On the legitimacy of restoring the institution of an annuity right in rem on real estate

2021 ◽  
Vol III (III) ◽  
pp. 7-32
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
The Other ◽  
Legal Institution ◽  
Real Property ◽  
The Real ◽  
Legal Nature ◽  
Basic Solutions ◽  
Polish Law ◽  
The One

The article presents the basic solutions to be applied in the so-called annuity real rights. These are limited real rights (iura in rem), which permit obtaining certain revenues from real property on a regular basis. Their essential purpose is to secure specified periodical benefits, primarily those of a pecuniary nature. These rights show some similarities, on the one hand, to pledge-type rights (especially mortgage) and, on the other hand, to easements. Currently, no annuity real charges of any kind have been regulated under the Polish civil law (since the entry of the Civil Code into force in 1965), as they were perceived, albeit incorrectly, as a reminiscence of the epoch of feudalism. However, they are still popular in other European civil law legislations, for example in the German, Swiss, Austrian, Spanish, Czech, Estonian, Slovenian or Croatian laws. The prototype for this category of rights is the real burden (German: Reallast). This paper presents various solutions for the latter institution as well as related institutions, such as the Swiss “annuity letter” (German: Gült, French: lettre de rente) and the German annuity land charge (German: Rentengrundschuld). Different concepts for the legal nature of the annuity rights have been presented, in particular the German real burden, which formed the basis for proposals of solutions in the work of the Polish Civil Law Codification Committee at the beginning of the 21st century. The potential usefulness of the real burden rights indicated in this article confirms the legitimacy of introducing this type of legal institution into the Polish law.

scholarly journals Compensation for assets without a market in the remedial acquisition pursuant to art. 42-bis of Presidential Decree 327/2001 [Stima dell’indennizzo per beni senza mercato nell’acquisizione sanante ex art. 42-bis del DPR 327/2001]

2020 ◽  
Vol 26 ◽  
pp. 51-57
Author(s):  
Benedetto Manganelli
Keyword(s):  
Real Estate ◽  
Estimation Problem ◽  
The Other ◽  
The Real ◽  
The Real Estate ◽  
Real Estate Appraisal ◽  
Presidential Decree ◽  
The One

The estimated compensation provided for damage to property deriving from the remedial acquisition pursuant to art. 42-bis of the Consolidated Law on Expropriations (Presidential Decree 327/2001), raises some questions both of a general and an applicative nature. This study, on the one hand, defines the contours of the estimation problem so as to frame it within the principles and postulates of the doctrine, and on the other, it pro-vides the operational indications that are necessary to face the practical determination of the compensation.The two are obviously closely connected. The discussion and the conclusions provide food for thought on issues involving the real estate appraisal and the legislation on expropriation.

scholarly journals Problems of the definition and characteristics of the contractual basis for the limitation and encumbrance of ownership of real estate in Ukraine

2021 ◽  
pp. 341-348
Author(s):  
Inna Sevryukova
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Real Property ◽  
Legal Literature ◽  
Legal Nature ◽  
Characteristic Features ◽  
State Registration ◽  
The Right

Introduction. The legal description of the contractual grounds for restrictions and encumbrances on the right of ownership of real estate can be provided only after a comprehensive study of the common features of the contractual structures, which establish the relevant rights and obligations of the parties. The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. It should also be emphasized that each subjective right has its limits of exercise, including the subjective right of ownership, as well as other real property rights. Of course, the nature of such restrictions must be different and depend on the content and nature of the restricted right, its object and the grounds for the restrictions. That is, restrictions on property rights and other property rights cannot be the same. Restrictions on property rights are established in the interests of society and arise by law, as well as in the interests of individuals (on the basis of law, contract, court decision), and restrictions on other property rights are primarily due to protection of the property from which they originate and the legitimate interests of the owner. In our opinion, the category of real contracts should include those types of contracts relating to real estate, including contracts of encumbrance of property rights on the basis of which the rights subject to state registration arise. Purpose and objectives of the study The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. Therefore, we can argue for the existence of a certain generalizing type of contract, the features of which are inherent in all its subspecies, in particular, contracts for the establishment of easements, superficies, emphyteusis, mortgage agreement. Such an agreement in the legal literature is called by some authors as a real contract. However, issues concerning its legal nature, place in the system of civil law contracts remain debatable. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of problematic issues of contractual grounds for the emergence of restrictions and encumbrances of property rights to real estate. It should be emphasized that these issues are controversial due to the lack of clear legislative regulation, which leads to imperfect legal regulation and violations of the rights of participants in property turnover. Research conclusions. As a result of the study, the idea is given that in the current legislation of Ukraine due to the lack of a clear concept of the relationship between the category of "encumbrance" and "restriction" of property rights, as well as the uncertainty of property rights, some questions remain about the classification of certain rights accordingly, about the types of material contract, this issue is debatable and needs further study. It is possible to make about polystructurality of the real contract that causes division of this type of the civil law contract into kinds and subspecies. In our opinion, such a division depends on the legal nature and scope of the relevant types of restrictions and encumbrances on the right of ownership of real estate, which are proposed by current civil law.

THE CONCEPT AND LEGAL ESSENCE OF THE CONTRACT FOR THE PROVISION OF LEGAL SERVICES: THEORETICAL AND LEGAL, LEGISLATIVE AND LAW ENFORCEMENT ASPECTS

2018 ◽  
pp. 38-47
Author(s):  
Anna Nikolayevna Klimova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
The Other ◽  
Legal Services ◽  
Effective Mechanism ◽  
Legal Nature ◽  
Civil Science ◽  
Basic Approaches ◽  
The One ◽  
The Relationship

The relevance of the topic is due to the relevance of the contract on the provision of legal services in the modern civil turnover, on the one hand, and the lack of common approaches to understanding the legal essence of the said contract in the doctrine of civil law – on the other. The study deals with the problem of defining the concept of a contract for the provision of legal services. Analyzed number of definitions proposed by modern representatives of civil science. It is concluded that the legal nature of the contract for the provision of legal services is ambiguous. It considers the basic approaches to its understanding and qualifications as the agreement of chargeable rendering of services agency contract, mixed contract, etc. In a particular situation, the choice of contractual design, as a rule, is due to a set of services, actual and legal actions, dictated by the goal that the parties to the relationship seek to achieve. The versatile design of the agreement of paid rendering of services and the effective mechanism of protection of the rights of the applicant, as the weaknesses of the commitments were the main reasons are the most widespread of the agreement in practice. However, it is concluded that the restriction of contractual forms of legal services only by the specified design is unacceptable, since it can lead to a wrong understanding of the legal nature of the relations in question and difficulties in practice associated with the conclusion and execution of contracts.

scholarly journals Some Aspects of Local Real Estate Taxes as an Instrument of Land Use Management

2016 ◽  
Vol 24 (3) ◽  
pp. 93-105
Author(s):  
Sabina Źróbek ◽  
Siarhei Manzhynski ◽  
Elżbieta Zysk ◽  
Yauheni Rassokha
Keyword(s):  
Real Estate ◽  
Local Governments ◽  
The Other ◽  
Real Property ◽  
Estate Taxes ◽  
Real Estate Tax ◽  
Local Budget ◽  
And Performance ◽  
The One ◽  
Effective Development

Abstract Economic and financial instruments are a very important group of tools for supporting local entrepreneurship. The broadest group among them are local taxes. Real estate taxes are considered by local governments, on the one hand, as a tool for promoting the effective development of real estate, and on the other, as a reliable source of income to the local budget. The functioning of every tax system can be analyzed by applying different criteria. The most typically evaluated criteria are: economic efficiency, equity, transparency, collectability and revenue production. These criteria are often in conflict with one another, one of the reasons for this fact being, according to the research conducted by the authors of this paper, the base of taxation. It is generally believed that the value of real property is a much more reliable tax basis than its size. It was our intention to verify this opinion. Having reviewed the available literature and thoroughly analyzed the Polish and Belarussian real estate tax systems, we concluded that the first of the two systems has no definite advantages over the other. For example, the ad valorem tax better stimulates intensive use of land, but, on the other hand, may negatively affect its sustainable development. The main reason for this fact is the specificity of real estate as the object of taxation. The object of taxation exists regardless of its economic state and performance, thus taxes have to be paid whether or not there is any income or profit. Given the nature and possible functions of real estate and the priorities of local authorities, the concept of just taxation is also socially relative.

Legal Nature of Lawsuit Challenging Registered Title to Real Property

10.12737/3464 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 76-83
Author(s):  
Тихон Подшивалов ◽  
Tikhon Podshivalov
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
Real Property ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Subject ◽  
Court Proceedings ◽  
Retained Ownership

This article analyzes the legal nature of the action contesting the registered rights to real estate. This requirement is often stated in the court proceedings, but hasn’t unique classification. Author on the base of civil law and judicial practice doctrine consideration comes to the conclusion that to contest the registered rights to real estate it’s necessary to apply consequences of the invalidity of legal transaction in the form of return of real estate unit, and if the application of restitution is not possible, take an replevin action (if the plaintiff does not know the subject of the dispute ) or an action for recognition of ownership (if the plaintiff has retained ownership of the subject of dispute).

Hidden “holes” in the capital of banks and the supply of credit to the real sector of economy

2018 ◽  
pp. 49-68 ◽  
Author(s):  
M. E. Mamonov
Keyword(s):  
Credit Risk ◽  
The Other ◽  
Real Sector ◽  
Capital Management ◽  
Loan Loss ◽  
Short Term ◽  
The Real ◽  
Ex Post ◽  
The One

Our analysis documents that the existence of hidden “holes” in the capital of not yet failed banks - while creating intertemporal pressure on the actual level of capital - leads to changing of maturity of loans supplied rather than to contracting of their volume. Long-term loans decrease, whereas short-term loans rise - and, what is most remarkably, by approximately the same amounts. Standardly, the higher the maturity of loans the higher the credit risk and, thus, the more loan loss reserves (LLP) banks are forced to create, increasing the pressure on capital. Banks that already hide “holes” in the capital, but have not yet faced with license withdrawal, must possess strong incentives to shorten the maturity of supplied loans. On the one hand, it raises the turnovers of LLP and facilitates the flexibility of capital management; on the other hand, it allows increasing the speed of shifting of attracted deposits to loans to related parties in domestic or foreign jurisdictions. This enlarges the potential size of ex post revealed “hole” in the capital and, therefore, allows us to assume that not every loan might be viewed as a good for the economy: excessive short-term and insufficient long-term loans can produce the source for future losses.

On indirect Methods of acquiring Knowledge - The Method of History. - The First Table of Mortality

1851 ◽  
Vol 1 (1) ◽  
pp. 40-46
Author(s):  
Edwin James Farren
Keyword(s):  
Real Line ◽  
English Language ◽  
The Other ◽  
Adult Student ◽  
Indirect Methods ◽  
The Real ◽  
Straight Line ◽  
Point To Point ◽  
The One

The term scholar, as current in the English language, has two extreme acceptations, tyro and proficient; or what the later Greeks fancifully termed the alpha and omega of acquirement. If we attempt to trace the steps by which even the adult student of any especial branch of professional or literary knowledge has fairly passed the boundary defined by the one meaning in passing on to that position denoted by the other, it will commonly be found, that in place of that lucid order, that straight line from point to point, which theory and resolve generally premise, the real order of acquirement has been desultory—the real line of progression, circuitous and uncertain.

scholarly journals The “Establishment”, the “Élites”, and the “People”

2017 ◽  
Vol 16 (4) ◽  
pp. 551-565 ◽  
Author(s):  
Ruth Wodak
Keyword(s):  
The Other ◽  
Right Wing ◽  
The Real ◽  
The People ◽  
Politics Of Fear ◽  
The One ◽  
Disenchantment With Politics

Abstract In this paper, I discuss the attempt by all right-wing populist parties to create, on the one hand, the ‘real’ and ‘true’ people; and on the other, the ‘élites’ or ‘the establishment’ who are excluded from the true demos. Such divisions, as will be elaborated in detail, have emerged in many societies over centuries and decades. A brief example of the arbitrary construction of opposing groups illustrates the intricacies of such populist reasoning. Furthermore, I pose the question why such divisions resonate so well in many countries? I argue that – apart from a politics of fear (Wodak 2015) – much resentment is evoked which could be viewed as both accompanying as well as a reaction to the disenchantment with politics and the growing inequalities in globalized capitalist societies.

scholarly journals MEMBANGUN SEMANGAT KERASULAN REMAJA KATOLIK DALAM KONTEKS MASYARAKAT PLURALIS DI INDONESIA

2017 ◽  
Vol 17 (9) ◽  
pp. 3-14
Author(s):  
Agustinus Supriyadi
Keyword(s):  
Logical Consequence ◽  
Cross Cultural ◽  
The Other ◽  
Real Form ◽  
Pluralistic Society ◽  
The Real ◽  
Self Discovery ◽  
The One ◽  
The Church

Catholic teens Indonesia is part of the Church in Indonesia and the Indonesian people. Indonesia consists of thousands of islands that stretched from Sabang to Merauke. This fact opens the possibility of a fairly wide occurrence of the encounter between cultures and simultaneous cross-cultural. This diversity is certainly a logical consequence to an enrichment of civilizations and diversity (plurality), although also contains elements of the loss. Plurality of Indonesian society on the one hand can make the Catholic teens swept away in the swift currents of the community to lose our identity or conflict. However Plurality can also awaken in the Catholic teen award nature between one race to the other races, between ethnic or tribal one with the other tribes, between groups with one another. In a pluralistic society such as this, the Catholic teens called to the apostolate. Through the act of self-discovery, live in love and have a sense of tolerance of differences is the real form of the apostolate.

scholarly journals HUNTING RIGHTS IN POLAND

2018 ◽  
Vol 32 (1) ◽  
pp. 63-81
Author(s):  
Witold Daniłowicz
Keyword(s):  
Detailed Analysis ◽  
Legal Issues ◽  
Legal Institution ◽  
Legal Nature ◽  
The Subject ◽  
Polish Law

Although hunting rights constitute the key element of Polish hunting law, so far they have not been subject to detailed analysis in legal writings devoted to the subject. This is most likely due to the fact, that the term itself is not used in the hunting legislation. The article fills this gap. It analyzes the legal nature of hunting rights under Polish law as well as examines legal issues most closely related to this legal institution, namely hunting preserve and hunting lease. Also analyzed is the ownership of game at large, game carcass, hunting trophies and shed antlers.

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