scholarly journals DIREITO REAL DE HABITAÇÃO: CONFLITO ENTRE O DIREITO REAL DE HABITAÇÃO E O DIREITO À HERANÇA, E A POSSÍVEL MITIGAÇÃO NO CASO CONCRETO POR MEIO DO JUÍZO DE PONDERAÇÃO

2021 ◽  
Vol 9 (205) ◽  
pp. 1-22
Author(s):  
Gabriela Duarte Pinto
Keyword(s):  
Civil Code ◽  
Fundamental Rights ◽  
Property Law ◽  
Real Property ◽  
The Real ◽  
Community Property ◽  
The Family ◽  
Property B ◽  
The Right ◽  
Status Of Women

The real property law is a legal institution of civil law, introduced in the Civil Code of 1916 by Status of Women Married - Law nº 4.121 / 1962, which required numerous requirements for its grant and maintenance, namely, (a) were married under the regime of community property; (b) during his lifetime; (c) and remained widow; (d) subject to the inheritance share, the property should be for the family residence and, finally, (e) were the only asset of this nature to inventory. With the advent of the Civil Code of 2002, however, it was extended to all property regime, removed the final term and with the Domestic Partnership Act, It was no longer needed that it was the only good of that nature to inventory. It was questioned the extent of its application in this case and the need for consideration to not fade the right to inheritance. Analyzed the rights involved, Right to inheritance, Property Rights, Right to living and the Real Property Law. It was concluded that the interpreter of the Law must, before the case, carry out the judgment of balancing the conflicting fundamental Rights so that there is maximum preservation of conflicting values, and hence the greatest achievement of constitutional values.

EVERYDAY PRACTICE OF MOTHERS IN A PROVINCIAL SOVIET CITY IN THE 1950–60S

2020 ◽  
pp. 42-51
Author(s):  
Irina V. Bogdashina
Keyword(s):  
Well Being ◽  
Reproductive Behaviour ◽  
Working Mother ◽  
Material Wealth ◽  
The Real ◽  
Raising Children ◽  
Diffi Cult ◽  
The Family ◽  
The Right

The article reveals the measures undertaken by the Soviet state during the “thaw” in the fi eld of reproductive behaviour, the protection of motherhood and childhood. Compilations, manuals and magazines intended for women were the most important regulators of behaviour, determining acceptable norms and rules. Materials from sources of personal origin and oral history make it possible to clearly demonstrate the real feelings of women. The study of women’s everyday and daily life in the aspect related to pregnancy planning, bearing and raising children will allow us to compare the real situation and the course of implementation of tasks in the fi eld of maternal and child health. The demographic surge in the conditions of the economy reviving after the war, the lack of preschool institutions, as well as the low material wealth of most families, forced women to adapt to the situation. In the conditions of combining the roles of mother, wife and female worker, women entrusted themselves with almost overwork, which affected the health and well-being of the family. The procedure for legalising abortion gave women not only the right to decide the issue of motherhood themselves, but also made open the already necessary, but harmful to health, habitual way of birth control. Maternal care in diffi cult material and housing conditions became the concern of women and the older generation, who helped young women to combine the role of a working mother, which the country’s leadership confi dently assigned to women.

Compulsory Portion in Hungary

2020 ◽  
pp. 345-365
Author(s):  
Lajos Vékás
Keyword(s):  
Civil Code ◽  
Property Law ◽  
European Law ◽  
Legal Systems ◽  
Deceased Person ◽  
The Family ◽  
Matrimonial Property Law ◽  
The Creation ◽  
The Law

Following the model of continental European law, Hungarian law introduced the compulsory portion in 1853, allowing in the closest blood-relatives to benefit from the estate of a deceased person against the testator’s wishes. In the course of the latest reform, the possible abolition (or at least limitation) of the compulsory portion was raised. However, at the time of the creation of the Civil Code of 2013 the legislator took the view that the compulsory portion had already taken root in the general legal awareness of the population and that its continuation could be justified. This view was strengthened by the fact that the majority of contemporary continental legal systems, in their quest for the protection of the family, tend to recognize a claim by the closest relatives to a compulsory portion. Traditionally in Hungarian law, the descendants and parents of the deceased were entitled to a compulsory portion in accordance with the order of intestate succession. Only since 1960 has the law also recognized the spouse as a person entitled to a compulsory portion. Previously the approach was that the spouse should be compensated through the rules of matrimonial property law and intestate succession. Since 2009 registered partners have been put in the same position as a spouse. Until 2014, the extent of the compulsory portion was one-half of the intestate share of the person entitled to a compulsory portion; today it is one-third.

Constitutional nature and content of the right to restitution of an expropriated property

2020 ◽  
Vol IV (IV) ◽  
pp. 20-34
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Public Investment ◽  
Property Management ◽  
Real Property ◽  
Expiry Date ◽  
The Real ◽  
The Public ◽  
Constitutional Principle ◽  
Public Purpose ◽  
The Moment ◽  
The Right

The Act of 4 April 2019 on amending the Act on Real Property Management added a provision temporarily limiting the possibility of demanding restitution of the expropriated property. On the basis of the new provision, the right of the previous owner or its legal successors to restitute the expropriated property has ceased to be of perpetual nature. This right may not be exercised, as it previously was the case, at any time, as it expires 20 years from the date on which the decision to expropriate became final. This solution should be assessed negatively, as it deepens the non-constitutional nature of the statutory mechanism of restitution of expropriated real property, which makes the demand for restitution dependent on whether the public objective has been assumed (i.e. started to be implemented). If this is the case, then, in the light of the Real Property Management Act of 1997, the restitution of real property can never be claimed, and therefore even if such an objective in the future ceases to be implemented (e.g. as a result of the end of the operation of the real property as part of a public investment). However, in the light of the constitutional arrangements relating to the guarantee of ownership, the right to restitution of the expropriated property should always be vested in the expropriated owner or his/her legal successors whenever the public objective justifying the expropriation has not arisen as well as when it ceased to be implemented. In any event, the condition for claiming restitution shall be a claim made by the person concerned and a return of an appropriate, indexed sum paid as compensation for expropriation. The constitutional principle of the protection of individual status of property of the owner results in the “conditionality” of the transfer of ownership by way of expropriation to the State or another entity. Any existence and implementation of an appropriate objective justifying the expropriation for a public purpose, grants of the ownership and its permanence on the part of these entities. As a consequence, also the possible expiry date of the claim for the restitution of the property, expropriated after the expiry of the public purpose, should run from the time of such expiry and not from the moment when the decision about expropriation became final.

scholarly journals LEGITYMACJA PROCESOWA UMOWNEGO ZARZĄDCY NIERUCHOMOŚCI

2016 ◽  
Vol 10 (1) ◽  
pp. 203
Author(s):  
Grzegorz Jędrejek
Keyword(s):  
Real Estate ◽  
Common Property ◽  
Civil Code ◽  
Third Parties ◽  
Property Law ◽  
The Real ◽  
The Real Estate ◽  
The Third

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.

5. Family Property and Domestic Violence

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Real Property ◽  
The Family ◽  
Questions And Answers ◽  
Family Home ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter focuses on family property and domestic violence, which may not appear to be related, but the right to occupy real property by virtue of a legal or beneficial interest affects the right to apply for an occupation order in domestic violence situations. In addition, occupation orders are used to resolve disputes relating to the right to occupy real property in situations where there is no domestic violence. The first two questions consider ownership of family property, with emphasis on the family home, whilst the last two questions concern protection from domestic violence and focus on non-molestation and occupation orders available under the Family Law Act 1996.

Right-of-way for Transmission Facilities as Regulation of Legal Relationships Regarding Real Estate between the Real Estate Owner and the Transmission Entity

2017 ◽  
Author(s):  
Anna Przewiezlikowska
Keyword(s):  
World War Ii ◽  
Real Estate ◽  
Legal Status ◽  
Real Property ◽  
The Real ◽  
The Real Estate ◽  
Right Of Way ◽  
Estate Owner ◽  
Construction Permit ◽  
The Right

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.

Notice of adjustment of the annual fee for perpetual usufruct of real property

2021 ◽  
Vol IV (IV) ◽  
pp. 49-76
Author(s):  
Krzysztof Kaszubowski
Keyword(s):  
Public Administration ◽  
Civil Code ◽  
Property Management ◽  
Real Property ◽  
The Real ◽  
Property Owner ◽  
Characteristic Features ◽  
Legal Consequences

The title to perpetual usufruct is regulated under Articles 232 to 243 of the Civil Code and in the Act of 21 August 1997 on Real Property Management. One of the characteristic features of this right is the obligation, on the part of the perpetual usufructuary, to pay an annual fee. The Act on Real Property Management prescribes that this fee may be updated by the competent public administration body acting on behalf of the real property owner. An analysis of provisions regulating the proceedings initiated by the filing of the notice of adjustment of the existing fee leads to the conclusion that the regulation in question is neither precise, nor clear. An additional difficulty lies in non-specification of legal consequences for a defective adjustment of the existing fee. This article puts forward a proposal for a solution to the most important practical difficulties associated with adjustment of the existing annual fee for perpetual usufruct.

Property Law

Japanese Law ◽  
2021 ◽  
pp. 176-191
Author(s):  
Hiroshi Oda
Keyword(s):  
Property Rights ◽  
Case Law ◽  
Civil Code ◽  
Public Welfare ◽  
Property Law ◽  
Real Property ◽  
Commercial Practice

The Constitution protects property rights, but they are not ‘sacrosanct’. Property rights can be restricted on the ground of public welfare. Real security rights are covered in this part. Although real property rights are to be created by statutes only, in reality, there have been cases where property rights were created by case law on the basis of commercial practice. The Civil Code lists ten kinds of real rights. In addition to ownership, there are four types of real rights which allow a person to use another’s property: superficies, emphyteusis, servitude, and commonage. There are four types of real security rights: rights of retention, preferential rights, pledge, and hypothec.

scholarly journals The New Real Property Registration Structure in China: Progress with Unanswered Questions

2016 ◽  
Vol 5 (1) ◽  
pp. 91-117
Author(s):  
Lu Xu
Keyword(s):  
Current System ◽  
Property Law ◽  
Significant Progress ◽  
Real Property ◽  
The Real ◽  
Property Registration

Since March 2015, China has been implementing a nationwide unified real property registration structure. This article explains the objectives and measures of this ambitious project against the background of the current system which is fraught with complexities, difficulties and local variations. The move represents significant progress in the regulation and administration of real property in line with the vision of streamlined registration explicitly provided for in statutes such as the Property Law of prc (2007). Nevertheless, within this undoubtedly positive reform, the currently unclear relationship between property law and property registration is left unattended. With reference to comparative materials from England, Scotland and Australia, this paper identifies some of the unanswered questions that would have serious implications on the integrity and reliability of the real property register as a whole, especially in the context of fraud and forgery.

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