Situating real estate law for the new outer-space economy

Purpose With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space. Design/methodology/approach Drawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts. Findings Real estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice. Practical implications Real estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself. Originality/value The time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.

THE LEGAL NATURE OF THE MORTGAGE (THE GUARANTEE) AND ITS DELIMITATIONS FROM THE ADJACENT CIVIL AND LAW PHENOMENON

In this article it substantiates the understanding of the sense of the mortgage (the guarantee) as the complex of the liability law. The absolute (of estate) law relationships apropos of the mortgage (the guarantee) have especially auxiliary significance. And this is why they cannot express the essence of the mortgage (the guarantee).There is an insolubility of the question on the character of the mortgage (the guarantee) in the science. It is caused by this: the discussion on the character of the mortgage (the guarantee) is implementing in principle out of touch of the standards of law, which regulate the mortgage (the guarantee) relationships and out of law relationship, appearing as a result of such regulation or this discussion does not take into account in the appropriate measure the content of the corresponding law statements. The supposed inclusion of the statements on the mortgage (guarantee) in part II of the Civil Code will negatively influence the structure of the Civil Code. We have to differ the mortgage (the guarantee) from the adjacent law phenomenon. In particular the assignment to the mortgagee (creditor on the obligation, which is secured by the mortgage (the guarantee) of the right to satisfy its requirement at the expense of sources, enumerated in paragraph 2 of the article 334 of the Civil Code does not mean that the appropriate rights and law

Mediation as a remedy in trust and probate disputes: A review of the comparative approach for international lawyers

Trust and estate law focuses backwards to determine the grantor’s intent and which parties are right or wrong under legal precedent. In the law of trusts, mediation is often the route chosen by the parties because it offers the most effective method of resolving disputes which arise when one party has deemed their property to be severed and the trustees are seeking mediation to resolve how assets should be divided. Alternative Dispute Resolution (ADR) generally refers to arbitration and/or mediation procedures. It offers the disputants an opportunity to circumvent some (or all) of the most complex, ineffective and costly elements of traditional civil litigation. While adversarial litigation is an expensive and very crude zero-sum game for the resolution of disputes, in areas of family relationships, private property and deceased's estate, ADR does not constitute extra-judicial proceedings. An arbitration agreement does not afford a defence to a court action, but entitles a party to apply for a stay of proceedings, under section 9 of the UK Arbitration Act 1996. This paper draws on UK and US examples and argues that facilitative mediation in trust disputes is especially suitable for ADR in contentious trust cases. It also considers whether the UK and Ireland could usefully adopt some of the US’s more developed and structured practices on ADR and mediation.