIGAÇÃO NO CASO CONCRETO POR MEIO DO JUÍZO DE PONDERAÇÃO." Revista Científica Semana Acadêmica 9, no. 205 (September 16, 2021): 1–22. http://dx.doi.org/10.35265/2236-6717-205-9116.
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The real property law is a legal institution of civil law, introduced in the Civil Code of 1916 by Status of Women Married - Law nº 4.121 / 1962, which required numerous requirements for its grant and maintenance, namely, (a) were married under the regime of community property; (b) during his lifetime; (c) and remained widow; (d) subject to the inheritance share, the property should be for the family residence and, finally, (e) were the only asset of this nature to inventory. With the advent of the Civil Code of 2002, however, it was extended to all property regime, removed the final term and with the Domestic Partnership Act, It was no longer needed that it was the only good of that nature to inventory. It was questioned the extent of its application in this case and the need for consideration to not fade the right to inheritance. Analyzed the rights involved, Right to inheritance, Property Rights, Right to living and the Real Property Law. It was concluded that the interpreter of the Law must, before the case, carry out the judgment of balancing the conflicting fundamental Rights so that there is maximum preservation of conflicting values, and hence the greatest achievement of constitutional values.
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Kozińska, Joanna. "Perpetual usufruct as an instrument for strengthening socialist state property and contemporary legal effects in property law." Studia nad Autorytaryzmem i Totalitaryzmem 42, no. 3 (March 25, 2021): 225–46. http://dx.doi.org/10.19195/2300-7249.42.3.11.
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The first part of this study presents historical reasons for introducing perpetual usufruct by the Management of Urban Areas Act 1961 and the Civil Code 1964. It begins with the general analysis that focuses on the changes of laws from the initial introducing development right and perpetual lease to ownership divided into periods and then usufruct of the state residential property. The author explains the mechanism of influence of the factors arising from communist ideology (Marxism-Leninism) on the proposed legal solutions particularly attributing a prominent role to socialist state property in the People’s Republic of Poland. Next, the official version of the perpetual usufruct’s role is also presented. The perpetual usufruct was introduced as a new real right which was to be attractive for citizens and enabled the state to administer areas in towns and settlements in accordance with a legal town development plan. The aim of the study is the explanation of the real function of the perpetual usufruct of residential lands in towns. The construction of perpetual usufruct was a result of referring to models of Soviet law. It was an instrument which was to protect socialist state property as well as to counteract a depletion of the accumulated state lands through a transfer of those lands for private persons. The perpetual usufruct also was to enable the socialist state to control how urban land was used. The perpetual usufruct was a result of the ideological and political principles of the socialist system in the People’s Republic of Poland, particularly strengthening socialist state property of lands. The perpetual usufruct was really a semblance of ownership of land. This was indirectly explained in the resolutions of the Supreme Court of 1968 and 1969. Therefore, in our times there are difficult legal problems also connected with the issue of granting property rights to perpetual usufructuary. The legal proposals of replacing perpetual usufruct with different rights still haven’t been introduced. The last part of this study expresses in a concise way the contemporary legal acts which were aimed at reducing the accumulation of lands which were let on a perpetual usufruct. Nevertheless, these acts weren’t always effective. The Act of 2018 on Transformation Perpetual Usufruct of Built-up Residential Lands into Ownership of those Lands is the last legal act concerning the discussed issues. In principle this act introduced the enfranchisement in accordance with the law for every perpetual usufructuary of built-up residential land. However, it didn’t eliminate the perpetual usufruct in Polish property law. The analysis in this paper proposes the thesis that the perpetual usufruct of residential lands (on a large scale) was never justified in an economy, but was only determined by ideological and political reasons in the People’s Republic of Poland.
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Kwartnik-Pruc, Anita. "Merger and Division - A Case Study." Real Estate Management and Valuation 21, no. 2 (June 1, 2013): 37–44. http://dx.doi.org/10.2478/remav-2013-0015.
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Abstract Administrative proceedings regarding the approval of a draft property division are governed by the provisions of the Real Estate Management Act. On 22 September 2004, under the provisions of the Act of 28 November 2003 amending the Real Estate Management Act as well as some other acts (Journal of Laws No. 141, item. 1492), the text of the Real Estate Management Act was supplemented with article 98 b, which states that “the owners or perpetual users of the properties shaped in a way that hinders their rational development may submit a joint application on their merger and re-division into parcels of land, if they are entitled to uniform rights to those properties”. This provision introduces detailed regulations regarding the necessary conditions for a merger and division: a commitment to carry out an exchange procedure in the form of a notarial deed, uniformity of the rights to the property, a conditional decision to approve the merger and division, and the need to convey the rights to the property within the date specified in the decision. Municipalities encourage this type of activity, that is conducting local mergers and divisions, because it does not engage them directly. The municipality does not finance these proceedings and there is no obligation to build the necessary technical infrastructure, as is the case in the event of a merger and division of a property. Problems with the implementation of merger and division procedures contained in the example analyzed in this article prompted the author to a deeper analysis of the regulations of article 98b of the Act on Real Estate Management, which revealed them to be insufficient. The legislature assumed that a property is created as a result of a merger, which will then be divided into plots of land. However, a merger implemented in such a way, at an intermediate stage, results in the emergence of a plot of land labeled as one record parcel, the individual parts of which belong to different entities and are disclosed in different land and mortgage registers. The plot is recorded both in the mortgage register and in the land registry. Based on the analysis of a specific case, practical problems were presented, regarding determining the content of the regulation and the decision issued during administrative proceedings, associated with the formulation of a notarial deed of the obligation to carry out the exchange procedure and the exchange itself as well as the disclosure of the merger and division in land and mortgage registers. Sources of the problems were identified and supplementation of insufficient legal regulations was proposed.
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Roche, Juanita. "HISTORIOGRAPHY AND THE LAW OF PROPERTY ACT 1925: THE RETURN OF FRANKENSTEIN." Cambridge Law Journal 77, no. 3 (September 24, 2018): 600–629. http://dx.doi.org/10.1017/s0008197318000697.
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AbstractThis article considers how problems in legal historiography can lead to real legal problems, through a case-study of two recent judgments which appear to revolutionise the law on overreaching under section 2(1)(ii) of the Law of Property Act 1925. Their reasoning ignored plain wording in the Act, in a way foreshadowed by problems in the historiography of the 1925 property legislation; and the legislative history shows that the version of overreaching they promote, one with a clear political meaning, was rejected by Parliament. One of these decisions has now been reversed on appeal, but on reasoning so untenable as to invite further challenge; and now two Court of Appeal judgments on overreaching contradict, without even mentioning, two prior Court of Appeal decisions and a decision of the House of Lords. The court should reaffirm the law on overreaching, and academics should develop a new historiography.
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Ntsoane, Lefa Sebolaisi. "The Registration of Special Notarial Bonds under the Security by Means of Movable Property Act and the Publicity Principle: Lessons from Developments in Belgium." Potchefstroom Electronic Law Journal 21 (January 19, 2018): 1–24. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2389.
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Many people do not own immovable property to offer as security but do have movable property which can be offered as security for the repayment of a debt. In today’s world where the costs of a motor car can exceed that of a house, the increasing value of movable things makes it a popular and appropriate security object. Under the common law pledge, delivery of the movable property from the pledgor (debtor) to the pledgee (creditor) has to take place in order for the pledgee to acquire a real security right in the property. Delivery of the property is aimed at ensuring compliance with the publicity principle. The principle of publicity entails that the existence of a real security must be known to the public. With the aim to promote commerce, certain countries have taken the initiative in reforming their laws on pledge to allow the debtor to retain possession of the movable property that serves as security. Furthermore, technology has advanced to a level where national registration systems which can be accessed easily and at minimal costs can be established. The South African legislature enacted the Security by Means of Movable Property Act 57 of 1993 which makes provision for a pledge without possession. This Act deemed a duly registered notarial bond over specified movable property to have been delivered as if delivery has in fact taken place thereby substituted the common law delivery requirement with registration in the Deeds Office. On 30 May 2013, the Belgian House of Representatives adopted a Belgian Pledge Act which allows for a non-possessory pledge on movable property subject to registration in a newly created public register called the Electronic Pledge Register. This article therefore examines the efficacy of the registration system of special notarial bonds in South African law and whether this form of registration complies with the publicity principle looking at the developments of a computerised registration system taking place in Belgium.
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Vukelić, Mario. "Zakup i najam nekretnina i stečajni dužnik kao ugovaratelj." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 631–46. http://dx.doi.org/10.30925/zpfsr.38.1.23.
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This paper analyses the legal consequences of initiating insolvency proceedings with respect to entering into, cancellation, termination or withdrawal from a Real Property Lease or Rent Agreement. The position of the insolvency debtor as tenant or lessee, and as landlord or lessor, as well as the right of the insolvency administrator to choose to continue with, to withdraw from, to cancel or terminate such agreements are discussed herein. The provisions of the Insolvency Act and other acts are taken into consideration, since such acts regulate real property lease and rent issues, and which refer to the contractor - insolvency debtor.
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Glicklich, Peter A., and Heath Martin. "Selected US Tax Developments: Guidance on Qualified Shareholders of REITs Still Lacking." Canadian Tax Journal/Revue fiscale canadienne 67, no. 4 (December 27, 2019): 1309–17. http://dx.doi.org/10.32721/ctj.2019.67.4.ustd.
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The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) imposes tax and withholding requirements with respect to gain realized by a foreign person on the disposition of an interest in real property located in the United States. The Protecting Americans from Tax Hikes Act of 2015 created two new exemptions from FIRPTA, one for foreign pension funds and another for "qualified shareholders," which are essentially foreign publicly traded real estate investment trusts (REITs). In order to qualify for the exemption for qualified shareholders, a foreign REIT would likely need to be designated by the Internal Revenue Service as a "qualified collective investment vehicle," but no guidance has been provided on how a foreign REIT may obtain such designation. In the absence of such guidance, the exemption for qualified shareholders is effectively unavailable, and as time passes, taxpayers are losing their ability to take advantage of the exemption in current- or prior-year tax returns. The authors suggest that a foreign publicly traded REIT be allowed to "self-designate" as a qualified collective investment vehicle if it meets certain requirements.
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Rafiqi, Yusep. "The Problem of Perpetuity in Cash Waqf." International Journal of Nusantara Islam 6, no. 1 (January 27, 2019): 10–19. http://dx.doi.org/10.15575/ijni.v6i1.1321.
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In Indonesia, cash waqf began to emerge in recent years in line with the passage of the act of the Republic of Indonesia no. 41 Year 2004 About Waqf. But, in the act, money that can be donated as waqf property is almost certainly based on its nominal value rather than the real value. This article discusses how nominal or real value is contained in the currency when it is used as a waqf. The research approaches in this paper is qualitative description method through content analysis. This research analyzing the contents of various complexities between the opinion of fuqaha about cash waqf and its relevance to the act and economic empowerment of the ummah. By considering real value contained in the currency, cash waqf can only be executed with gold and silver criteria, not paper money criteria due to fluctuations in value. Thus, it is necessary to establish standardization of real value to gold and silver in the cash waqf.
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Sobol, Dorota. "The property market in Poland as an area of investment activity of foreigners." Oeconomia Copernicana 2, no. 3 (September 30, 2011): 87–102. http://dx.doi.org/10.12775/oec.2011.014.
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The aim of this paper is to identify and evaluate the activities of foreign entities in the Polish real estate market. The first part discusses the procedure and the legal requirements placed on foreigners, In turn, the second part presented the scale and structure of civil law real estate transactions involving foreigners. The author used the data from the annual reports on the realization of the act of 24 March 1920 on real estate acquisition by foreigners prepared by the Ministry of Interior and Administration. The subject of the analysis were the such indices as: the number of permits and total area of the acquired property (including: property type, investor's country of origin and their legal status) in the years 2004-2009. There is also shown the share of foreigners in the sale of real estate transactions in Poland in the years 2006-2008.
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Jóźwiak, Edyta. "Tax subsidies for entrepreneurs in case of property tax." Acta Scientiarum Polonorum Administratio Locorum 19, no. 3 (September 8, 2020): 161–71. http://dx.doi.org/10.31648/aspal.5698.
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In Polish tax law, real estate is subject to taxation. Property tax rates depend not only on the type of property but also on the taxable person. Thus, as far as persons conducting business activity are concerned, real estate in their possession is taxed at a higher rate than that of natural persons. The amount of the tax payable annually may exceed the income of the trader concerned, since it does not depend on the taxable person's financial situation (as is the case with other taxes, e.g. personal income tax). Due to this fact, a catalog of tax reliefs and exemptions, i.e. the so-called tax subsidies, as well as the possibility of spreading the tax in instalments and deferring its payment date is an important role in real estate tax. The state, including municipalities, may create this form of aid, as long as it does not conflict with the provisions of the Act on State Aid and similar provisions in force in the European Union, which are designed to observe free competition in the market. The purpose of this Article is to indicate what are the current forms of assistance to entrepreneurs on the example of property tax.
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Florczak-Wątor, Monika. "Protection of the Weaker Party to a Property Development Contract under Polish Law. Implementation of the Model of the State’s Protective Duties in Practice." Teisė 110 (February 20, 2019): 147–57. http://dx.doi.org/10.15388/teise.2019.110.9.
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[full article and abstract in English] This study examines the mechanism of the protection of customers of property developers that was introduced into Polish legal system by the Property Development Act adopted on 16 September 2011. Those customers are the weaker party to a property development contract that should be protected by the State. The article presents the very concept of the Polish property development contract, its substance and legal forms as well as its practical aspects. This issue of the protection of customers of property developers is of a great importance not only in Poland but also in other European countries that have experienced a boom in the real estate market in the last decade. The article discusses also the issue of the compatibility of the Property Development Act with the model of the State’s protective obligations in horizontal relations that has been established under the Constitution of the Republic of Poland of 2 April 1997. The paper concludes by presenting some postulates of amendments to the Property Development Act submitted by consumer organizations, industry representatives and entrepreneurs as well as a very comprehensive draft of the amendment presented in May 2018 by the President of the Office of Competition and Consumer Protection. This draft is currently at the stage of inter-ministerial consultations and it is difficult to foresee whether the new solutions will be adopted by Parliament in such a form.
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Wrześniak, Iwona. "The expropriation of ownership for building a public road - procedure – compensation." Transportation Overview - Przeglad Komunikacyjny 2019, no. 8 (August 1, 2019): 33–42. http://dx.doi.org/10.35117/a_eng_19_08_04.
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The procedure for expropriation of the property is based on the removal of the ownership right of the current owner to benefit the overall public which is usually the construction of public utilities, e.g. roads. The justification for expropriation is based on the permission to carry out a road investment, which has legal-property (material) effects – the power of the law itself transfers ownership to a public entity: the State or a local government unit, therefore, it is the most extensive interference in ownership relations. The Act of 10 April 2003 dealing with special rules for the preparation and implementation of investments of public roads introduces a simplified, one-step expropriation procedure aimed at accelerating and streamlining the implementation of road investments in Poland. Expropriation is possible only when just compensation is paid. In order to determine the amount of compensation, it is necessary to assess the market value of a given (concreto) property. The compensation entitlement for the withdrawal of the property right does not become time-barred, thus, the party to expropriation proceedings may demand it at any time. The compensation function is implemented by granting the holder usually a cash payment for the expropriation of real estate on which the road will be built. Keywords: Expropriation of real estate; Compensation; Special purpose Road Act
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Hui, Eddie C. M., and Sheung-Chi Phillip Yam. "CAN WE BEAT THE “BUY-AND-HOLD” STRATEGY? ANALYSIS ON EUROPEAN AND AMERICAN SECURITIZED REAL ESTATE INDICES." International Journal of Strategic Property Management 18, no. 1 (March 21, 2014): 28–37. http://dx.doi.org/10.3846/1648715x.2013.862190.
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The aim of this paper is to use the Shiryaev-Zhou index to examine the performances of securitized real estate indices of four countries: US, UK, Canada and Germany. The result reveals that the Shiryaev-Zhou index is a leading indicator and can act as a predictor on certain securitized real estate indices. Furthermore, our results show that the trading strategy we constructed according to the Shiryaev-Zhou index generally outperforms the “buy-and-hold” strategy under the assumption of no transaction costs. The stronger the predictive power of the Shiryaev-Zhou index is, the larger extent our trading strategy beats the “buy-and-hold” strategy. This is useful in strategic property management that property practitioners can follow our strategy to trade real estate stocks/funds in order to increase their profits.
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Zendeli, Emine. "Methods of Protection of the Property Right in the Legal System of Republic of North Macedonia." SEEU Review 14, no. 2 (December 1, 2019): 135–49. http://dx.doi.org/10.2478/seeur-2019-0024.
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AbstractThe article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries.Given the fact that in the Republic of North Macedonia the normative regulation of property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law.The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration.
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Krupa, Barbara. "Analysis of Legal Concepts Used in the Act on Planning and Spatial Development." Zeszyty Naukowe Uniwersytetu Przyrodniczo-Humanistycznego w Siedlcach. Seria: Administracja i Zarządzanie 47, no. 47 (August 1, 2019): 63–70. http://dx.doi.org/10.34739/zn.2019.47.08.
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In spatial planning and real estate management, there is a lack of conceptual order and which, without the legislator's involvement, cannot be arranged either through interpretation or jurisprudence. Therefore, work on the codification of the construction process should start with issues related to the unification of the nomenclature used in the land register (real estate cadastre) with the nomenclature from other legal acts. Today, we are dealing with an incomprehensible situation, when the law is the source of inability to conduct rational spatial management, because they are based on the principle of construction freedom, which only serves the private interests of investors and landowners, at the expense of the common interest and the cost of protecting property neighbouring public investments.
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Wadley, David, Jung Hoon Han, and Peter Elliott. "Regarding high voltage overhead transmission lines (HVOTLs)." Property Management 37, no. 2 (April 15, 2019): 178–96. http://dx.doi.org/10.1108/pm-04-2018-0024.
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Purpose Professionals’ market knowledge and business experience can facilitate transactions of residential property potentially impacted by stigmatised installations, such as large-scale public infrastructure. The purpose of this paper is to explore perceptions and assessments among homeowners, valuers (appraisers) and real estate agents (realtors) regarding infrastructure in general and high voltage overhead transmission lines (HVOTLs) in particular. Design/methodology/approach Informed by a literature review, separate surveys in Queensland, Australia, analyse via non-parametric and parametric means informational and perceptual variables concerning HVOTLs among 600 homeowners, 90 valuers and 90 real estate agents. Findings The findings reveal statistically significant differences in risk and valuation perceptions of homeowners, valuers and real estate agents relating to the placement of major linear forms of infrastructure. Research limitations/implications This study adds to a now-solid body of literature pertaining to property effects of HVOTLs. It extends the analysis among classes of real estate professionals and provides new comparisons for further analysis and commentary. Practical implications The results speak to property professionals, land use planning and electricity authorities. Prior research can be triangulated with that obtained here from valuers and real estate agents who act as informants, gatekeepers and confidants in the market place. Various hypotheses address specific points of professional practice. Social implications This study shows that property professionals’ disposition to HVOTLs and other large-scale infrastructure is likely to be a good deal more measured than that of homeowners, so that valuers and real estate agents might exercise a mediating influence in placement and installations decisions. Originality/value This research raises understanding of differences in market knowledge and perception of essential infrastructure among clients and property agents. As a point of difference, it concentrates on examining empirically what texts refer to as “information asymmetry” in residential real estate markets.
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Taieb, Hamid. "The ‘Intellected Thing’ (res intellecta) in Hervaeus Natalis." Vivarium 53, no. 1 (February 6, 2015): 26–44. http://dx.doi.org/10.1163/15685349-12341282.
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This paper analyses the ontological status of the ‘intellected thing’ (res intellecta) in Hervaeus Natalis. For Hervaeus an intellected thing is not a thing in the outer world, but something radically different, namely an internal, mind-dependent entity, something having a peculiar mode of being, ‘esse obiective’. While Hervaeus often says that the act of intellection is directed upon real things, this does not mean that the act is directed upon things existing actually outside the mind. Hervaeus argues that the act of intellection is directed upon things existing ‘aptitudinally’ outside the mind, not actually outside the mind. A thing existing aptitudinally outside the mind is a mind-dependent entity, something having esse obiective. In order to establish this point, I will explain how the property ‘being intellected’ (esse intellectum) should be interpreted in Hervaeus’ philosophy. This property is a peculiar type of relation, namely a relation of reason that gives a peculiar ontological status to its bearer. To neglect the distinction between actually outside and aptitudinally outside could falsely lead one to ascribe to Hervaeus a theory of intellection where the mental act is directed upon mind-independent entities.
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Jędrejek, Grzegorz. "LEGITYMACJA PROCESOWA UMOWNEGO ZARZĄDCY NIERUCHOMOŚCI." Zeszyty Prawnicze 10, no. 1 (December 23, 2016): 203. http://dx.doi.org/10.21697/zp.2010.10.1.11.
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Judicial Ticket of a Contractual Real Estate ManagerSummary The aim of this article is to explain all doubts referring to a judicial ticket of a contractual real estate manager, which has been legislated in a co-owners’ contract. The issue mentioned above arouses controversy in doctrine but also in judicature. One has adopted a stance in the article, that the real estate manager has got the title to bring the action before the court, which is based on the article 201 of the civil code. A contract connected with entrusting management does not deprive the owners of the rights, including claims consisting of property law. Co-owners allow third parties to carry out entitlements connected with management of a common property. The article consists of three parts. The first one contains concise deliberations about the notion of legitimization. The problem of a judicial ticket of a manager, who was legislated in a contract by co-owners of a common property (article 199-202 of the civil code) was discussed in the second part. The third part of the article is connected with a judicial ticket of a real estate manager, which was mentioned in an act of proprietorship of premises.
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Hamed-Troyansky, Vladimir. "CIRCASSIAN REFUGEES AND THE MAKING OF AMMAN, 1878–1914." International Journal of Middle East Studies 49, no. 4 (October 16, 2017): 605–23. http://dx.doi.org/10.1017/s0020743817000617.
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AbstractIn the final decades of Ottoman rule, several waves of refugees from the Russian Empire's North Caucasus region immigrated to Transjordan, where they founded Amman and other agricultural villages. This article examines the economy of Amman in its formative years as a Circassian refugee settlement. By exploring connections between North Caucasian refugees, Syrian and Palestinian merchants, and Transjordanian urban and nomadic communities, this study posits refugees as drivers of economic expansion in the late Ottoman period. I argue that the settlement of North Caucasian refugees and their active participation in the real estate market in and around Amman contributed to the entrenchment of the post-1858 property regime in Ottoman Transjordan. Through a study of an upper-class Circassian household and its legal battles, this article also illustrates the rise of refugee elites who benefited from the commodification of land and the construction of state-sponsored infrastructure in the late Ottoman Levant.
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Šago, Dinka. "Uređivanje zemljišnoknjižnog stanja pojedinačnim ispravnim postupkom." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 575–97. http://dx.doi.org/10.30925/zpfsr.39.1.19.
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<span>The paper presents the most important novelties proposed by the Law on Amendments of the Land Registry Act from 2013 and 2017, in particular the novelties in an individual correction procedure. The aim of this paper is to show the process of implementation of the individual correction procedure as an efficient institute to harmonize the land registry with the actual property status. Those changes were supposed to contribute to a simplify, speed up and reduce the cost of the process, in order to allow a wider range of interested entities – private interest of owners to update the status of their property, with the secondary purpose – public interest to harmonize the land registry with the real property situation.</span>
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Gordon, Carey N. "Recent Developments in the Land Law of the Sudan: A Legislative Analysis." Journal of African Law 30, no. 2 (1986): 143–74. http://dx.doi.org/10.1017/s0021855300006537.
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With the promulgation of the Sudanese Civil Transactions Act, 1984, in February, 1984, the Republic of the Sudan joined several other Arab countries (e.g. Egypt, Jordan, Iraq and Libya) which have codified major areas of their non-criminal law. The Sudan's previous attempt at such codification was short-lived: the Civil Code, 1971 was repealed in 1973. Although many sectors of the Sudanese legal establishment have been critical of the 1984 legislation, because of questions regarding the quality of the draftsmanship and the absence of its circulation for comment prior to promulgation, it remains the most comprehensive single piece of legislation since the 1971 Civil Code, covering such topics as contract, sales, tort, gift, insurance, bailment and property, both real and personal.This article will survey all current Sudanese legislation affecting real property, including, most importantly, the Civil Transactions Act, 1984. Because there are more than twenty-five separate legislative acts in the Sudan relating to land, comprising more than six hundred relevant sections, the discussion herein must of necessity be to highlight the major divisions of the current land law, pointing out its distinctive features and those areas in which it appears that conflicts exist as between the various pieces of legislation.The Civil Transactions Act, 1984 (hereinafter sometimes referred to as “C.T.A.”), was promulgated on 14 February, 1984, and took effect on that date. It comprises some 95 chapters with 819 separate sections, more than one-third of which deal with matters relating to land.
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Mariella, Patricia. "Land Like Diamonds, Money Like Ice." Practicing Anthropology 12, no. 3 (July 1, 1990): 8–9. http://dx.doi.org/10.17730/praa.12.3.g08r623467503000.
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In the United States, government policy expressly attempts to make the consequences of forced relocation due to federal projects uniform and fair for all relocatees. Congress originally attempted to achieve the goal of similar consequences through the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, popularly titled the Uniform Relocation Act. These policies were confirmed and strengthened by Amendments to the Act in 1987 (Surface Transportation and Uniform Relocation Assistance-Act of 1987, PL 100-17, Title IV), which state that relocation assistance policies must provide for fair, uniform, and equitable treatment of relocatees and must minimize adverse impact of displacement to maintain the economic and social well-being of communities. The Amendments also state that relocatees shall not suffer disproportionate injuries as a result of programs designed to benefit the public as a whole.
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Suchoń, Aneta. "Formy zagospodarowania mienia Zasobu Własności Rolnej Skarbu Państwa po zmianie przepisów z 2016 roku." Przegląd Prawa Rolnego, no. 2(23) (December 15, 2018): 13–30. http://dx.doi.org/10.14746/ppr.2018.23.2.1.
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The aim of the author of the article was to determine the impact of the amendments to the legal regulations, especially those introduced by the Act of 14 April 2016 on suspending the sale of real estate from the State Treasury Agricultural Property Stock, on the forms of property development. In particular, it is to determine which of these forms dominate and to indicate the legal conditions related to their functioning. Among other things, it has been noted the sale of the property from the State Treasury Agricultural Property Stock has significantly decreased in comparison with the years 2009–2014, while the area of agricultural land being leased is growing. The amendments to the regulations have therefore strengthened the role of leasing in rural relations. Moreover, the National Agricultural Support Centre enjoys greater rights when selling agricultural property from the State Treasury Agricultural Property Stock, not only before but also after the contract of sale is finalised. The same is true when it comes to the exercise of the pre-emption right to acquire shares in companies owing agricultural property.
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Schmidt-Räntsch, Joanna. "Real Property Law in the Unification Treaty – Merging Two Opposite Legal Systems." International Journal of Legal Information 44, no. 1 (March 2016): 43–49. http://dx.doi.org/10.1017/jli.2016.6.
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AbstractThis essay outlines how the German Unification Treaty comprehends real property merely as a problem of transition provisions and of restitution. The Treaty therefore does provide for a small set of transition provisions similar to those provided for in 1900 for the introduction of the German Civil Code and for a restitution Act. More by instinct than by reflection or knowledge the Treaty also comprises a clause reserving later legislation on reorganizing property law. Soon after Unification having come into force this clause proved to be essential. Literally day by day, the gap between the written German Democratic Republic (GDR)-law and the real practice became more and more apparent. The difference between rights in rem and contractual rights had vanished in the GDR-law to an extent that, in the end, in hundreds of thousands of cases people did not provide at all for the necessary legal fundament for building small houses, big housing blocs, factories or public highways. Nearly every day people wrote letters to the Federal Ministry of Justice describing cases that could not or at least not satisfactorily be resolved with the instruments of the existing law. Therefore, the German parliament had to close these gaps and reorganize the rights and obligations of the people and enterprises using other persons' real property.It accomplished this by enacting in a quick sequence a series of statutes reorganizing property law. Then it was up to the public notaries and the courts, especially the civil senate of the German Federal Court of Justice and the 7th and 3rd revision senate of the Federal Administrative Court to make these laws in practicable. Although the more difficult cases on reorganizing real property relations come up for decision recently, the vast majority of cases have been finalized. This has also been a challenge for law libraries. First, they had to withstand the general trend to throw away their old stocks, which at a second glance could be very useful, both for creating the necessary reorganizing provisions and for assisting the decisions of the courts on these new rules. Then they had to decide how to provide to their Courts, lawyers or professors the necessary periodicals, commentaries and monographs. Now these transient stocks continue to be necessary for the decisions of the courts in the actual cases – and the preparatory work on writing the legal history.
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Stanivuković, Maja. "Yugoslavia is Opening its Doors to Foreign Acquisition of Real Property: Alien Ownership of Immovables in Yugoslavia After the New Foreign Investment Act 1988 and Recent Amendments to the Basic Property Relations Act 1980." Netherlands International Law Review 38, no. 01 (May 1991): 42. http://dx.doi.org/10.1017/s0165070x00005271.
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Novák, Marek. "Derelikce nemovitosti a její právněhistorické kořeny." PRÁVNĚHISTORICKÉ STUDIE 51, no. 2 (August 10, 2021): 111–28. http://dx.doi.org/10.14712/2464689x.2021.22.
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It follows from the case law of the Supreme and Constitutional Court that everyone has the right to leave immovable property if they do not illegally avoid liability for non-fulfilment of their own obligations. The legal institute of dereliction has its origins in Roman law, which emphasized the free will of the owner deciding to abandon property. The dereliction of real estate according to the Civil Code in effect takes place by the legal action itself, by which the owner expresses the will to abandon the thing. Declaratory nature of property registration in the real estate cadastre might follow the recodification work in the 1920s and 1930s, as it differs from the General civil code (ABGB) regulation. Moreover, the Civil Code is influenced by socialist legislation when it transfers abandoned real estate to state ownership automatically. Although this was originally considered a measure in favour of the society, it is likely to cause difficulties. In recent years, laconic provisions of the Civil Code have provoked a discussion on the requisites of the application for the registration of state ownership in the real estate cadastre. The cadastral offices and some courts initially considered that the application must be accompanied by a consent statement from the original owner and the state, which, however, contradicts the characteristic of dereliction as a unilateral act. The Supreme Court strongly opposed this practice and interpreted the nature of dereliction in its decisions in detail.
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Jafar, Syed Hasan. "Solid Financial Reforms are Needed to Uplift the Distressed Real Estate Sector." International Journal of Business and Management Research 8, no. 4 (December 30, 2020): 99–100. http://dx.doi.org/10.37391/ijbmr.080401.
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After the pandemic COVID-19 breakout, there has been a significant decline in the property listings. Though the Centre has focused on the affordable housing space for reforms, there has been no visible reforms in view of the realty developers. Due to the recent moratorium imposed on the term loans, credit sources have been tightened for the realty developers coupled with other aspects. Given the difficulty in credit availing conditions in the sector, the article discusses the distressed funds as alternatives to uplift the sector. However, there are certain hurdles for the distressed funds in the form of capital structures to act quickly and operate efficiently. The article in this regard discusses certain changes in the regulatory framework that allows flexibility in the capital outlay in the residential real estate projects.
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Szczechowicz, Jarosław. "Compliance with the Time Limit of Article 129 (4) of the Act of 27 April 2017 the Environmental Law in the Case-Law of the Supreme Court." Internal Security 12, no. 1 (July 22, 2020): 299–305. http://dx.doi.org/10.5604/01.3001.0014.3206.
Full textAbstract:
The study discusses issues related to maintaining the deadline for suing claims due to restrictions on the use of real estate provided for in Article 129 (1–3) of the Environmental Protection Law. Provided for in the provisions of Articles 129–136 of the Environmental Protection Law liability for damages was formed as a statutory obligation to compensate for damages resulting to property owners (holders of perpetual usufruct) from the introduction of legal regulations that narrow down the possibilities of using these properties. The conditions for liability are: entry into force of a regulation or act of local law resulting in a limitation on the way the property is used, damage suffered by the owner of the property, the holder of perpetual usufruct or the person holding property law, and a causal link between the restriction on the use of the property and the damage. Claims for damages derived from these sources meet the requirements of Articles 361–363 of the Civil Code of the Republic of Poland. They are property claims, subject to limitation (art. 117 § 1 of the Civil Code), however — without being tort claims — they are subject to limitation on general principles arising from Article 118 of the Civil Code. An important legal issue is whether, and if so, to what extent, it is possible to apply by analogy provisions on suspension or interruption of the limitation period to the preclusion period contained in Article 129 (4) of the Environmental Protection Law. The starting point for reflection on this issue are the arguments originating from the current case law of the Supreme Court. Based on the views and arguments of the Supreme Court, the author tries to answer the question on the conditions that meet the three-year period provided for in Article 129 (4) of the Environmental Protection Law asserting claims for restrictions on the use of real estate