scholarly journals Lawyers’ Tricks, or What Did the Dostoevskys Get from the Sale of the Tula Estate

2021 ◽  
Vol 8 (1) ◽  
pp. 168-182
Author(s):  
Yulia Yukhnovich
Keyword(s):  
Real Estate ◽  
The Other ◽  
Legal Assistance ◽  
The Real Estate ◽  
Unpublished Letter ◽  
Estate Property ◽  
History Of ◽  
The Right ◽  
Unexpected Outcome

The article deals with the history of the sale of the real estate property belonging to A. F. Kumanina, the Moscow aunt of F. M. Dostoevsky, in the Tula province. The division of the property received by her heirs after her death was to be carried out after their entry into the ownership of the estates: first Tula, then Smolensk and Ryazan, which were pledged. Lawyers played a criminal role in this process. They developed an illegal scheme during the division and sale of the house and land plot in Tula, which predetermined the fate of the Kumanin inheritance, most of which was spent on paying debts, arrears and attorney fees. In connection with the inheritance case, F. M. Dostoevsky sought legal assistance from V. P. Gaevsky, V. I. Veselovsky, B. B. Polyakov, V. I. Gubin, E. V. Korsh, A. V. Lokhvitsky, V. I. Lustikh. The facts testifying to the unseemly role of the attorneys, which ultimately led to the unexpected outcome of the “Kumanin story”, are presented in the memoirs and correspondence of the writer’s brother Andrey Mikhailovich. They are also indicated in the correspondence of the other heirs of A. F. Kumanina, including F. M. Dostoevsky and his closest relatives, who tried to regain the right to own hereditary estates, as well as the materials of the genealogic inventory of N. S. Lazarev-Stanishchev, who became one of the participants in the “Kumanin inheritance” scam. The Appendix contains a previously unpublished letter from D. A. Smirnov, assistant to attorney V. I. Veselovsky in the “case of the Kumanin inheritance”, to A. M. Dostoevsky dated February 10, 1874 about the sale of the Kumanin house in Tula.

scholarly journals A vagyoni értékű jogok apportálhatósága és az egységes szabályozás hiányának problematikája

2015 ◽  
Vol 12 (3-4) ◽  
pp. 114-120
Author(s):  
Zóra Zsófia Lehoczki
Keyword(s):  
Real Estate ◽  
Income Tax ◽  
Civil Code ◽  
Personal Income ◽  
The Other ◽  
Personal Income Tax ◽  
The Real Estate ◽  
Judicial Practice ◽  
Other Hand ◽  
The Right

According to the new Hungarian Civil Code, the funders of the legal entities have to make contributions to the authorised capital and the two forms of these contributions are the contribution is cash and the contribution in kind. The regulation states that proprietary rights can also be transferred to the capital of businness accociations, by those funders, who are entitled to demise them. The judicial practice unanimously defined the rules in those cases, when the object of contribution in kind is a certain proprietary right, especially when the right is connected to the real estate. On the other hand, the Civil Code does not contain a list of those proprietary rights, which can be transferred to the authorised capital and unfortunately, different acts contain different lists of these rights. The three mentioned acts are the following: the personal income tax act, the act about the fees and the accounting act. All of them contain a list of proprietary rights and some of the items are regulated by all the three of them but most of the items are different, which means it is impossible to create an accurate list of these rights. For example, the list in the personal income tax act contains only five items, on the other hand, the accounting act contains two lists and both of them are unfinised. Because of the lack of unified rules, it is impossible to define which proprietary rights can become the objects of contribution in kind and this misfortunate situation causes a lot of unwanted indefinability and states a lot of questions. In my essay I introduce this problem and I use a chart to illustrate the differences between the mentioned lists. In my opinion, this problem could be solved with an unified list, which is normative for every regulation in connection with the proprietary rights or the Civil Code should contain a list of those proprietary rights, which can be the objects of contribution in kind.

scholarly journals Regulation of Protection of Agricultural Land and Limitation of Ownership Rights to Real Estate

2020 ◽  
Vol 29 (2) ◽  
pp. 127
Author(s):  
Rafał Michałowski
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Civil Law ◽  
The Real ◽  
The Real Estate ◽  
Positive Duties ◽  
Estate Property ◽  
The Right ◽  
Ownership Rights ◽  
Economic Use

<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>

scholarly journals La modificación del título constitutivo en la propiedad horizontal tras la ley 8/2013, de 26 de junio

2013 ◽  
Author(s):  
Juan Carlos Martínez Ortega
Keyword(s):  
Real Estate ◽  
Common Elements ◽  
Legal Certainty ◽  
Legal Requirements ◽  
The Real Estate ◽  
The Public ◽  
Property System ◽  
El Sistema ◽  
Estate Property

El autor analiza la incidencia que la reciente Ley 8/2013, de 26 de junio, de rehabilitación, regeneración y renovación urbanas tendrá en las modificaciones que se realicen en el título constitutivo de los edificios regidos por el sistema de Propiedad Horizontal. Además, se profundizará en las operaciones registrales de desafectación y afectación de elementos comunes, y de todos los requisitos técnicos y jurídicos que se precisan para conseguir que las escrituras públicas que documenten estos actos se realicen con las máximas garantías, que faciliten la inscripción en el Registro de la Propiedad de los elementos desafectados y formados como nuevos e independientes a favor del adquirente, liberándole de la posible asunción de cargas no deseadas por descuido de los profesionales implicados. Se dará realce especial a la actuación del Notario en todos estos documentos y cómo su diligencia y cabal asesoramiento a los otorgantes puede deparar plena seguridad jurídica preventiva.The author analyses the incidence that the newly Law 8/2013, of June 26th of rehabilitation, regeneration and urban renewal will have in the amendments of the deed of constitution of buildings regulated by the Horizontal Property system. In addition, there will be an in-depth examination of involvement and reversal registry operations of common elements and all the technical and legal requirements needed to ensure that the Public Deeds that documents these acts are made with the maximum guarantees that facilitate the registration in the Real Estate Property of disaffected elements and transformed into new and independent elements in favor of the purchaser, that can release him/her from the possible assumption of unwanted liens through carelessness of the professionals involved. The role of the Notary in all these documents will be greatly enhanced, as his/her diligence and efficient advice to the grantors can guarantee full legal certainty.

The role of buy-side anchoring bias: Evidence from the real estate market

2016 ◽  
Vol 38 ◽  
pp. 34-58 ◽  
Author(s):  
Chuang-Chang Chang ◽  
Ching-Hsiang Chao ◽  
Jin-Huei Yeh
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
The Real ◽  
The Real Estate ◽  
The Real Estate Market ◽  
Anchoring Bias

scholarly journals Bringing the User Back in the Building: An Analysis of ESG in Real Estate and a Behavioral Framework to Guide Future Research

2021 ◽  
Vol 13 (6) ◽  
pp. 3239
Author(s):  
Shirley Kempeneer ◽  
Michaël Peeters ◽  
Tine Compernolle
Keyword(s):  
Real Estate ◽  
Social Science ◽  
Environmental Psychology ◽  
Fiduciary Duty ◽  
Future Research ◽  
The Real Estate ◽  
Investment Value ◽  
Real Estate Sector ◽  
Sustainable Investments

Investors are currently obliged to take environment, social, and governance (ESG) issues into consideration as part of their fiduciary duty. As such, it becomes increasingly important to identify sustainable investments that also hold financial value. A sector where this is especially underdeveloped is real estate. This has a lot to do with the obfuscated conceptualization of ESG. The article identifies key gaps in the literature and practice and provides a framework to further the understanding of how ESG factors can add societal and financial value in the real estate sector. A key premise of the article is that the user in the building is grossly overlooked. Drawing on insights from behavioral social science and environmental psychology, the paper explains the role of the user in improving buildings’ ESG, also taking into account the investment value. To conclude, the article makes the case that the transition to user-centered smart real estate is the solution to improving both the environmental (E) and social (S) sustainability of buildings, as well as their investment value. Therefore, practitioners and academics are encouraged to critically evaluate and contextualize the ESG framework they are using as well as the extent to which users are considered and smart technology is employed.

scholarly journals Venipuncture Induced Complex Regional Pain Syndrome Presenting as Inflammatory Arthritis

2016 ◽  
Vol 2016 ◽  
pp. 1-4
Author(s):  
Punit Pruthi ◽  
Pramod Arora ◽  
Manoj Mittal ◽  
Anugrah Nair ◽  
Waqia Sultana
Keyword(s):  
Complex Regional Pain Syndrome ◽  
Inflammatory Arthritis ◽  
Young Male ◽  
Pain Syndrome ◽  
Poor Response ◽  
History Of ◽  
Diagnostic Modalities ◽  
Musculoskeletal Ultrasonography ◽  
The Right

Venipuncture is one of the most commonly done medical procedures. We report a unique case of a 23-year-old young male who presented with features suggestive of inflammatory arthritis. The symptoms, which initially started on the right side, also involved the other side after a few weeks. Although the patient’s symptoms and signs were simulating inflammatory arthritis, he had atypical features like poor response to anti-inflammatory medicines and normal laboratory parameters. His musculoskeletal ultrasonography was also not suggestive of arthritis. His history was reviewed and on direct questioning he revealed a history of venipuncture for blood sample withdrawal, done from right antecubital region for routine health check on the day prior to the onset of symptoms. Complex regional pain syndrome was suspected and triple-phase radioisotope bone scan was done which was highly suggestive of this diagnosis. The patient was managed with multidimensional approach and responded very well to the treatment. Complex regional pain syndrome is usually not thought of in the initial differential diagnosis of inflammatory arthritis. In this report we highlight the need to elicit the often overlooked history of trivial trauma like venipuncture, especially in atypical cases of arthritis. Also the role of newer diagnostic modalities in such cases is emphasized.

Return to the ancestral land: The semiotic map of the Mapuche people

2021 ◽  
Vol 27 (2) ◽  
pp. 258-269
Author(s):  
Camila Pérez ◽  
Giuseppina Marsico
Keyword(s):  
Meaning Making ◽  
The Other ◽  
Indigenous Group ◽  
History Of ◽  
Territorial Claim ◽  
Mapuche People ◽  
Territorial Claims ◽  
Von Uexküll ◽  
Over Time

Indigenous territorial claims are a long-standing concern in the history of Latin America. Land and nature have profound meaning in indigenous thinking, which is neither totally understood nor legitimized by the rest of society. This article is aimed at shedding light on this matter by examining the meanings at stake in the territorial claims of the Mapuche people. The Mapuche are an indigenous group in Chile, who are striving to recover their ancestral land. This analysis will be based on the concept of Umwelt, coined by von Uexküll to refer to the way in which species interpret their world in connection with the meaning-making process. Considering the applications of Umwelt to the human being, the significance assigned to land and nature by the Mapuche people emerges as a system of meaning that persists over time and promotes interdependence between people and the environment. On the other hand, the territorial claim of the Mapuche movement challenges the fragmentation between individuals and their space, echoing proposals from human geography that emphasize the role of people in the constitution of places.

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