scholarly journals CIVIL LIABILITY OF REAL ESTATE NOTARY IN JORDANIAN LEGISLATIONS: A COMPARATIVES STUDY: المسؤولية المدنية للموثق العقاري في التشريع الأردني: دراسة مقارنة

2021 ◽  
Vol 5 (18) ◽  
pp. 203-177
Author(s):  
Thamer Aref Jameel, Mohammed Hatem Al-byat Thamer Aref Jameel, Mohammed Hatem Al-byat
Keyword(s):  
Real Estate ◽  
Civil Liability ◽  
The State ◽  
Direct Result ◽  
Economic Openness ◽  
The Real ◽  
The Real Estate ◽  
The Law ◽  
The Right

  The notary has enjoyed a privileged position in the legal system, and the work of the notary is considered a form of achieving justice, as this profession has an impact on society, as it is considered one of the most dangerous professions because the nature of the documentary’s work is based on establishing the rights of individuals in an official form such as the transfer of ownership, and given the importance of the documentary in The law has assigned the legislator a special protection for it and in return impose a penalty for everyone who prejudices the sanctity of the contracts notarized and concluded by the real estate notary, as the authority of the notary is considered the authority of the law, as the notary is authorized by the state and has rights and obligations regulated by law. Documentation has also become one of the basic factors in the lives of individuals and their relationships in society, as it has become a tool in the hands of the state to follow up and supervise legal work, and with the development of the notary’s work with social and economic openness, there has become a great demand for documentation by individuals in order to ensure their rights and obligations. It is considered a legal guarantee of individual rights (Makhlouf, 2015, p. 81). We conclude from this study that the notary is responsible for his professional mistakes towards his client, and for this reason the aggrieved (client) has the right to refer to the notary or the authority to which the notary is affiliated in his work based on the provisions of the responsibility of the follower for the fault of the follower, and the aggrieved party has the right to sue them together, as the aim of these The study is a statement of the civil liability that falls on the real estate notary and a statement of the duties and rights that he owes. As for the lawsuit for compensation for the damage that the client suffered against the notary, the law did not distinguish it with special provisions in terms of its prescription period, but rather subjected it to general provisions in the civil law, In order for the civil notary to be responsible, the general elements of any liability must be met, which are three pillars: First, the documentary error, whether intentional or not, and it occurred before the writing of the notary, or during its writing, or after the writing of that contract, and the criterion by which this error is measured is the behavior of the notary Average in terms of adequacy, and that the damage is realized and is a direct result of that error.

The problems of bringing to justice those responsible for the errors and mistakes in the state real estate cadastre

10.12737/8985 ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 134-147
Author(s):  
Галина Землякова ◽  
Galina Zemlyakova
Keyword(s):  
Real Estate ◽  
Criminal Liability ◽  
Civil Liability ◽  
The State ◽  
The Real ◽  
The Real Estate

This article analyzes practice of application of measures of administrative and criminal liability to the cadastral engineers and officials of body of the cadastral account for mistakes in data on the land plots containing in the State cadastre of the real estate, and also norms of current legislation regulating features of application of civil liability to the federal budgetary institution which is carrying out functions of body of the cadastral account.

RUSSIAN REAL ESTATE MARKET STATE AND PROSPECTS

2021 ◽  
Vol 3 (5) ◽  
pp. 23-27
Author(s):  
V. A. ERONIN ◽  
◽  
O. E. EMELYANOV ◽  
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
The State ◽  
The Real ◽  
The Real Estate ◽  
The Real Estate Market ◽  
Market State

The article considers the state, main problems and prospects of development of the real estate market in Russia in modern conditions.

scholarly journals A atuação do Montepio na produção estatal de habitação em João Pessoa de 1932 a 1963

2009 ◽  
Vol 11 (2) ◽  
pp. 95
Author(s):  
Angela Araujo Nunes
Keyword(s):  
Real Estate ◽  
The State ◽  
Housing Production ◽  
The Real ◽  
The Real Estate ◽  
The Public ◽  
Official Record ◽  
The City

Este trabalho objetiva o exame da atuação da Carteira Imobiliária do Montepio do Estado da Paraíba na produção estatal de habitação na cidade de João Pessoa, de 1932 a 1963, período entre a designação da instituição para a produção de moradias em benefício do funcionalismo público até sua última realização antes da criação do BNH. Através de exaustiva pesquisa documental, realizada em acervos locais, e tendo como principal fonte o jornal A União, registro oficial das realizações do Executivo estadual, foram recolhidos dados sobre as realizações habitacionais do instituto, possibilitando a identificação das suas vilas e conjuntos populares e, posteriormente, a classificação das unidades construídas e a reconstituição da planta e fachada originais. Palavras-chave: Montepio; João Pessoa; carteira imobiliária; habitação popular. Abstract: This work analyzes the constructive actuations of the real estate portfolio of Montepio Paraíba State in the statal housing production in the city of João Pessoa, from 1932 to 1963, established between the institutional designation for the production of housing in benefit of the public functionalism and its last popular realization before the work of BNH. Through exhausting documental research, done in local collections and especially through the newspaper A União, official record of the realizations of the state executive, data was found regarding the realizations of the housings by the institution, identifying the cities and popular aggregation and later on classifying the built unities and the reconstitution of thehouse plans and the front elevation. Keywords: Montepio; João Pessoa; real estate portfolio; popular housing.

scholarly journals Civil Engineering Inspection for Real Estate Evaluation with the Use of Artificial Learning Algorithms and Fuzzy Logic

2020 ◽  
Vol 43 (338) ◽  
pp. 75-82
Author(s):  
Vladimir Surgelas ◽  
Irina Arhipova ◽  
Vivita Pukite
Keyword(s):  
Artificial Intelligence ◽  
Fuzzy Logic ◽  
Real Estate ◽  
Civil Engineering ◽  
Market Value ◽  
The State ◽  
The Real ◽  
The Real Estate ◽  
Technical Inspection ◽  
Physical Conditions

AbstractThe technical inspection of a building carried out by an expert in civil engineering can identify and classify the physical conditions of the real estate; this generates relevant information for the protection and safety of users. Given the real conditions of the property, and for the real estate valuation universe, using artificial intelligence and fuzzy logic, it is possible to obtain the market price associated with the physical conditions of the building. The objective of this experiment is to develop a property evaluation model using a civil engineering inspection form associated with artificial intelligence, and fuzzy logic, and also compare with market value to verify the applicability of this inspection form. Therefore, the methodology used is based on technical inspection of civil engineering regarding the state of conservation of properties according to the model used in Portugal and adapted to the reality of Latvia. Artificial intelligence is applied after obtaining data from that report. From this, association rules are obtained, which are used in the diffuse logic to obtain the price of the apartment per square meter, and for comparison with the market value. For this purpose, 48 samples of residential apartments located in the city of Jelgava in Latvia are used, with an inspection carried out from October to December 2019. The main result is the 9% error metric, which demonstrates the possibility of applying the method proposed in this experiment. Thus, for each apartment sample consulted, it resulted in the state of conservation and a market value associated.

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 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.

scholarly journals IT Requirements in The Real Estate Sector

2019 ◽  
Vol 9 (1) ◽  
pp. 298-308
Keyword(s):  
Real Estate ◽  
Data Protection ◽  
Data Security ◽  
Real Estate Market ◽  
The State ◽  
The Real ◽  
The Real Estate ◽  
Private Households ◽  
Real Estate Sector

Digitalization has reached the German real estate market. IT requirements have to be defined and followed. The state, companies and private households must implement appropriate requirements and take measures to jointly guarantee data protection and data security to be armed against cybercrime, and thus promote digitalization. Suitable measures will be examined here. IT facilitates many things but is also an instrument that can be abused also exploited, as it is operated by people. To be able to implement constant and secure overall solutions and concepts, this paper examines individual aspects in more detail and provides appropriate recommendations

scholarly journals A RESPONSABILIDADE CIVIL DO REGISTRADOR NO REGISTRO ELETRÔNICOTHE CIVIL LIABILITY OF THE REAL ESTATE REGISTER IN THE ELECTRONIC REGISTRY

2020 ◽  
Vol 11 (25) ◽  
Author(s):  
Luciane Oliveira Gemnizack ◽  
Juliane Altmann Berwig
Keyword(s):  
Real Estate ◽  
Civil Liability ◽  
The Real ◽  
The Real Estate ◽  
De Se ◽  
Real Estate Register

Para acompanhar o avanço da tecnologia e as novas demandas da sociedade, foi instituído o registro eletrônico de imóveis. Com ele, os serviços prestados pelo registro de imóveis serão realizados de forma mais ágil e eficaz, pois diminuirá custos e burocracias para aquisição de documentos e informações, além do controle dos serviços, que serão realizados, inteiramente de maneira eletrônica. No entanto, em virtude desse avanço tecnológico, algumas preocupações recaem sobre os registradores. Dentre elas está a preservação da segurança jurídica e a consequente responsabilidade civil, que mesmo constando expressamente em lei suas diretrizes, ainda pairam inúmeras discussões. Objetiva-se explanar sobre a responsabilidade civil que recai sobre o Oficial, considerando que inexiste norma regulamentadora específica com relação ao registro eletrônico. A metodologia utilizada foi a pesquisa exploratória e descritiva, além dos métodos histórico e dedutivo. Como resultado preliminar, pode-se apontar que, alguns doutrinadores entendem que o registro eletrônico acarretará certa insegurança aos atos praticados, uma vez que os dados estarão circulando na rede. Porém, a maioria acredita que cabe a eles, a função de se adequar às exigências legais, ressaltando a importância e valorizando os inúmeros benefícios que o registro eletrônico proporcionará a todos.

scholarly journals Intended Use of Real Estate as a Time Changeable Attribute for Determining Compensation for Nationalized and Expropriated Lands

2015 ◽  
Vol 22 (4) ◽  
pp. 35-50 ◽  
Author(s):  
Tomasz Adamczyk ◽  
Agnieszka Bieda
Keyword(s):  
Real Estate ◽  
Free Market ◽  
Real Estate Market ◽  
The State ◽  
Past Century ◽  
Economic Changes ◽  
The Real ◽  
The Real Estate ◽  
State Archives ◽  
Intended Use

Abstract Constitutional transformation in Poland, which took place at the turn of the eighties and nineties of the past century, was directed, among others, at creating a civil society and a free market. Changes in people’s mentality quickly brought about economic changes based on the concept of private ownership. Yet one should remember that in the period preceding this time, personal assets were significantly limited. Many people’s assets were repossessed by the state in nationalization or expropriation processes. Present regulations permit getting these assets back. This is possible in cases when the repossessed real estate was misused with the purpose of expropriation, or it became needless. Real estate is also reacquired via invalidation of administrative decisions or provisions of law. Real estate owners and their legal successors can apply to get back real estate. It is possible to get compensation for assets which cannot be taken back in actuality, which should correspond with the actual value of the lost rights. The level of compensation should be determined on the basis of real estate market value. This value is determined for the day the decision to determine compensation is issued, taking into account the state and purpose of the real estate on the day the document approving the repossession of the real estate was prepared. The authors present changes in law provisions connected with spatial planning in Poland from the year 1946, when the first decree connected with this topic entered into force, to this day. They describe documents kept in state archives which should be used by valuers. They also show, on the basis of examples, how important the correct determination of the intended use of real estate is, taking into account documents that have been created over the years.

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