Zhejiang Kunlun Construction Group Co., Ltd. v. Anhui Wenyue Investment & Real Estate Co., Ltd. and Department of Culture and Tourism of Anhui Province, et al. (Dispute over Contract on Undertaking Construction Project): Determination of Whether Government Agency and the Enterprise Established Thereby Shall Jointly Assume Civil Liability and Allocation of the Burden of Proof

2021 ◽  
pp. 211-219
Author(s):  
Huizhuo Liu
Keyword(s):  
Real Estate ◽  
Construction Project ◽  
Burden Of Proof ◽  
Civil Liability ◽  
Government Agency ◽  
Anhui Province

scholarly journals MODELING THE EXTERNAL ENVIRONMENT DYNAMICS OF REAL ESTATE PROJECT

2021 ◽  
Vol 4 (164) ◽  
pp. 2-9
Author(s):  
V. Kramarenko ◽  
N. Dolgova
Keyword(s):  
Real Estate ◽  
Construction Project ◽  
External Environment ◽  
Resources Management ◽  
Material Resources ◽  
Prime Cost ◽  
External Stakeholders ◽  
Hierarchy Analysis ◽  
Exogenous Factors

The article examined the problem of the determination of exogenous factors of investment and real estate projects. During the investigation, were highlighted the construction project external environment factors. The expert external stakeholders' impact analysis was performed on the material resources management process using hierarchy analysis. Determination of the cause-effect relationship between the main parameters of the project as of the cost of production, price of the dwelling, the rental rate on the housing market, duration of the project, and influence of the interests of external stakeholders was performed by the hierarchy analysis process. Was solved the multicriteria problem of determining the most significant project parameter and ranking stakeholders according to the degree of influence on the project parameters. The most crucial parameter in the management of resources of the construction project was determined as the construction cost. The construction prime cost trend availability check was performed by the Foster-Stewart method. Collection and processing of statistical data have been carried out. Basing on that data, we conducted building and analysis of the model of multiple regression of construction and installation prime cost of residential property construction, considering exogenous factors. The exogenous factors were considered as the inferred numerical characteristics of external stakeholders' influence. The resulting regression model parameters analysis revealed exogenous factors with the most significant efficiency impact on resource management. The research defines the necessity of using mathematical apparatus for processing qualitative and quantitative information about the external environment of a real estate object dynamics as a component of information technologies for material resources management at the strategic and operational levels.

scholarly journals Pierādīšanas nasta atbildības par vainojamu rīcību piemērošanā

2021 ◽  
pp. 154-166
Author(s):  
Edijs Brants ◽  
Keyword(s):  
Civil Law ◽  
Burden Of Proof ◽  
Civil Liability ◽  
Standard Of Care ◽  
Tort Law ◽  
Contract Law ◽  
Fundamental Question ◽  
Private Law ◽  
Legal Duty

In this article, the author analyses the burden of proof in determination of fault-based liability. The main focus is placed on the first prerequisite of civil liability – fault, which can be defined as non-compliance of the factual conduct with the required standard of care (in form of negligence or intent). Currently, the aspect of burden of proof regarding fault is quite unclear in Latvian private law. Therefore, in this article the author answers the fundamental question: which party has the legal duty to prove the prerequisite “fault” (or its absence) according to the Civil Law? Additionally, the author will also outline the peculiarities of burden of proof in both tort law and contract law.

scholarly journals The Application of Public Data in Forensic Real Estate Valuations: Problems, Limitations, Opportunities

2019 ◽  
Vol 14 (1) ◽  
pp. 24-29
Author(s):  
A. Yu. Butyrin ◽  
V. M. Kruglyakova ◽  
I. A. Shipilova
Keyword(s):  
Real Estate ◽  
Initial Data ◽  
The Body ◽  
Legal Authority ◽  
Data Completeness ◽  
Legal Proceedings ◽  
Public Data ◽  
Judicial Proceedings ◽  
Forensic Expert

One of the problems with the practice of legal proceedings is the determination of the legal authority limits of a forensic expert when he forms an array of initial data, the structure and content of which would provide a full and comprehensive research of the issues put before him by the body (person) having appointed the examination. The possibility of the specifed initial data completeness ensuring is suggested and substantiated in the article, arguments arising from the provisions of the law concerning neutralization of the traditional criticism directions of the expert in this part during his interrogation in the course of judicial proceedings on his conclusion are adduced.

scholarly journals Pertimbangan Hakim dalam Penilaian Alat Bukti Surat pada Perkara Penetapan Ahli Waris

2021 ◽  
Vol 2 (1) ◽  
pp. 99-103
Author(s):  
Ni Made Sinthya Kusuma Arisanthi ◽  
I Nyoman Putu Budiartha ◽  
I Nyoman Gede Sugiartha
Keyword(s):  
Moving Objects ◽  
Legal Reasoning ◽  
Civil Liability ◽  
The Law

In Heritance is everything in the form of treasure relics left by the heir to the beneficiary, which is that this inheritance can be moving objects and the objects do not move or be rights and obligations. Lately very many disputes arising in consequence in the dividing of the inheritance, which, between the rights and obligations of the unbalanced or in the dividing of the inheritance that is not in accordance with the wishes of the heirs. The dividing of inheritance should be using wills avoiding disputes among the heirs, the absence of a will the heir must prove with evidence of tools that have been specified in the law. One tool evidence supports a very authentic and has the power of proof most perfect IE tool written evidence or mail. From the background of the above, the authors take the title Considerations in the Assessment of the Evidence the Judge a Letter in the Case of Determination of Heirs. In this study, used normative research, so that it can be formulated as follows: the issue of whether the evidence of a letter submitted by the applicant was the beneficiary designation in accordance with the law of civil liability, as well as how the Tribunal judges considering the evidence a letter to grant the petition for dermination of the heirs, from the formulation of the problem can be explored regarding the evidence of tools able to convince at the same time as the consideration of judges in disconnected things of the expert determination the heir. The goals of this research are: to know the strength of the evidence of a letter in the system of succession in Indonesia, as well as to know the legal reasoning used by the judge as the consideration.

scholarly journals MORTGAGOR’S LIABILITY FOR THE PRESERVATION OF THE VALUE OF A MORTGAGED REAL ESTATE

TEME ◽  
2020 ◽  
pp. 065
Author(s):  
Milica Vučković ◽  
Miroslav Lazić
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
Civil Liability ◽  
Due Diligence ◽  
Legal Standard ◽  
Real Risk ◽  
The Relationship

In this paper, the authors analyze the civil law liability of a mortgage debtor (mortgagor) in cases where the debtor breaches the obligation of treating the mortgaged real estate in compliance with the legal standard of acting with due diligence of “a good host” or “a good businessman,” and thus depreciates its value to the extent that jeopardizes the possibility of enforcing the claim. Given the accessory nature of mortgage which is aimed at securing the claim as the primary right, this form of civil liability and the corresponding rights of the mortgage creditor (mortgagee) are applicable before raising the issue of traditional civil law liability, which implies the maturity of the receivables and compensation for the damage sustained by the creditor. This form of civil liability may also be used preventively when there is a real risk of causing damage to the mortgagee. The relationship between civil law liability and the insurance of the mortgaged asset implies that they do not exclude but complement each other.

scholarly journals STATE CADASTRAL ASSESSMENT OF REAL ESTATE AND NATURAL RESOURCES IN THE DIGITAL ECONOMY OF RUSSIA (DEFINITION OF ECONOMIC STANDARDS FOR THE RATIONAL USE OF REAL ESTATE PROPERTIES AND NATURAL RESOURCES)

2021 ◽  
Vol 3 (1) ◽  
pp. 269-276
Author(s):  
Alexander D. Vlasov
Keyword(s):  
Artificial Intelligence ◽  
Real Estate ◽  
Natural Resources ◽  
Digital Economy ◽  
Rational Use ◽  
Definition Of ◽  
Organizational Problems

Methodological and organizational problems of accounting, appraisal of real estate objects and natural resources of Russia are posed. The technology of accounting and determination of economic standards for the rational use of real estate and natural resources in the digital economy of Russia based on artificial intelligence is proposed.

Operational evaluation of the risk of development of waterflowing for making information in the unified state real estate register using GIS technologies (on the example of the Ob-Tomsk interfluve)

2021 ◽  
pp. 11-21
Author(s):  
K.I. Kuzevanov ◽  
◽  
E.Yu. Pasechnik ◽  
L.N. Chilinger ◽  
◽  
...  
Keyword(s):  
Real Estate ◽  
Digital Terrain Model ◽  
Gis Technology ◽  
Terrain Model ◽  
Gis Technologies ◽  
State Register ◽  
Digital Terrain ◽  
Critical Areas ◽  
Real Estate Register

The article analyzes the existing procedure for entering information on the boundaries of zones with special conditions for the use of territories in the Unified State Register of Real Estate using the example of flooding zones. The basic regulatory documents governing the procedure and procedure for establishing flood zones are identified, in which gaps are identified in the requirements for the content of the work to determine the boundaries of such zones and assess their accuracy. In this connection, it is proposed to use the algorithm developed by the authors to determine the boundaries of the zones of underflooding development based on the analysis of the hydrographic network and digital terrain model using GIS technologies. This methodology is aimed at an operational assessment of the conditions of built-up and built-up territories, which allows to reduce the financial costs of conducting expensive engineering surveys, the need of which remains to clarify the results of computer mapping in the most critical areas. The norms of accuracy of determining the boundaries of flood zones are proposed, which will correspond to the accuracy of determining the boundaries of the lands of the water fund. In order to test the developed algorithm, we chose the territory of the Ob-Tomsk interfluve, for which zoning was carried out according to the depth of groundwater and the territories of moderate and severe flooding were identified for the purpose of further more detailed study. Keywords: GIS technology; occurrence depth; Unified state register of real estate; flood zone; engineering survey; restrictions The groundwater; zoning of the territory; accuracy of determination of coordinates; business activity.

Sign in / Sign up

Export Citation Format

Share Document