Vindicatory Action in Protection of Title to Real Property of Legal Persons

10.12737/5501 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 53-61
Author(s):  
Павел Стрельников ◽  
Pavel Strelnikov

The question of the protection of property rights of legal entities in a market economy is of particular importance because it is the basis of their economic activities. Particularly acute this problem gives the specifics of the legal regime of the real estate, which has a significant impact on the choice of the means of protecting the violated rights, questioning the use of some of them. One of the methods of protection is indicated by replevin. The question of vindication as a way to protect the property rights of legal entities in the real estate is very controversial, because often put into question the very possibility of vindication property. The arguments for limiting the use of debt collection as a way to protect the rights of ownership of real estate can be divided into two groups. The first related to the essential characteristics of the real estate. The second is based on the legal regime of property, largely determined by the system of state registration of the respective object and deal with them. Based on an analysis of court decisions the author concludes that the feasibility of vindication by prohibiting the use of illegal property owner and the release of land, buildings, structures and premises in them from his property.

JURIST ◽  
2021 ◽  
Vol 5 ◽  
pp. 49-55
Author(s):  
Pavel A. Strelnikov ◽  

The vindication claim is a traditional way of protecting the legal entities real property. The problem of vindication does not lose its relevance in the conditions of the development of a market economy and property turnover both theoretically and practically. The main idea of this article is to identify the features of the vindication claim use as a way of protecting the legal entities real property. To achieve this goal, the author formulates the following tasks: the analysis of the possibility of the real property vindication; identification of the specifics of the real property as the vindication objects; the role of the real property state registration; identification of features of the vindication procedure in relation to the legal entity will; analysis of legal positions developed by judicial practice.


2020 ◽  
Vol 1 (1) ◽  
pp. 34-49
Author(s):  
Mazed Parvez

Bangladesh is one of the in large part populated countries in the sector. With the urbanization fashion, the populace within the city location is increasing every day. These days the population is about 30 million, and on the 12 months 2040, it has miles anticipated at about two hundred million. With the growing city population, housing calls for in will increase every day. However, the call for will increase the high-quality of urban housing decline. Pleasant residence with a better carrier facility cannot be ensured. Non-public housing gives first-rate city housing, which is needed. The real estate area contributes to quality housing to fulfill city housing demand. Pabna is one of the quickest growing cities in Bangladesh. The city has a populace of about 116305 with this huge populace like different towns of Bangladesh, Pabna cannot provide suitable housing to the city dwellers. Monsurabad housing estate, a real estate corporation placed at Pabna, affords housing facilities to urban dwellers. This observation aimed to determine the contribution of real property zone most of the urban housing and the overall performance of housing facility presents through the real estate region. From this overall performance assessment, a new manner will emerge with the aid of which the private sector contribution to fulfill the city housing demand might be determined and cannot apprehend the fine of housing furnished through the real estate area. This has a look at also consists of some lacking of actual estate quarter and recommends overcoming the missing. Subsequently, the examination could explain how the low- and middle-magnificence-income level humans may be afforded on the entire real estate.


2021 ◽  
Vol 1 (161) ◽  
pp. 129-133
Author(s):  
S. Nesterenko ◽  
Y. Radzinska ◽  
V. Frolov ◽  
P. Firsov

Given the provisions of the existing regulatory framework, contributions and achievements in the development of modern land management, it can be noted that the current outline of legal features of land and real estate, the presence of significant gaps and unresolved issues need to clarify these problems and find effective practical measures. The purpose of the article is to study the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The article examines the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The paper analyzes modern approaches to obtaining the right to land under real estate in Ukraine. The procedure for assigning a cadastral number before the alienation of real estate is determined; schemes of land formation under the real estate object; the procedure for state registration of real estate rights and the grounds for refusal of it and others are determined. The order, principles, requirements and regulatory documents at formation of the ground area under real estate objects are offered. The article considers the peculiarities of assigning a cadastral number to the land plot on which the residential building is located. It is noted that the state registration of land plots is carried out at their location by the relevant state cadastral registrar. It is determined that the acquisition of the right to a person's share in the ownership of a residential building, building or structure under the contract as a result of state registration of rights is a fact of acquisition of real estate. The norms specified in the article establish the general principle of integrity of the real estate object with the land plot on which this object is located. According to these norms, the definition of land rights is directly dependent on the ownership of the building and structure. The provisions developed in the article will increase the efficiency of land use and real estate by defining regulations on their mutual influence.


2011 ◽  
Vol 71-78 ◽  
pp. 4369-4373
Author(s):  
Hong Tao Wang

The urban value is the sum total of the entire human labor which is formed by the accumulating investment as well as the construction activities in the urban city. The urban value is one of the most significant elements in the composition of the real estate value. Urban value determines the value of real estate. Similarity, the value of real estate also has effects on urban value. In accordance with the empirical research, it indicates that the general complexity and dynamics of urban value conform to the using space of Grey Correlative Analysis. To make the analysis of urban value based on Grey Correlative Analysis can explain the differences of the real development trend between each city. According to Grey Correlative Analysis, the main factors that affect urban value are urban economy value, urban position value and urban resources value in turn. Effects on urban value of urban infrastructure and urban scope value are weak. Research for urban value based on the Grey Correlative Analysis provides the more rational and logical decision-making platform to the most acceptable subsystem in the urban economic activities objectively--the activities for the investment and construction of the urban real estate.


Author(s):  
Anna Przewiezlikowska

In Poland, after World War II, most of the technical infrastructure was built based on a construction permit, and without a legal title to a given real property. Therefore, a necessity arose for the regulation of property rights where technical infrastructure was built. For the establishment of the right-of-way for transmission facilities it is essential to regulate the legal relationships between the owner of the real estate and the transmission entity and their entry into the land and mortgage register. The extent of the granted right-of-way determines the value of consideration for the owner of the encumbered property. This study analyzes the rules for the determination, establishment and surveying preparation of the right-of-way for various types of transmission facilities. First a thorough examination of the legal status of the real property was required and then the extent of the necessary right-of-way to be established for the given facilities was analyzed. The next stage of the study involved determining the extent of the rights-of-way and appropriate protective zones for the networks pursuant to the relevant technical guidelines. The analysis revealed significant diversity of legal regulations on the establishment of the right-of-way for the specific types of public utilities.


Author(s):  
Anna Przewiezlikowska

The aim of this article is the comparative description of two real estate markets based on the procedures for real property valuation. The study concerned only the land, which was undeveloped, intended for single-family housing in two communes located in the district of Krakow and three communes from the district of Kielce. The analyses were performed at four-year intervals and the comparison of the real estate markets was conducted. The first part contains the description of the areas covered by the research studies and the analyses of the real estate market and market trends. The next stage includes the descriptions of the two test real properties which are the subject of valuation and the fundamental comparative criterion. Then, the algorithms and methods of the calculations are presented. The practical part contains the description of individual markets, the implementation of the analyses and calculations, the comparison of the study areas and conclusions. The comparative analysis of the performed simulations of valuations was carried out first and then followed by a collective summary of descriptive statistics of all the real estate bases and the comparative description of the structures of the databases showing meaningful differences between Krakow and Kielce region.


2016 ◽  
Vol 4 (2) ◽  
pp. 37-50
Author(s):  
Eva Ardielli ◽  
Jiří Ardielli ◽  
David Slavata

Abstract The process of real property valuation by usage of income approaches is significantly affected by capitalization rate. This article deals with problematic of the capitalization rate determination in the real estate segment of apartments in the Ostrava city. It primarily aims to calculate the level of gross capitalization rate according to different urban localities of Ostrava, for various sizes of apartments, as well depending on the type of apartment ownership. The analysis of the real estate market is an important part of the research. It is focused on the offer of apartments from the perspective of market apartments for sale and also of market apartments for rent. The analyzed and calculated spatial values distributions are consequently processed into cartographic outputs.


2019 ◽  
pp. 622-633
Author(s):  

The article deals with the issues of conducting forensic appraisal-building and appraisal-land expertise and expert research of valuation of immovable property in an unstable market. It should be noted that: 1. Using a comparative methodological approach in the present extremely adverse market conditions prevailing in Ukraine, including, and on the background of the rapid devaluation of the national currency against the U.S. dollar, needs assessment (court expert or appraiser) a clear awareness of the fact that almost all the participants of the real estate market at the moment have taken a wait that led to the actual absence of the market itself. 2. The real estate market, which has always been characterized by a certain inertia, in virtue of their nature, react to any changes in the economy only after a certain period of time, that is, a so-called «temporary delay». The process of reaching the market to its equilibrium state is delayed in time because the market participants still can not adapt to new economic realities as the situation in the country as a whole continues to change literally every day and talk about any signs of stabilization earlier. 3. Analysis of General dynamics (trend) behavior of the real estate market shows that the hryvnia and the dollar prices in practice «diverge», that is, prices denominated in us dollars decrease, and the Ukrainian currency is going up. 4. Under these conditions, within the comparative methodological approach by conducting a court expert or appraiser procedures, the so-called «actualization» of the value proposition analogues on the valuation date of a particular object in an environment of rapid devaluation of the Ukrainian hryvnia is not just permissible but essential as it allows the contractor estimates to neutralize the factor «retrospectives»announcements are about objects-analogues in conditions of high volatility of the currency market. This procedure is advantageously carried out in the final part of the stage of collecting and analysing information about the sale or supply of such real property and identifying objects of comparison, and directly after that go to the comparison of object of evaluation with the objects of comparison and then correcting the already «updated» the sales price or offer price of the objects of comparison. 5. The procedure «updating» of the value proposition analogues on the valuation date is advantageously carried out using the above empirical relationships. 6. The performers of the assessment can also use a mathematical expression to calculate the magnitude of typical discounts for the bargain, the absolute value of which depends on the three market variables: the forecast term exposure, discount rate and annual rate of market value change in time of the specific property. 7. For active and developed markets in which the typical time frames of exposure are relatively small, particularly in periods of rapidly rising prices, discounts to the trade are significantly reduced or disappear altogether. 8. In periods of stagnation in the markets, for which the typical time of exposure significantly increased, especially in periods of lower prices, discounts on bargaining, on the contrary, have been increasing substantially, and have in fact, as of today. Keywords: real estate, assessment, unstable market, updating the value proposition, the adjustment for the bargain.


2020 ◽  
pp. 9-12
Author(s):  
Nataliia MARTYNIUK

The paper is devoted to the coverage of the category of administrative procedure for the provision of public services for state registration of real rights to immovable property. The categories «stage», «administrative procedure for the provision of public services» and «stages of the administrative procedure for the provision of public services» are compared. A description of the stages of the procedure for providing public services for state registration of real property rights is given. It is emphasized that the administrative procedure for state registration of real property rights has consisted of the following stages: 1) submission of applications and documents to it includes actions such as acceptance and verification of documents submitted for state registration of rights and encumbrances; application registration, etc.; 2) consideration of the case or investigation of all circumstances related to the provision of public service; 3) making a decision on the provision of public service for state registration of real rights to immovable property; 4) making entries in the state register of rights to provide public services for state registration of real rights to immovable property; 5) issuance of documents for the provision of public services for state registration of real rights to immovable property. Attention is drawn to the fact that the main tasks of the stage of acceptance and verification of documents for public services submitted for state registration of rights and their encumbrances stage are: verification of documents on payment of administrative fees for public services and extraction from the State Register of Rights; acceptance of applications and documents required for state registration of rights; registration of the application in the database on registration of applications and inquiries; verification of documents for compliance with general requirements.


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