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.

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.

Rethinking the tenant eviction process in Harare, Zimbabwe

2018 ◽  
Vol 36 (3) ◽  
pp. 252-277
Author(s):  
Tazviona Richman Gambe
Keyword(s):  
Qualitative Methodology ◽  
Rental Housing ◽  
Property Management ◽  
Property Market ◽  
Real Property ◽  
Content Type ◽  
The Real ◽  
Property Owners ◽  
Depth Interviews ◽  
Practical Implications

Purpose The purpose of this paper is to explore the lessee eviction process in Zimbabwe in order to suggest possible ways of improving this process that has become a rutted road characterised by a litany of hiccups. Design/methodology/approach The study is guided by the qualitative methodology. Data were mainly collected from property managers operating in the real property market in Harare using in-depth interviews. Analysis of data was done through content analysis. Findings It emerged from the study that the eviction process in Zimbabwe is fraught with impediments and expenses that are sometimes exasperating to property owners and investors. The current eviction regulations favour the lessees at the expense of lessors thus niggling lessees have aggravated the already protracted process by unnecessary appeals. Research limitations/implications The paper only focuses on residential property management and eviction of legal lessees due to non-payment of rentals. Practical implications The rent regulations should be reviewed in order to create a fair legal system that protects the rights of both the lessors and lessees in Zimbabwe. Originality/value The perpetual decline of the economy in Zimbabwe has crippled lessees’ ability to pay rentals. Yet, it has also become intricate to evict defaulting lessees thereby causing loss of income to rental housing investors. Thus, the paper challenges the protracted eviction processes in the real property industry that have prejudiced property owners and scared away potential rental housing investors that are greatly needed to boost the rental market.

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.

Fiduciary transfer of real property in consumer transactions

2021 ◽  
Vol I (I) ◽  
pp. 9-28
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Market Value ◽  
Civil Code ◽  
Official Journal ◽  
Legal Institution ◽  
Real Property ◽  
The Real ◽  
Business Operations ◽  
Natural Person ◽  
Property Transfer ◽  
Housing Needs

Article 3871 on property transfer as a form of collateral security was added to the Civil Code by virtue of the Act of 14 May 2020 Amending Certain Acts in Respect of Shield Measures in Connection with the Outbreak of the SARS-CoV-2 Virus (promulgated in the official journal “Dziennik Ustaw”, item 879). Under this provision, contracts on transfer of property as a collateral security, where the property in question is a real property used for the purpose of satisfying housing needs, which is transferred to secure claims under this or any other contract not directly related to business operations or pursuit of the profession by a natural person, are invalid. The sanction of invalidity provided for in Article 3871 of the Civil Code applies only to those contracts, where the value of the real property is higher than the value of financial claims secured by transfer of property plus the value of maximum interest for delay on this value for a period of 24 months, or if the value of financial claims secured by the real property has not been not determined. Only such a contract on transfer of property as a collateral security that was not preceded by an appraisal of the market value of the real property by an expert appraiser, is invalid. This solution is rightly criticised as unclear and excessively prescriptive. Furthermore, it may in practice give rise to numerous problems of interpretation. It fails to solve numerous problems associated with fiduciary transfer, including its general admissibility or its connection with the institution of a registered pledge. It is reasonable to consider, as de lege ferenda postulate, the introduction of a general prohibition of this type of fiduciary transfer or its normative regulation in the form of an independent legal institution. In the latter case, legal solutions aimed at protecting both the debtor and other persons, i.e. creditors, should be adopted, in particular with a view to eliminate the socalled “excessive collateralisation” that happens in practice.

COMPETENCE APPROACH IN EUROPEAN PUBLIC ADMINISTRATION: ESSENCE AND DEVELOPMENT TRENDS (ARCHETYPAL ASPECT)

2018 ◽  
Vol 1 (14) ◽  
pp. 132-143
Author(s):  
Martha Ivanivna Karpa
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Public Institutions ◽  
Public Authorities ◽  
European Public ◽  
Territorial Organization ◽  
Characteristic Features ◽  
State And Local ◽  
Main Components ◽  
Definition Of

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.

Regulatory Framework and the Procedure for Canceling and Declaring Illegal (Invalid) Administrative Enforcement Acts

2020 ◽  
Vol 8 ◽  
pp. 5-14
Author(s):  
S. V. Yarkovoy ◽  
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Regulatory Framework ◽  
Assessment Methods ◽  
Federal Legislation ◽  
Legal Assessment ◽  
General Rules ◽  
Legal Mechanism ◽  
Legal Consequences

The article analyzes the norms of the current federal legislation governing the procedure for non-judicial and judicial review (cancellation, recognition as illegal or invalid) of enforcement acts of executive authorities and other public administration bodies. The Author notes the absence of a unified legal mechanism for the mentioned types of revision and points out the need for its development and consolidation in the federal administrative-procedural legislation. In order to formulate unified general rules for revising administrative enforcement acts, the necessity of solving a number of crucial issues of the theory of illegality (invalidity) of such acts, in particular, their invalidity and viability, defining criteria for their legal assessment, methods and legal consequences of their cancellation, is substantiated and possible answers are offered to these questions.

Analysis of the principles of reference inventory today

2017 ◽  
Vol 924 (6) ◽  
pp. 43-48 ◽  
Author(s):  
V.N. Klyushnichenko
Keyword(s):  
Comparative Analysis ◽  
Real Estate ◽  
Developed Countries ◽  
Real Property ◽  
Property Owner ◽  
State Register ◽  
Information Object ◽  
Bona Fide ◽  
Source Of Information ◽  
Lost Object

A comparative analysis of the principles of the cadastre in the most developed countries and in Russia. It is shown that some of the principles of cadastre, it is advisable to introduce into the Russian legislation. Such principles include the principle of Renzenberger, as well as the principles of Ruoff and Kuranda. The Russian inventory has more than twenty years, however, it cannot be considered complete, as registered in cadastre only 60 % of real estate. Full filling of the cadastre information on real estate is possible, if we abandon the application of the principle of reference. Unlike foreign domestic inventory the inventory contains errors that complicate the procedure of registration of immovable property. In addition, the domestic inventory is not the only source of information about the property that causes the ambiguity of the information about the same object. Important is also that the damage caused inaccurate inventory information bona fide buyer or seller of real property under current law, does not exceed one million rubles, regardless of the value of the lost object. Foreign inventory recognizes the property owner the main participant of the changes, however, the Russian legislation allows for the adjustment of the information object without the application of the property owner. See principles of the foreign inventory is useful for the maintenance of the national cadastre. This will simplify the process of state cadastral accounting of real estate, reduce the time of its formation and to increase the reliability of materials of the Unified state register of real estate.

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