scholarly journals O EXERCÍCIO DA POSSE DA PROPRIEDADE PRIVADA IMOBILIÁRIA E A NATUREZA

2021 ◽  
pp. 203-220
Author(s):  
Carlos Cini Marchionatti ◽  
Francine Cansi ◽  
Paulo Márcio Cruz
Keyword(s):  
Real Estate ◽  
Private Property ◽  
Social Role ◽  
Scientific Paper ◽  
Code Civil

O instituto jurídico da Propriedade Privada Imobiliária  exerce-se segundo a sua função social. A investigação que justifica este trabalho científico corresponde à indagação: é bastante o exercício da propriedade segundo a sua função social? Mais do que atender à função social, a Propriedade Privada Imobiliária deve atender às exigências necessárias à preservação da vida. Corresponde ao exercício da posse da Propriedade Privada Imobiliária segundo a qual se evitem tragédias e se justifica o acréscimo de parágrafo ao artigo 1.228 do Código Civil. A metodologia do trabalho observa a base lógica dedutiva na pesquisa e no conteúdo escrito. Palavras-Chave: Propriedade Privada Imobiliária. Função Social. Meio Ambiente. Preservação da vida.   Abstract: The legal institute of Real Estate Private Property is understood according to its social role. The investigation which leads to the purpose of this scientific paper is: is the exercise of the property according to its social role enough to justify it? More than attending to its social role, the institute of Real Estate Private Property must observe the necessary demands related to life preservation. This corresponds the exercise of the tenure in order to avoid tragedies justifying the addition of a paragraphe to article 1.228 of the Code Civil. The methodology observes the logical deductive data in the research and in the context written. Keywords: Real Estate Private Property. Social role. Environmental. Life preservation.

Belgium

2019 ◽  
pp. 35-44
Author(s):  
Michael J. Bazyler ◽  
Kathryn Lee Boyd ◽  
Kristen L. Nelson ◽  
Rajika L. Shah
Keyword(s):  
Real Estate ◽  
Best Practices ◽  
Ad Hoc ◽  
Private Property ◽  
Nazi Germany ◽  
The Holocaust ◽  
Property Owners

Nazi Germany invaded Belgium in 1940 and occupied the country until 1944. More than 26,000 Jews were deported from Belgium during the Holocaust and less than 2,000 of them survived. Owing to unique aspects of Belgian law still in force during the occupation, less than 10 percent of Jewish real estate was sold by the German occupying power. Most private property that came under German administration was rented out and the proceeds put into blocked accounts for the benefit of the original property owners. After the war, there was no organized process for seeking payment of the rental account balances or for seeking restitution or compensation for real estate that had been sold by the German administration. In the late 1990s, the Belgian government’s Study Commission—established to examine the fate of Jewish property during the war—found it difficult to identify any remaining unrestituted immovable property because of the ad hoc manner of its return after the war. Notwithstanding this difficulty, an Indemnification Commission was established in 2001 to compensate individuals whose property (immovable and movable) had not been previously compensated/returned. Belgium endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010.

scholarly journals Sustainable Urban Renewal and Built Heritage Conservation in a Global Real Estate Revolution

2019 ◽  
Vol 11 (3) ◽  
pp. 850 ◽  
Author(s):  
Lawrence W.C. Lai ◽  
Frank T. Lorne
Keyword(s):  
Real Estate ◽  
Urban Renewal ◽  
Private Property ◽  
Urban Landscape ◽  
Coase Theorem ◽  
Heritage Conservation ◽  
Real Estate Development ◽  
Built Heritage ◽  
New Development ◽  
Built Heritage Conservation

Abstract: A global real estate revolution has been transforming the urban landscape everywhere. Development and redevelopment projects have mixed with, if not become an integral part of, real estate construction. At the same time, there is a drive to commodification in this revolution, as shown by a growing trend to conserve built heritage in new development projects characterised by the rise of museums. This paper reviews some examples of attempts in various parts of the world to combine real estate development and conservation and applies the fourth Coase theorem to explore how built heritage conservation and urban renewal in Hong Kong, hitherto problematic in terms of their invasion of private property, can become a win-win outcome in the context of this global real estate revolution.

Real Estate Administration - Notion, Forms and Legal Regime

2017 ◽  
Vol 21 ◽  
pp. 619-623
Author(s):  
Violeta Herea ◽  
Eduard Antohie
Keyword(s):  
Real Estate ◽  
Private Property ◽  
The Other ◽  
Legal Regime ◽  
The Real Estate ◽  
The Core ◽  
Public Property ◽  
Starting Point ◽  
University Level ◽  
Main Activity

The extent of this field, namely of real estate administration, due to the fact that private property holds the majority compared to public property after 1989, imposed the emergence of profile firms / companies in the field, but also the need to train specialists for this type of activity. Why the real estate administration? Perhaps this question should be the starting point for the reason why we advocate for this type of activity and thus for the training at university level, thus giving it the importance it deserves. The answer to this question is argued by: the capital invested is very small, solvent customers, regular revenues, chances of gains from good to very good, a multilateral activity due to the complexity of administration. On the other hand, this type of activity may be carried out in parallel with the main activity, namely the basic one of each of us. Therefore, many prospective real estate administrators begin to provide services in this area without sacrificing the core business, while performing these along with another activity for another institution. In analysing this issue we invoke the regulations in force which legislate the field which represents the purpose of our analysis. Also, we will present you the advantages of this kind of activity.

scholarly journals THE ESSENCE AND IMPLICATIONS OF INTEGRATED LOCAL DEVELOPMENT PLANNING

2020 ◽  
Vol 18 (2) ◽  
Author(s):  
Tihomir Radovanović ◽  
Zorka Grandov ◽  
Marko Filijović
Keyword(s):  
Social Role ◽  
Local Development ◽  
Developed Countries ◽  
Scientific Paper ◽  
Development Planning ◽  
Integrated System ◽  
Planning Theory ◽  
Development Theory ◽  
Partial System ◽  
Local Planning

Local development planning (i.e. development planning of municipalities and cities) in all countries has always played an important social role. For this reason, in the last couple of decades, this area is regulated by adequate national laws, which differ in many ways due to insufficiently developed scientifically based local development theory. According to this, in the presently constituted first vision of the theory, two local planning systems were identified. The first system with a long tradition is called a partial system since the state with its development interests is exclusively responsible for all local and overall social development in a certain country. The second, new system, is called an integrated system and in it, both state and the most influential social forces, which have fought hard for such a role, participate together as partners. The integrated system has numerous advantages when compared to the partial system of local planning and is therefore, especially in developed countries, the reason for switching from partial to integrated system. This scientific paper has been created to support this, especially because of the insufficiently developed local planning theory, with the goal to contribute to the development of the local integrated development systems and the projection of its general implications on the local government, its nation state as well as the international community. In this paper, adequate research methods, primarily integrated, were used and the obtained results imply that when using this system, positive fundamental social changes are caused, which, especially in the less developed countries, facilitate faster and more efficient catching up with the developed countries.

scholarly journals Features Of The Legal Regime Of National Parks Under The Legislation Of The Republic Of Poland

2019 ◽  
pp. 119-132
Author(s):  
N.R. Kobetska
Keyword(s):  
Nature Conservation ◽  
Real Estate ◽  
National Parks ◽  
National Park ◽  
Private Property ◽  
State Ownership ◽  
Private Land ◽  
Legal Regime ◽  
Problematic Issue ◽  
The Republic

The article presents an analysis of one of the oldest and most important forms of nature conservation - National Parks, and their regulation in the legislation of the Republic of Poland. The material is based on the systematic interpretation of the Law of the Republic of Poland «On Nature Conservation», the analysis of scientific literature and the identification of some problematic issues of implementation of the prescriptions of the legislation in practice. Much attention is paid to the theoretical characteristics of National Parks, their place among other forms of nature conservation in Poland, the functions they perform. The issues of creation of the National Park, the regime of management of its territory, organization and zoning of the National Park have been consistently revealed. It also analyzes the bans fixed within the National Park and ensures its protection against external adverse effects. Problematic issues are raised related to the removal of land and real estate from private owners, the achievement of a compromise between private economic interests and public environmental interests. A comparison of the basics of functioning of National Parks in Poland and Ukraine is also partly presented. The author focuses on the differences in the legal regime of national nature parks under the legislation of Ukraine and Poland. The Polish legislation does not distinguish as an independent recreational function and does not allocate separate recreational functions within the national park. At the same time, the organization of tourist routes and the provision of conditions for visiting the park is one of the tasks and a significant source of revenue for the national parks of Poland, and the number of visitors many times exceeds their number in the territories of the national parks of Ukraine. In the territory of the national parks of Poland (as in Ukraine) a combination of exclusive state ownership (in Ukraine - the property of the Ukrainian people) and private property is possible. At the same time, as in Ukraine, the most problematic issue is the acquisition of ownership of real estate (including private land) when creating or expanding the territory of national parks.

Real estate developers’ influence of land use legislation in the Toronto region: An institutionalist investigation of developers, land conflict and property law

Urban Studies ◽  
2017 ◽  
Vol 55 (14) ◽  
pp. 3059-3075 ◽  
Author(s):  
Donald Leffers
Keyword(s):  
Land Use ◽  
Real Estate ◽  
Land Use Planning ◽  
Private Property ◽  
Planning Theory ◽  
Property Law ◽  
Land Conflicts ◽  
Political Processes ◽  
Real Estate Developers

This paper investigates the role of real estate developers in shaping land use legislation, land use planning and property law. The conceptual framework draws on third-phase institutionalism and socio-legal theory to examine actors and ideas that influence knowledge and practices of land use, planning and property. This paper confronts absences in planning theory that overlook the role of real estate developers in disputes over land, especially their role in shaping the legislative framework governing land use. The argument is that property law is not simply an objective system of rules interpreted by lawyers, judges and the courts. Neither is it a singular concept protecting private property rights. Rather, it is a complex concept and institution that emerges in practice through political processes, such as social movements, the exercise of power and influence by elite actors, and strategic acts by political actors navigating diverse and competing agendas. The empirical evidence informing this argument derives from case study research of land conflicts on the Oak Ridges Moraine in the Toronto region, Canada, with particular attention given to the relationship between real estate developers, social movement actors, and politicians involved in resolving the conflict.

CORROBORATION OF REAL ESTATE IN THE LAND REGISTER

2019 ◽  
pp. 194
Author(s):  
Aija Livziniece
Keyword(s):  
Real Estate ◽  
Private Property ◽  
The State ◽  
The Real ◽  
The Real Estate ◽  
Real Estate Sector ◽  
State Administration ◽  
Ownership Protection ◽  
Land Register

The corroboration of real estate in the land register is one of the oldest and most developed legal sectors, since nearly every resident owns real estate. The real estate sector developed distinctly after the restoration of Latvian independence due to the fact that the private property was restored. Therefore, the State administration introduced the land register system which records real estate and strengthens the rights associated to it, creating a mechanism for ownership protection. People currently lack the understanding of ownership strengthening through the land register and the importance of recorded information, which is reflected on the land register public credibility principle.

Selling Paris: The Real Estate Market and Commercial Culture in the Fin-de-siècle Capital

2012 ◽  
Vol 13 (4) ◽  
pp. 773-789
Author(s):  
Alexia Yates
Keyword(s):  
Real Estate ◽  
Cultural History ◽  
Economic History ◽  
Private Property ◽  
Moral Economy ◽  
Real Estate Market ◽  
Small Scale ◽  
Economic Activities ◽  
Cultural Economic ◽  
History Of

“Selling Paris” explores the cultural, economic, and spatial parameters of private construction in the French capital at the turn of the twentieth century. In contrast to the state-centered accounts that currently characterize our understanding of Paris as a capital of modernity, this project looks to private property owners, real estate brokers, and speculative developers, as well as the moral economy in which their projects took place, in order to understand the elaboration of the built landscape of the modern metropolis. I argue that new classes of market intermediaries—namely estate agents, market-oriented architects, and small-scale joint-stock firms—emerged in this period to build and market residential spaces, establishing apartments and buildings as merchandise and tenants as clients. Focusing on the activities of these commercial actors reveals the existence of a French culture of commerce centered on speculation and risk-taking, a business culture that profoundly affected the production of residential space during of one of the city's greatest periods of expansion. Thus, in contradistinction to scholarly accounts of both French entrepreneurialism and Parisian urban development, this project reconstructs the activities of a dynamic capitalist class whose uncoordinated projects were the main authors of the capital city's urban fabric. Tracing the manner in which housing and property operated as a commercial object during a crucial period of urbanization, moving between and among the economic activities of investment, speculation, production, and consumption, this project seeks to present a research agenda for both the cultural history of markets and the economic history of cities.

scholarly journals Good and Bad Squatters? Challenging Hegemonic Narratives and Advancing Anti-Capitalist Views of Squatting in Western European Cities

2019 ◽  
Vol 11 (1) ◽  
pp. 165-189
Author(s):  
Miguel A. Martínez López
Keyword(s):  
Mass Media ◽  
Real Estate ◽  
Private Property ◽  
Social Groups ◽  
Homeless People ◽  
Criminal Offence ◽  
European Cities ◽  
The Social ◽  
Western European ◽  
Dominant Narratives

Mainstream mass media and politicians tend to portray squatters as civic evils. Breaking in and trespassing on private property is clumsily equated with the occupation of empty premises. Squatting is often represented as a serious criminal offence even before any legal verdict has been determined. The social diversity of squatters and the circumstances around this practice are usually omitted. Dominant narratives in Western European cities were effective in terms of criminalisation of squatting and the social groups that occupied vacant properties –homeless people in need of a shelter, those who cannot afford to buy or rent convenient venues for performing social activities, activists who squat as a means of protest against real estate speculation, etc. This article reviews the available evidence of those narratives and disentangles the main categories at play. I first examine homogenisation stereotypes of squatters as a whole. Next, I distinguish the divides created by the conventional polarisation between ‘good’ and ‘bad’ squatters. It is argued that both dynamics foster the stigma of squatting and facilitate its repression, although these discursive struggles engage squatters as well. As a consequence, I discuss the implications of ‘reversive’ and ‘subversive’ narratives performed by squatters to legitimise their practices and movements. In particular, the anti-capitalist features of these counter-hegemonic responses are identified and elaborated, which adds to the topic’s literature.

Memory, Imagination, and Resistance in Canada’s Prison for Women

2021 ◽  
pp. 120633122110665
Author(s):  
Lisa Guenther
Keyword(s):  
Real Estate ◽  
Common Sense ◽  
Private Property ◽  
Settler Colonialism ◽  
State Violence ◽  
Tourist Attraction ◽  
Federal Prison ◽  
Historic Building ◽  
Office Space ◽  
Heritage Building

A group of women who were incarcerated at Canada’s first federal Prison for Women (P4W) have been fighting to create a memorial garden since the prison closed in 2000. In 2017, the prison was sold to a private developer who plans to convert the historic building and grounds into condos, retail, and office space. What does it mean to remember the dead, and to fight for the living, at a time when neoliberal common sense demands the efficient conversion of a place of suffering and death into a “heritage building” on “prime real estate”? How might a collective practice of radical imagination help to resist the commodification of memory into a tourist attraction or an aesthetic improvement of private property? And what is the relation between memory, healing, and accountability in a place where state violence, gender domination, and settler colonialism intersect?

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