The Law of Neighboring Tenements: "The Wrong Sort of Honey"

The present research featured the legal nature of the negatory action as one of the common ways to protect the rights of a real estate owner. The article focuses on the ground of this action and the fact in proof in property rights protection cases not related to dispossession. The authors drew a parallel between the negatory action and the prohibitory action which prohibits offensive activities or hazards of injury infliction. In spite of the fact that the prohibitory action used to be associated with the nugatory one, they demand different kinds of actual statutory regulation and law enforcement. The authors agree that the lawsuit on the prohibition of activities, as provided for by Article 1065 of the Civil Code of the Russian Federation, stems from a tort, and is not a proprietary method of defense of rights. In the Russian civil law, the law of neighboring tenements remains underdeveloped, as does the defense of rights of the real estate owner from their neighbors. The authors believe that it is wrong to justify the negatory action by administrative law as this violates the rules for overcoming conflicts of legal regulation, shifting the burden of proof, and deviating from the standards of adversarial and equal rights of the parties in the civil process.

MYKHAILO TARNOVSKYI — THE FIRST RESEARCHER OF HISTORY OF TARNOVSKYI FAMILY

The article hightlights Mykhailo Tarnovskyi (1865–1943) biography and science activity in the spheres of genealogy, biographic, historical, Shevchenko studies, ethnography. He belonged to the old noble Tarnovskyi family, was born in 1865 in the Kachanivka estate — the famous Ukrainian historical culture centre. His uncle, the Kachanivka estate owner — Volodymyr Tarnovskyi, was the founder of the Museum of Ukrainian Antiquity and well-known philanthropist. Mykhailo Tarnovskyi graduated Kyiv Real School in 1884, he was awarded a diploma in higher education in Switzerland. At the beginning of the 20th century he was a governmental official in Kyiv. In the Soviet Ukraine he worked as a photographer. For many years he researched genealogy and history of the Tarnovskyi family. He was the author of the first article about the Kachanivka estate in 1915 and described the Tarnovskyi family tree. He searched for the materials about members of the Tarnovskyi family and Taras Shevchenko in the Ukrainian museums and archives, recorded the memoirs of his relatives. He wrote the researches down, but his manuscripts were printed by his daughter Iryna Tarnovska only in 1997. We should admit, that it happened to be important publication in use for modern historians. There are still unpublished Mykhailo Tarnovskyi’s manuscripts and photographic works. The author is going to conduct investigation of Mykhailo Tarnovskyi life and science heritage.

Outsourced property management: the regulations of the property manager

Purpose The purpose of this paper is to identify factors on property management level for analysing incentives for an effective property management in an outsourced setting. Design/methodology/approach This research is based on an interview study of a set of three real estate-owning companies and their contracted facility management companies’ property management teams. Findings The study concludes that the property manager within the facility management company is highly controlled by the contract between the real estate owner and the facility management company. However, this contract does risk the individual property manager to prioritise the wrong work tasks as she/he has to know exactly what to prioritise in each contract and consider in whose interest she/he performs each task, the real estate owner, her/him employer or the tenants. Research limitations/implications The research in this paper is limited to Swedish commercial real estate sector. Practical implications The insight in the paper is regarding how real estate owners create incentives for the facility management companies’ property management organisation and how that are perceived by the individual property manager. Originality/value It provides an insight regarding how the commercial real estate industry prioritises different work tasks and how incentives are created to enable effort.

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

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.

Problems Associated with the Legal Substance of Real Estate Encumbrances

The article is devoted to the problems pertaining to the establishment of encumbrances on real estate. Encumbrances that are created on the basis of law have a different legal substance. As a rule, encumbrances by law are significant and bring benefits to an unlimited number of rightholders. This type of encumbrances includes various protection zones, roads, nature reserves, etc. It is assumed that these encumbrances are for the common good; therefore, the rights of an owner may be restricted. Legislation allows establishing encumbrances without any authorisation from the real estate owner. The objective of the thesis is to analyse the legitimacy of encumbrances based on law in the context of the impairment of owner's property rights. To this end, both descriptive and analytical methods have been employed to analyse the legal grounds for encumbrances and related case-law. The study has relied on both legislation and case-law. The results of the study give strong grounds to conclude that a special procedure could be applied to the establishment of encumbrances in situations when those are intended to meet the needs of the entire society or individual communities of certain regions. Like any other encumbrances, those established by law restrict owner's property rights. A real estate encumbrance should be recognised as a restriction on owner's property rights. Certain remedies should be introduced with a view to balancing the rights and interests of the society and the owner and minimising the adverse effects of encumbrances. Such remedies could comprise an owner's right to claim reasonable compensation, challenge the establishment of encumbrances and initiate their annulment.

PARTNERSHIP PRACTICES AND THEIR IMPACT ON VALUE CREATION – REFLECTIONS FROM LEAN MANAGEMENT

The trend of outsourcing operational property management services by the property owners has had a prominent role in the Finnish real estate sector. At the same time, value creation has been scattered across many players such as the owner, the property manager and several service providers. This paper aims to analyse the value creation practices and mechanisms between two partners, a real estate owner and its property management company, in order to assess the current value creation. The assessment is based on a lean partnering framework presented by Lamming (1993). The customers are office tenants in the Helsinki business district. The case findings showed that the expected customer value was challenging to deliver, because waste activities disrupted the value creation. The partners had also adapted some of the value creation practices differently, which caused turbulence in value creation. In addition, the partners had missed the power of doing improvements jointly, but prefer to use bidding to establish value creation. However, through lean thinking the organisations found a much-needed new approach to develop their partnership. The principles of lean management made the problem clearer and enabled the organisations to start dealing with the relevant challenges.

The Colonate in Justinian's Reign

Justinian's codification may be considered a coherent aggregate of all the law existing in A.D. 530–534. On the basis of this and his subsequent legislation it appears that the condicio coloniaria existed in his reign in two forms. One, the adscripticiate, based on a contract by which a person fixated his origo from a town onto an estate. This implied his coming under the potestas of the estate owner and the treatment of his possessions as if peculium, while his descendants were tied to this origo and its implications. The other, a colonate with the origo also fixed to an estate, but without the implications mentioned before: hence ‘free’ coloni. This latter colonate came primarily into existence if an adscripticius had performed services during thirty years.