The usufrucht of the real estate in east germany and considerableness in real property law

Author(s):  
Byeong-Il Jang ◽  
2016 ◽  
Vol 10 (1) ◽  
pp. 203
Author(s):  
Grzegorz Jędrejek

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.


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.


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.


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.


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.


Author(s):  
Eva Ardielli ◽  
Jiří Ardielli ◽  
David Slavata

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 ◽  
Vol 5 (3) ◽  
pp. 401-420
Author(s):  
Matt Koronczok

Blockchain has recently driven a financial revolution in the realm of virtual currencies, smart contracts, and escrow services. Over the last year, the technology has also been mentioned as a harbinger of change in real estate transactions and land title research. Speculation about the technology’s likely impact in various industries is more warranted in some instances than others. Goldman Sachs, for its part, has suggested that, like other industries which have benefitted from the transparency and efficiency of blockchain technology, the title insurance industry will experience a dramatic boost in the near future. This suggestion, however, fails to recognize both the efficiency already achieved by industry title plants and the extent of legal problems that arise during title research—very few of which blockchain holds promise of mitigating. Public land titling offices, on the other hand, stand to gain significantly by adopting the technology. Because of blockchain’s decentralized and unalterable structure, the technology is useful for protecting records from natural disasters and government corruption. This Comment charts the real property legal issues that blockchain likely will and will not address. Developers and investors will find that understanding what blockchain can and cannot do for the real estate industry is crucial, because blockchain hype looms large and, as Bitcoin’s recently fluctuating prices prove, the way forward for blockchain investment can be uncertain.


ECONOMICS ◽  
2016 ◽  
Vol 4 (1) ◽  
pp. 137-150
Author(s):  
Milan Tadić

Summary The real estate tax is usually a fiscal instrument which performs the property tax. When it comes to real property or immovable this term include: apartments, houses, land, cottages, excess housing landscape and more. The real estate tax as a form of the fiscal charges ownership or use of certain forms of real estate, and the revenue from this tax is levied on the area where the property is located regardless of the place of residence of its owner. The tax base for the calculation of this tax usually consists of the market, estimated or annuity value of certain real estate. This form of taxation in the Republic of Serbian applies from 1.1.2012., and its introduction has been replaced by former property taxes. The differences between the two concepts mentioned taxes are numerous and significant. Among the more important are: subject to taxation under the new concept of the real estate rather than law, a taxpayer is any property owner rather than the holder of rights to immovable property tax base is the market value of real estate which is replaced by the payment of taxes per square meter of usable area, the rate of property tax is determined local government, which can not be lower than 0.05% of the estimated value of the real estate nor higher than 0.5% of the appraised value of real estate. The last change, ie. The new law on Property Tax from 5.11.2015. was determined by the tax rate to 20%. The fact that local governments each of them determines the tax rate on real estate which range from high to low rates of multiple, makes this tax is progressive. Progression is particularly expressed in the distinction applied tax rates of developed and undeveloped municipalities, where we have a case that less developed tolerate a higher tax burden, which leads to negative economic effects. However, real estate tax has its own economic and social characteristics which must be aligned with the objectives of tax policy. This means that the real estate tax should be considered from the standpoint of the entire tax system and not from the standpoint of individual income tax forms.


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