scholarly journals Some issues of legal regulation of real estate mortgages that children have the right to use

2020 ◽  
pp. 31-36
Author(s):  
S.I. Denisenko ◽  
O.M. Rubanets
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Legal Regulation ◽  
Court Decisions ◽  
Residential Real Estate ◽  
The Real ◽  
The Real Estate ◽  
Rights Of The Child ◽  
Minor Children ◽  
The Right

The article deals with topical issues of mortgage agreements, according to which the mortgage is transferred to the mortgage, the right of use of which are underage children, and the study of problematic issues of further recourse to such housing. As a result of resorting to a comprehensive interpretation of individual regulations and court decisions, the degree of legal uncertainty that coexists with such terminological term as “Housing for children to enjoy” has been investigated. The article contains a study of the norms of the law that ensure the realization of the child's right to use the mortgaged property, which in particular concludes that the legislator has identified sufficiently specific restrictions on the rights of parents to dispose of real estate (housing) to which they are entitled to use to the child. It is also noted that the permission of the guardianship authority is required not only if the child is the co-owner of the real estate, but also if there is only registration of the child in the accommodation. Attention is drawn to the fact that the very fact of registration of a child in residential real estate (when the child is not even a co-owner) already speaks of the need for obtaining the permission of the guardianship authority. After all, such actions (deeds) of parents, which by their essence limit the property rights of the child, can in no case be carried out without the permission of the guardianship and guardianship bodies. But if the guardianship authority has been granted permission to enter into a mortgage agreement, which provides for the mortgagee's right to satisfy his claims by selling the mortgage / acquisition of title to it, it means that such authority simultaneously consented to and alienate such property upon the occurrence of the property provided for in such transaction. According to the results of the study, deficiencies in the legislative regulation of the above issues were identified and the risks of violating a child's right to use mortgaged housing were identified. This made it possible to provide guidance on the practical avoidance of situations where a mortgage agreement was invalidated due to a violation of children's rights. At the same time, Ukrainian legislation, some scientific works of scientists were analyzed, which made it possible to speak about insufficient level of attention of scientists to such problems as protection of the rights of the borrower (mortgagee) and members of his family - minor children and, at the same time, introduction of responsibility of parents in the sphere. violation of the rights of the child.

scholarly journals ISSUES OF THE LEGAL REGULATION OF BANK FINANCING OF REAL ESTATE DEVELOPERS

Banking law ◽  
2020 ◽  
Vol 5 ◽  
pp. 39-46
Author(s):  
Igor V. Sarnakov ◽  
◽  
Ilya I. Khrebtov ◽  
Keyword(s):  
Real Estate ◽  
Legal Regulation ◽  
The Real ◽  
The Real Estate ◽  
Bank Financing ◽  
Real Estate Project ◽  
Real Estate Developers ◽  
The Right

The article analyses the right status of the bank that finances the real estate project, implemented with the attraction of funds from participants in shared construction. The work considered certain problems and risks of the bank in financing such projects, as well as proposed ways to resolve these problems and minimize risks.

scholarly journals Urban Heritage as Ethos in Resource-Based Small-Scale Property Management

2019 ◽  
Vol 11 (19) ◽  
pp. 5354
Author(s):  
Ingrid Martins Holmberg
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
Small Scale ◽  
The Real ◽  
The Real Estate ◽  
Construction Market ◽  
Urban Heritage ◽  
The Real Estate Market ◽  
Set Up ◽  
The Right

This study puts urban heritage in the setting of property owners’ small-scale and resource-based management of ordinary old buildings. This phenomenon indicates a need not only to reconceptualize urban heritage in its actual complex web of negotiations over constraints of the regulation (urban planning, including preservation) and economy (the real estate market) but also to pay attention to the emergence of a new ethos. The case concerns a Swedish second-city context and the specific moment in time: When the 1990s recession had disarmed the real estate market. Based upon ethnographic fieldwork, this study used an assemblage perspective to allow for a following of entanglements of material and matter. The study sheds light upon the emergence of a small-scale and resource-based management in the midst of managerially defined cycles of investment. Important for the output was 1) the set-up of a network of skilled craftsmen, antiquarians, and entrepreneurs ‘of the right mindset that enabled for the authentic material result but that also helped navigate regulation and financial parties, 2) the “alternative market for reverential maintenance and repair” that guaranteed the appropriate supply of materials, products, and skills that differed from the mainstream construction market. For the means of understanding the ethos involved, the study introduced the notion of “factual life-span of buildings”. The overall aim of this article was to contribute to research on heritage urbanism by adding a resource management perspective that focusses on the entanglements of material and matter.

scholarly journals The Mathematical Model of Forecasting the Price Level in the Regional Market of Residential Real Estate

2019 ◽  
pp. 40-55
Author(s):  
Ekaterina Voronina ◽  
Olga Yarosh ◽  
Natalya Bereza ◽  
Marina Rossinskaya
Keyword(s):  
Mathematical Model ◽  
Real Estate ◽  
Real Estate Market ◽  
Residential Real Estate ◽  
The Real ◽  
The Real Estate ◽  
Goods And Services ◽  
Regional Market ◽  
The Real Estate Market ◽  
Intelligent Data Processing

The purpose of this article is to develop a mathematical model for estimating the value of a real estate object, taking into account the trends in the residential real estate market using indicators of the object’s state and indicators of the real estate market. The real estate market is a complex mechanism that includes subjects, objects, processes and infrastructure. The real estate market has its own characteristics that distinguish it from the market of goods and services related to the duality of real estate, its special characteristics. Despite the high conservatism, there are certain innovative trends in the development of the residential real estate market (innovations in construction, architecture, services and marketing, logistics, customer focus). The article considers the residential real estate market as a complex socio-technical system, to predict the development of which it is advisable to use a combination of classical forecasting methods and soft computing or intelligent data processing methods. A forecast of the development of the residential real estate services market was made using foresight technologies (industry roadmap). The analysis was carried out and the main factors acting on the market were identified, and their influence on the development of market trends was determined. A mathematical model for predicting the value of residential real estate based on the theory of fuzzy sets has been developed.

scholarly journals Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

2021 ◽  
Vol 12 (3) ◽  
pp. 224-238
Author(s):  
Nikola Pacalajová ◽  
Martin Kubinec
Keyword(s):  
Czech Republic ◽  
Real Estate ◽  
Slovak Republic ◽  
Case Law ◽  
Legal Regulation ◽  
Judicial Activism ◽  
Public Records ◽  
The Czech Republic ◽  
The Real Estate ◽  
The Right

Abstract Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

scholarly journals Extrinsic Factors which Influence the Buying Preferences of Residential Real Estate Customers

2019 ◽  
Vol 8 (S1) ◽  
pp. 64-66
Author(s):  
P. T. Rekha
Keyword(s):  
Real Estate ◽  
Waste Disposal ◽  
Purchase Decision ◽  
Residential Real Estate ◽  
Extrinsic Factors ◽  
Purchasing Decision ◽  
The Real ◽  
The Real Estate ◽  
Factors Influencing ◽  
Survey Questionnaires

A major effort on the part of Real estate firms is to increase and retain their customers and it is very essential that to know the factors influencing customers’ satisfaction and retention. This study is done with the purposes of identifying the extrinsic factors that affect the purchasing decision of the real estate customers of villas and apartments. This study uses survey questionnaires to obtain information from real estate consumers. The study was conducted in Thrissur district. The study found that the most influencing one in extrinsic factors which affect the purchase decision of real estate consumers is the availability of the facility of waste disposal. The study also discuss the opinion of real estate consumers about the changes needed in the structure of flats and villas in the light of natural calamities occurred in Kerala.

scholarly journals Teoretyczne i praktyczne aspekty wyceny prawa użytkowania wieczystego gruntu

2018 ◽  
Vol 18(33) (4) ◽  
pp. 323-332
Author(s):  
Elwira Laskowska ◽  
Anna Twardowska
Keyword(s):  
Real Estate ◽  
The Real ◽  
The Real Estate ◽  
The Right

The main purpose of this study is the comparison of the rules in order to specify the appraisal of the land according to the aim of the appraisal connected with the perpetual usufruct. Another purpose is to indicate main problems related to the appraisal of this right. The area of the study covers the rules and the problems of the appraisal of this law for the following aims: establishment of the perpetual usufruct, update the charges for the perpetual usufruct, the transformation the perpetual usufruct into ownership and the secondary sale. The analysis of the source literature and the regulations were applied and the survey was conducted among the persons who are authorized to appraise the real estate in order to achieve the purpose of the study. The obtained results confirm the imperfection of the provisions regulating the appraisal principles related to the right of perpetual usufruct. This results in a different level of value depending on the purpose of the estimation. Also in the property appraisers opinion, the appraisal connected with the perpetual usufruct poses difficulties.

scholarly journals LEGAL ASPECTS OF LAND FORMATION UNDER REAL ESTATE OBJECTS

2021 ◽  
Vol 1 (161) ◽  
pp. 129-133
Author(s):  
S. Nesterenko ◽  
Y. Radzinska ◽  
V. Frolov ◽  
P. Firsov
Keyword(s):  
Real Estate ◽  
Mutual Influence ◽  
Residential Building ◽  
Regulatory Requirements ◽  
The Real ◽  
The Real Estate ◽  
Land Plot ◽  
State Registration ◽  
The Right ◽  
Ownership Of Land

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.

Analysis of the Internet Impact on the Real Estate Industry

2013 ◽  
Vol 4 (3) ◽  
pp. 51-67
Author(s):  
Emna Cherif
Keyword(s):  
Real Estate ◽  
The Internet ◽  
Real Estate Industry ◽  
Residential Real Estate ◽  
The Real ◽  
The Real Estate ◽  
Information Intermediaries ◽  
Science Area ◽  
Language Modelling ◽  
Different Levels

Real estate is an information intensive industry where realtors/agents represent information intermediaries between buyers and sellers. This paper analyzes the evolution that the Internet brings to the real estate transactions at different levels. The authors discuss the stages of both traditional and internet based residential real estate transaction. The authors perform UML language modelling and analysis of the transactions in the real estate industry for both traditional and using Internet. The authors also compare their models to the frameworks in the service science area. Then the authors discuss how transactions costs may be reduced and provide competitive advantage for new services.

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