Academic literature on the topic 'Real estate business, law and legislation'
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Journal articles on the topic "Real estate business, law and legislation"
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Kulikovska, Olha, Roman Stupen, Oleksandra Kovalyshyn, and Zorian Ryzhok. "ALGORITHMS FOR OBTAINING A RESIDENCE PERMIT AND PURCHASING REAL ESTATE FOR UKRAINIANS UNDER SPECIAL MARTIAL LAW CONDITIONS." Spatial development, no. 6 (December 26, 2023): 309–20. http://dx.doi.org/10.32347/2786-7269.2023.6.309-320.
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Approximately a quarter of the surveyed Ukrainian refugees and IDPs said that they plan to stay in their new places of residence, in the countries of their choice, obtain a residence permit, and purchase real estate. The legislation of Ukraine, like that of other countries, provides that ownership and other real rights to real estate, encumbrances, as well as their creation, transfer and termination, are subject to state registration. Rights to real estate subject to state registration arise from the moment of such registration. In essence, state registration is the fact of public recognition by the state of a person's right to real estate by entering information about it into the State Register of Real Property Rights. However, each country has its own regulatory requirements. Therefore, research into real estate registration procedures and algorithms for obtaining a residence permit is relevant. The study is aimed at identifying the peculiarities and algorithms for obtaining a permanent or temporary residence permit by investing in real estate or business in the country of study. real estate registration for Ukrainian citizens who went abroad during the military operations and intend not to return home but to integrate into other countries. The research objects are 9 countries of the world, namely: Turkey, Greece, Montenegro, the United Kingdom, Cyprus, the United Arab Emirates, the United States, Portugal, and Hungary. These countries are characterized by: attractiveness in terms of residence, democratic development, improvement of the quality of service provision and strengthening of trust in the government by the population, the public and the private sector. The information base of the study was based on collections of scientific papers, periodicals, and Internet resources. Summarizing the results of the study, we have constructed a diagram of the cost of investment real estate for permanent residence for the selected countries. The largest investment is required in the UK, while Montenegro has no requirements for real estate investment at all.
It is determined that the procedure for obtaining the right to temporary or permanent residence through investment and registration of real estate may vary, and the package of documents required for registration also differs depending on the specific object and the circumstances of the rights to it. However, there are simple general recommendations that can help protect real estate rights and save time and money: compliance with the country's legislation; creation and proper operation of a unified registration system. This analysis will help to identify ways to implement foreign experience in Ukraine's activities in the future. The practical content is indicated by the target orientation of this study for Ukrainian citizens who are forced to stay abroad, urban planning and cadastre specialists.
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Kwon, Kyoung-Sun. "Public Law Regulation for Large-Scale Jeonse Lease Fraud (Villa King)." Korea Anti-Corruption Law Association 6, no. 2 (August 31, 2023): 41–70. http://dx.doi.org/10.36433/kacla.2023.6.2.41.
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Since the second half of last year, large-scale Jeonse lease fraud cases called “Villa King” and “Villa God” have been revealed one after another. The term “rental fraud” can be understood as “an act of stealing a lease deposit by deceiving a tenant (tenant) by those involved in a lease contract, such as a landlord (tenant), a builder, a broker, or a sales agent”.
Most of the so-called “King of Villas” and “Billasin” defrauded tenants of their Jeonse lease deposits in a similar way, mainly targeting new villas or tenants of multi-family homes.
The large-scale Jeonselease fraud occurred because of the difficulty in grasping the market price of new villas, the corruption of pre-sale agencies and licensed real estate agents, and the loopholes in the Jeonse lease loan and Jeonse lease guarantee insurance system. The problem of Jeonse lease fraud has existed before, but in recent years, Jeonse lease fraud has occurred nationwide and systematically because a large number of pre-sale agents, unqualified licensed real estate agents, and brokerage assistants have actively attracted tenants. Due to this Jeonse lease fraud, the Certified Brokerage Act was revised to prevent unqualified licensed real estate agents from operating, but there are no measures or regulations for sale agencies and real estate consulting companies. Therefore, it is hoped that the legislation for the sale agency business and real estate consulting business will be reorganized as soon as possible so that those with expertise and responsibility can mediate and protect the property of the people.
The recent large-scale lease fraud is a complicated combination of insufficient tenant protection, guarantee insurance and lease loan system weaknesses, and legal and institutional problems of licensed real estate agents and real estate consulting companies. The large-scale Jeonse lease fraud has caused great pain and confusion, especially to the common people, and it also makes us think about the principles of private autonomy and the limitations of government intervention.
The principle of private autonomy means that individuals can make their own decisions on matters related to them by respecting human dignity and values, and are also responsible for the decisions they have made. But no individual, no organization, no state is complete, and is free from unreasonable decision-making and unethical deviations and corrupt practices. And it grows through trial and error such as unreasonable decisions and corruption. I sincerely hope that the pain and confusion experienced by our society will be an opportunity to sublimate into an advanced housing welfare system and real estate transaction system.
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Tymoshchyk, L. "Property Valuation in the Property Management System: Analysis of Conceptual Problems." Modern Economics 24, no. 1 (December 16, 2020): 194–99. http://dx.doi.org/10.31521/modecon.v24(2020)-31.
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Introduction. Today, significant property assets in the form of real estate and land are in the possession of Ukraine. To make a profit from property requires an effective management system, an important tool of which is the assessment of property value. Purpose. The main purpose of the article is to consider the obstacles to the development of property valuation as one of the tools of property management. The article also explores the peculiarities of the development of Ukrainian legislation in the field of property valuation and management, presents general recommendations for the development of the property procedure. Results. The author identifies eleven conceptual problems of use and development of property valuation in the property management system. Among the most important is the lack of detailed legislative and procedural support of the property valuation procedure, in particular – the lack of a register of state property (both functionally real estate and unfinished), insufficient regulation of land and property legislation. Insufficient guarantees of observance of the rights to possession and use of property (real estate) are considered as obstacles to the growth of the role of small and medium business, and as a negative trend in the lives of people in the temporarily occupied territory. The influence on the development of property valuation of such market characteristics as competitiveness and lack of free competition, which contribute to the determination of the final value of property such factors as monopoly and government decisions, is analyzed. Conclusions. The process of property valuation occupies a significant place in the process of effective property management, but in our country this procedure is still developing. The author emphasizes that a fair and objective assessment requires, above all, respect for constitutional rights and guarantees in the field of property. The second priority area for improvement is the formation of an integrated and complete legal framework in the areas of property management and land law, the creation of a complete register of all state-owned real estate. It is recommended to pay attention to the need to study the impact of the market on the final valuation. Keywords: property valuation; property management valuation; property valuation mechanism; small business; real estate use right.
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Grigorieva, O. G. "Is the Path to Citizenship through Property Investment Possible in Russia?" Journal of Law and Administration 20, no. 1 (May 30, 2024): 75–83. http://dx.doi.org/10.24833/2073-8420-2024-1-70-75-83.
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Introduction. Real estate has undoubted investment advantages. Moreover, in a number of countries it is a bridge for simplified obtaining a residence permit or even citizenship. In Russia, the legal regime of immovable property undoubtedly has a number of advantages. The very possibility to have property on the right of private ownership (including land plots) gives owners confidence in the possession and use of real estate. The legislation on real estate is characterized by stability and is less susceptible to change. Low rates of property tax calculated on the cadastral value of the property facilitate the acquisition of real estate. The variety of real estate objects allows citizens and legal entities to own residential and non-residential premises and parking places. With the development of digitalization of state administration, the registration of rights to immovable property has become as simple and accessible as possible, allowing owners to protect their property from fraudulent schemes. Property prices in Russia are steadily rising, which also stimulates investment in this sector. Whether investments in real estate contribute to obtaining citizenship of the Russian Federation in an accelerated (preferential, facilitated, etc.) manner will be shown in this article. Materials and methods. This study is based on: 1) the totality of such methods of scientific cognition as: the dialectical method, which allowed to connect the theory of civil and land law and the practice of the Constitutional Court of the Russian Federation; the formal-legal method allowed to analyse legislative norms; the system method allowed to consider the institute of national treatment of foreign citizens in Russia as a system with internal unity and interrelations with other institutions of law (the institute of citizenship, the institute of property rights, etc.); 2) the results of the author's survey of the moderators of My Hectar Programme regarding the demand of foreign citizens for land plots sold under the Programme; 3) analysis of the Decisions of the Constitutional Court of the Russian Federation. Research results. The study found that in Russia, at the constitutional level, foreign citizens are granted national treatment, exceptions to which are provided for by federal laws. Restrictions on the rights of foreigners are stipulated by a number of federal laws. For example, civil legislation has traditionally prohibited ownership of certain categories of land plots. As a response to western sanctions, in March 2022 a special permissive procedure was introduced for citizens of unfriendly countries to acquire ownership of real estate. The legislation on citizenship of the Russian Federation does not provide for any privileges for foreigners to obtain citizenship through investments in the country's economy in general, in real estate and business in particular.Discussion and сonclusion. The Russian Federation policy regarding the rights of foreign citizens to immovable property should continue to be aimed at maximum protection of the interests of national security and sovereignty of the country, and priority opportunities for Russians to acquire real estate. Certainly, the state should stimulate foreign investment. However, in the conditions of aggravation of international relations and threats to Russia's national security, it would be advisable to introduce a permissive procedure for the acquisition of real estate for all foreign citizens, taking into account the foreigner's occupation and the purpose of acquiring real estate, sources of his income, possible links with organizations banned in Russia.
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Megawati, Ni Ketut Dewi. "PERSPEKTIF UNDANG-UNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN KAWASAN PERMUKIMAN TERHADAP PERLINDUNGAN HAK KONSUMEN DALAM JUAL BELI PERUMAHAN." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 5, no. 1 (May 31, 2016): 12. http://dx.doi.org/10.24843/jmhu.2016.v05.i01.p02.
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A mismatch between the administrative documents or the physical characteristics of a property offered in a contract and the actual conditions received by the client becomes an important problem in a property business. The property, which is the object of an agreement, should be in line with the legal aspects required by the legislation. The purpose of this study is to understand the legal condition of registering a property as the object of an agreement, by using consumer protection law in relation to property sales (i.e., Legislative Decree number 1 of 2011) as the perspectives. This study used normative legal framework based on Law and concept approaches as its research method. Several primary laws were collected and analyzed by a qualitative descriptive method. This study found that a property could be included as the object of an agreement if it fulfills the terms and conditions written in the Article 42 Clause 1 of Legislative Decree number 1 of 2011 on Real Estate and Residential Areas. Furthermore, a property can be an object of sales agreement if they meet several criteria written in the State Minister of Community Estate Decree’s number 09/KPTS/M/1995, with the date of issuance on 23 June 1995, about the sale and purchase of a property. It can be argued that the Legislative Decree number 1 of 2011 on Real Estate and Residential Areas might not offer a comprehensive protection to the consumer rights, and subsequently inflict physical and mental harm to the consumers.
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Ludmila, Spektor, and Zhmurko Rodion. "The legal status of a peasant (farmer) farm as a business entity." E3S Web of Conferences 273 (2021): 08015. http://dx.doi.org/10.1051/e3sconf/202127308015.
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This article examines the legal status of the peasant (farmer) economy as a subject of entrepreneurial activity which has developed to date, is the result of numerous reforms carried out in this area. In modern realities for the formation of such an association of citizens, the registration of a legal entity is no longer required, which is enshrined in Federal Law N 74-FL of 11.06.2003 “On peasant (farmer) farming”. This article examines the concept of a peasant (farmer) economy, examines the legal aspects of its activities, analyzes the legislative reforms carried out in this area, identifies current problems, and suggests ways to solve them. The article deals with the dual relationship of civil and land legislation arising in the regulation of land relations, including various transactions with land plots. The authors of the article suggest possible options aimed at eliminating the duality of this relationship, despite the fact that the land plot, taking into account the norms of civil and land legislation, can be considered as a natural object and as an object of civil relations with all the characteristics of real estate.
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Chernichkina, G. N., and A. P. Adamenko. "On the Issue of Protecting the Rights of Parties to a Financial Lease Agreement Violated in the Context of the Pandemic." Rossijskoe pravosudie 11 (October 26, 2020): 15–23. http://dx.doi.org/10.37399/issn2072-909x.2020.11.15-23.
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In the article, the authors analyze the norms of civil legislation that allow for the protection of the rights of the parties to the financial lease agreement, violated in the conditions of business restrictions (pandemics). The authors note that parties to financial leases of movable property are more vulnerable than parties to financial leases of real estate. The authors, taking into account the explanations of the Supreme Court of the Russian Federation on the application of civil law provisions in the context of the pandemic, make recommendations to small and medium-sized businesses-parties to the financial lease of movable property to protect their rights. It is proposed to introduce the concept of a moratorium on the performance of obligations in the context of a pandemic into civil law.
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Grigorieva, O. G. "Strengthening of the Notary's Financial Responsibility in the Aspect of Invalidation of Notarized Transactions." Journal of Law and Administration 18, no. 3 (October 18, 2022): 19–25. http://dx.doi.org/10.24833/2073-8420-2022-3-64-19-25.
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Introduction. The number of real estate transactions certified by notaries is growing every year. Сompared to 2020, the number of transactions with non-residential real estate certified by notaries increased by 24%, with residential premises - by 13% The Federal Notary Chamber notes. It happens due to the continued trend of legislative expansion of real estate transactions subject to mandatory notarization, as well as the desire of citizens and organizations to obtain maximum legal guarantees and protection of their property rights and interests. The powers of a notary in real estate transactions are very wide. So, the notary himself can request supporting documents, check wills, powers of attorney, pledge of property based on the data of registers, draw up an agreement correctly, send a package of documents to the Federal Service of State Registration, Cadastre and Cartography (Rosreestr) authorities for state registration of the transfer of ownership, hand over the registered agreement to the parties, etc. At the same time, annually facts of notaries participation in fraudulent schemes with real estate, recognition by courts of notarized transactions as invalid (due to nullity), bringing notaries to disciplinary and criminal liability are revealed. The article provides specific examples from judicial practice and statistical data confirming this thesis, substantiates proposals for further improvement of civil legislation in order to prevent fraudulent actions with real estate and violations of the legal rights of citizens and organizations committed with the participation of notaries.Materials and methods. This study is based on a combination of such methods of scientific knowledge as: the dialectical method, which made it possible to connect the theory of civil and inheritance law and judicial practice; the formal legal method made it possible to analyze legislative norms; the systematic method allowed us to consider the institution of liability of notaries as a system with internal unity and interconnections with other institutions of law.The results of the study. In the course of the study, the provisions of the Fundamentals of the legislation of the Russian Federation on the notary, regulating the goals and objectives of the notary in ensuring the protection of the rights and legitimate interests of citizens and legal entities, the Civil Code of the Russian Federation on the recognition of transactions as invalid, were analyzed. The judicial practice on invalidating certain real estate transactions certified by notaries (including from the author’s personal practice), the statistics of the Ministry of Justice of Russia on bringing notaries to criminal and disciplinary liability, the number of complaints against the actions (inaction) of notaries, on the recognition invalid transactions, insurance compensation for losses incurred through the fault of notaries in 2019-2021. The conclusion is substantiated that the victims of fraudulent actions with real estate involving notaries are, as a rule, pensioners, the disabled, whose rights and legitimate interests need special legal protection. Such facts, to a certain extent, undermine the trust of the participants in the property turnover in the institution of the notary. A number of gaps in civil legislation and legislation on notaries in the area under study have been identified, and proposals have been formulated to fill them. Discussion and conclusion. The strengthening of the role of a notary in the process of real estate transactions, the improvement of technologies for notarial actions (remote transactions, transactions using an electronic digital signature, the introduction of the "electronic notarized power of attorney" service, etc.) certainly correspond to the dynamics of modern property turnover. However, at the same time, fraudulent schemes with real estate are also being improved, in which, as evidenced by judicial practice and statistics, notaries themselves are involved. For maximum legal protection of the interests of participants in property turnover, it is proposed to include in the legislation the norms on compensation by notaries of the full market value of property lost through their fault, lost profits, as well as moral damage, damage to business reputation and court costs incurred due to illegal actions of notaries of the parties to the transaction. It is also proposed to legislate the presumption of moral harm to the citizens participating in the transaction, which, according to the court decision that has entered into force, is declared invalid due to nullity.
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Carbonara, Sebastiano, and Davide Stefano. "An Operational Protocol for the Valorisation of Public Real Estate Assets in Italy." Sustainability 12, no. 2 (January 19, 2020): 732. http://dx.doi.org/10.3390/su12020732.
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The Italian Treasury Department reports that a quota of the country’s public real estate assets, with an estimated value of some 63 billion euros, consists of properties not directly utilised by the State Government and is therefore available for decommissioning alienation; in other words, for adaptive reuse. Numerous legislative initiatives dedicated to this issue over the past 30 years have produced very few comforting results. A plausible explanation for these shortcomings can be traced to the gap between established regulatory principles and the possibilities/capacities of local institutions to apply them. Put another way, legislation and indications, many of interest, have not been supported by adequate economic, structural, and organisational resources. The underlying question is, what is the structure of the decision-making process behind the sale or redevelopment of real estate assets? Beginning with these premises, this paper proposes an operational Business Process Modelling protocol that develops three different indexes—urban values index (Ivu), use index (Iut), and technical-maintenance index (Itm)—which may suggest three hypothetical scenarios of valorisation and three lines of action. A test of this model using a selection of public buildings owned by the City of Pescara showed it to be prognostic of some of the choices subsequently made by the municipal administration.
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Nesterenko, K., and O. Bulhakova. "Administrative procedure as a new stage of interaction between government bodies and society." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 482–86. http://dx.doi.org/10.24144/2788-6018.2023.06.83.
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The article analyzes the provisions of the Law of Ukraine «On Administrative Procedure» from the point of view of changes in administrative proceedings for persons who directly participate in work under the general administrative procedure. It was found that before the adoption of the Law of Ukraine «On Administrative Procedure» there was no general administrative procedure in Ukraine, but all spheres of interaction of the state with citizens and business were regulated by different rules (special laws, resolutions, instructions, etc.), which led to disputes between different legislative acts.
The construction of the system of procedural legislation is defined. It was emphasized that the interaction procedure should become unified, effective, oriented to the needs of citizens and businesses, and transparent. And the introduction of a general administrative procedure will bring Ukraine closer to the standards of the European Union, because similar laws operate in all EU member states as an integral part of the right to proper administration.
It has been proven that the Law of Ukraine «On Administrative Procedure» will be applied to proceedings that arise during the execution of inspection powers in the field of control and supervision, as well as in the field of providing administrative services (in the field of business registration, real estate, issuing permits, certificates, licenses). The conclusion is substantiated that the Law of Ukraine «On Administrative Procedure» provides private individuals with real opportunities to prove their own position during the resolution of the specified range of issues.
In the process of reviewing new legislation, an attempt was made to identify problematic aspects that need to be resolved. In particular, it is about the lack of appropriate informational and professional support for persons who directly participate in the work under the general administrative procedure. The generalizations made made it possible to provide recommendations to administrative bodies and their employees, who must ensure a fair and legal resolution of cases for the fruitful exercise of their powers.
Dissertations / Theses on the topic "Real estate business, law and legislation"
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Ho, Chong In. "Legal issues arising from remuneration of real estate brokers in Macau." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3537211.
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Xu, Huan. "Do contrato de mediacao imobiliaria." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3537098.
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Lin, Devin Sen, and 林森. "Regulation of sales descriptions and information disclosure in off-plan sales in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B50491283.
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Iveson, Michael Ronald. "Consumer issues in property : pre and post 1980." Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/36084/1/36084_Iveson_1998.pdf.
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This research thesis examines the public perception of real estate agency professionalism, or the perceived lack of it. A study of the responses of 25 Queensland solicitors (selected at random) representing over 2340 buyers and sellers involved in 1170 transactions, provided the basis for concluding that, in Queensland,
real estate agents do not usually represent the buyer or seller in a manner, determined in common law, fiduciary duty, or in fulfilment of statutory obligations. This confirms American research findings that have resulted in changes to the way real estate agency transactions occur in the United States of America, as well as promoting changed legislative responses to real estate agency laws in the United States.
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陳霄九. "中國房地產法學的理論與實踐." Thesis, University of Macau, 2003. http://umaclib3.umac.mo/record=b1636867.
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Steele, Kristopher Stephen. "New York City local law 97 : an analysis of institutional response & decision making towards groundbreaking carbon emissions legislation." Thesis, Massachusetts Institute of Technology, 2020. https://hdl.handle.net/1721.1/129002.
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Thesis: M.C.P., Massachusetts Institute of Technology, Department of Urban Studies and Planning, September, 2020Thesis: S.M. in Real Estate Development, Massachusetts Institute of Technology, Program in Real Estate Development in conjunction with the Center for Real Estate, September, 2020
Cataloged from student-submitted PDF of thesis.
Includes bibliographical references (pages 98-102).
In May 2019, New York City (under Mayor Bill De Blasio) enacted its own version of the Green New Deal called the Climate Mobilization Act, a local law to amend its charter and administrative code to achieve certain reductions in greenhouse gas emissions by 2050. The Act comprises a series of ten bills passed by the New York City Council including a tax on paper bags, a green roof mandate, and a process to close oil and gas plants around the city, amongst others. One major portion of this Act is a bill to limit greenhouse gas emissions, caps, on tens of thousands of buildings in the City. This mandate, called Local Law 97 (LL97), is the first of its kind in any large city in the world. This thesis focuses specifically on LL97, which limits carbon emissions on buildings over 25,000 square feet on real estate product types such as, commercial office spaces, healthcare facilities, residential co-ops, condos, and rental apartment buildings. It examines the characteristics and impacts of the law on real estate owners, as well as the city. It diagnoses how owners are responding to the law and where improvements can be made as this model becomes replicated globally through industry surveys. Since its approval in the Spring of 2019, a number of cities have expressed interest in promulgating similar regulations, though little research analysis has been undertaken to fully evaluate the implications of LL97, whether or not the policy falls short of our goals, or if it's even achievable. It finds and later recommends, that amendments to the law, such as carbon credit portfolio trading, the incorporation of additional asset types, and green leases, amongst others, can help to achieve Local Law 97 goals with enhanced success and mitigated burdens on New York City real estate owners.
by Kristopher Stephen Steele.
M.C.P.
S.M. in Real Estate Development
M.C.P. Massachusetts Institute of Technology, Department of Urban Studies and Planning
S.M.inRealEstateDevelopment Massachusetts Institute of Technology, Program in Real Estate Development in conjunction with the Center for Real Estate
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Siame, Chilengwe George. "Broadening the tax base: a case for the informal real estate sector in Zambia." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1003852.
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The main objective of the study was to analyze the potential tax collection from the informal rental housing market in Zambia, using household level rental housing data collected for the Lusaka Urban District by the Central Statistical Office (CSO) as a basis for computation and extrapolation to the national level. This data was used to analyze household monthly expenditure on housing (rent), the total number of households in rented accommodation, and the tax regime applicable on rental income, to estimate the potential tax revenue that could be realized from this emerging sector. The estimates indicate that about K9.7 billion revenue could be collected on income from rental housing in Lusaka Urban District alone and a total of K83 billion nationally per annum. This represents about 0.4 percent of the country’s GDP in 2007. Compliance needs to be improved and legislation revised to ensure that the landlords are compelled to remit tax to the Zambia Revenue Authority. The current legislation makes enforcement and compliance difficult as it places the statutory tax burden on tenants, who are very mobile. It is, therefore, recommended that the landlord is made responsible for the payment of taxes due on rental income and that any compliance requirements be enforced against the real estate/property that is generating the income. This study also examines the performance of the presumptive taxation regime in Zambia The study uses data from the Zambia Revenue Authority on revenue collection from presumptive taxes which were introduced to capture income from the informal sectors. The presumptive taxes already introduced in Zambia include: base tax, advance income tax and turnover tax for minibuses and taxi operators. To analyze the performance of the presumptive tax regime, the study utilizes data on imports made by those not registered for taxes, to estimate how much revenue could be generated by imposing a 3 percent turnover tax on the value of their imports at importation. The analysis shows that the Zambia Revenue Authority increased revenue collection from K5.3 billion in 2004 to K33.5 billion in 2007. This improvement in revenue collection is far below the potential, however, which is estimated at over K501 billion on imports of unregistered traders alone. To collect this revenue and expand the tax base, the tax authority needs to improve the administration of advance income tax on unregistered importers, and raise the advance income tax rate to a level where the importer is indifferent between paying the advance tax at the border and paying turnover tax inland.
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Wong, Hung-choi, and 黃雄才. "The effectiveness & efficiency of legislative control on the management of private sector property in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31968314.
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Lam, Kit-wah, and 林杰華. "How Building Management Ordinance enhances the competitiveness of the private residential property management market?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2006. http://hub.hku.hk/bib/B4500853X.
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Botha, Brink. "A critical analysis of the influence of the "Prevention of the illegal eviction from and unlawful occupation of Land Act 19 of 1998" on investment in residential income-producing property." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/321.
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This research will focus on the influence of legislation (as indicated in this research) on the investment decision in residential income-producing property. Assumptions, as recorded in the hypothesis of this study, indicate that the legislation had a changing influence on the investment decision in residential income-producing property in comparison to the time period prior to the promulgation of the legislation. The research methodology will be based on a comparative analysis of the current legislation and the proposed Draft Amendment Bill. This analysis will be tested by means of a case study analysis incorporating a phenomenological study based on written data. The problems, sub-problems and hypothesis will be addressed and tested in this research in conjunction with the prescribed research methodology. This research is concluded by means of a synopsis and recommendations.
Books on the topic "Real estate business, law and legislation"
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Jennings, Marianne. Real estate law. 2nd ed. Boston, Mass: PWS-Kent Pub. Co., 1989.
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Jennings, Marianne. Real estate law. 8th ed. Mason, Ohio: Thomson/South-Western West, 2008.
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Jennings, Marianne. Real estate law. 7th ed. Mason, Ohio: Thomson/South-Western West, 2005.
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Jacobus, Charles J. Real estate law. 2nd ed. Upper Saddle River, N.J: Prentice Hall, 1998.
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Siedel, George J. Real estate law. 4th ed. [Cincinnati, Ohio]: West Educational Pub., 1999.
Find full textBook chapters on the topic "Real estate business, law and legislation"
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Furman, Cassia, and Charles S. Alovisetti. "Introduction to Cannabis and Real Estate Law." In The Cannabis Business, 97–104. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003055983-13.
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Wolf, Christian R. "Real-Estate Property Law in Germany." In Key Aspects of German Business Law, 133–43. Berlin, Heidelberg: Springer Berlin Heidelberg, 2002. http://dx.doi.org/10.1007/978-3-540-24776-0_13.
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Wolf, Christian R. "Real-Estate Property Law in Germany." In Key Aspects of German Business Law, 125–35. Berlin, Heidelberg: Springer Berlin Heidelberg, 1999. http://dx.doi.org/10.1007/978-3-662-08065-8_12.
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Li, Rita Yi Man. "Property, Credit and Business Cycles in Hong Kong." In Law, Economics and Finance of the Real Estate Market, 71–83. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-54245-9_5.
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Panico, Paolo. "Firewall Legislation." In International Trust Laws. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754220.003.0012.
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The ‘forced heirship’ rules existing in most civil law jurisdictions constrain a testator’s ability to dispose of his property according to his wishes. These rules usually confer a statutory entitlement to a substantial portion of a decedent’s estate on his surviving spouse, children, and occasionally some other relatives. This may be a major hindrance to generation planning at the helm of a family-run business or, more generally, to an economically meaningful devolution of an estate comprising controlling interests in business entities.
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"Arena of Real Estate Investment in China – Game Rules for Foreign Investors." In International Trade & Business Law Annual Vol VI, 375–88. Routledge-Cavendish, 2001. http://dx.doi.org/10.4324/9781843140870-16.
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Baker, John. "Real Property." In Introduction to English Legal History, 267–78. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198812609.003.0014.
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This chapter gives an account of uses, and is inserted here because it was their association with the avoidance of feudal revenues which resulted in the principal property legislation. Uses began as factual situations in which land was held for the benefit of another. They grew in popularity as enabling land to be left by will. The common law took no notice of such extra-feudal arrangements, but by the fifteenth century the Chancery had assumed jurisdiction over uses as a matter of conscience. A statute of 1484 attached legal consequences to the use, so that it became an estate in land. Uses incidentally enabled landowners to avoid feudal incidents, and this was tackled by the Statute of Uses 1536, which put an end to wills of land, and the Statute of Wills 1540, which revived them. These statutes are explained in the context of preserving the king’s feudal incidents.
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Bodden, Maxine. "Cayman Islands." In International Succession, 195–210. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870463.003.0012.
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This chapter delves into the laws of the Cayman Islands. It stresses that the Cayman Islands is based on English common law and rules of equity, supplemented by local legislation. The chapter also looks at the forms of wills under Cayman Islands law, arguing that a validly executed will must be in writing and signed at the foot or end by the testator/trix, or by some other person in the testator/trix’s presence and at his or her direction. This chapter then reviews the order of succession to real and personal estate on intestacy. It investigates the compulsory shares of inheritance and the provisions under Cayman Islands law to enable any person to claim maintenance from a deceased’s estate. Ultimately, the chapter considers the principles of the community of property under Cayman Islands law. It also discusses the property as joint tenants and the invalidity of will.
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Ledwoń, Paulina. "Poland: An Attempt at a Balance Between the Protection of Family Holding and the Freedoms of the European Union." In Acquisition of Agricultural Lands : Cross-Border Issues from a Central European Perspective, 199–217. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.jesz.aoalcbicec_8.
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The aim of this article is to present the problem of acquisition (including cross-border acquisition) of agricultural real estates and agricultural holdings in the Republic of Poland, with particular empha- sis on the issue of regulating the acquisition of agricultural real estates as an instrument for the protection of family farms. By analyzing current legislation, jurisprudence, and doctrine, the author tries to discern the key issues in the field of agricultural law. Starting from fundamental notions on which the whole article is based, such as real estate, agricultural real estate (land), agricultural holding, individual farmer, and family holding, the author proceeds to detail issues concerning the acquisition of ownership of agricultural land (holdings), including inheritance, acquisition of other rights on agricultural land, establishment of a bonding relation in the form of a lease of agricultural land, and acquisition of shares (stocks) in companies that own agricultural land. Next, the author presents the constitutional norm of the agricultural system of the Polish state and attempts to answer the question of whether the Commission proceedings have been initiated against Poland in connec- tion with the breach of obligations. In conclusion, the author concludes that a considerable part of the issues taken up by the European Commission in the Interpretative Communication touches upon the Polish legal instruments of agricultural law.
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Malumian, Nicolas. "Honduras." In Trusts in Latin America, 231–39. Oxford University PressNew York, NY, 2009. http://dx.doi.org/10.1093/oso/9780195388213.003.0016.
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Abstract Honduras included the trust in its legislation in 1950 with the entrance into force of the current Commercial Code. Trust regulations were based on the Mexican law that was in force in the same year. Trusts were not used at all for several decades, but they are growing and are being used as collateral (guarantee trusts), as legal vehicles of real estate developments, and as part of project finance schemes in infrastructure projects. Currently, it is estimated that there are more than 300 trusts with assets estimated in more than US$1 billion (out of which, approximately one-half are guarantee trusts), the trust activity growing at a fast pace.
Conference papers on the topic "Real estate business, law and legislation"
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Milosavljevic, Miroslav, and Jelena Milosavljevic. "PROFESIONALNO UPRAVLjANjE STAMBENIM ZAJEDNICAMA - NOVA USLUŽNA DELATNOST PRIVREDNIH SUBJEKATA U REPUBLICI SRBIJI." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.423m.
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Two years ago, the Law on Housing and Maintenance of Buildings was adopted, which contains several new solutions that did not exist in the current Serbian legislation. One of these newspapers is the introduction of professional housing managers, who carry out a number of services to housing communities, regardless of whether the buildings are registered or not in the real estate register, and regardless of whether they were, possibly, built contrary to the law on planning and construction, since they have acquired the status of a legal entity by their very existence, on the day the Law enters into force. In business practice, there are more doubts about how to apply the regulations pertaining to this area, as there is no previous experience. For the above reasons, the authors decided to approach the discussion of the topic, first of all by defining the concept and legal position of the professional manager, determining the conditions for its appointment, and the role in maintaining buildings, etc., analyzing the newly adopted law and accompanying regulations. At the end of the work, an appropriate conclusion is given, which, hopefully, will help to properly apply the existing normative solutions in practice.
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Dabić, Ljubiša. "REAL ESTATE VALUATION SERVICE." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.055d.
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The subject of the paper is the real estate appraiser service as a professional service and its distinction from other private and commercial (business) services, as well as from other professional services, for example, the legal audit service. The aim of the work is to investigate whether the service of real estate appraisers in the Republic of Serbia is the same or different, on the one hand, from other commercial services, and on the other hand, from other professional services - legal audit services. The purpose of the work is to highlight all the features, properties and characteristics of the real estate appraiser service provided by licensed appraisers to users.
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Đurković, Ana, and Biljana Martinenko. "REAL ESTATE CADASTRE INFORMATION SYSTEM AS BENEFIT FOR MODERN SUPERVISION AND CONTROL." In 20th SCIENTIFIC-PROFESSIONAL CONFERENCE WITH INTERNATIONAL PARTICIPATION “URBANISM AND SUSTAINABLE DEVELOPMENT”. Serbian Town Planner Association, 2024. http://dx.doi.org/10.46793/urbanizam24.233dj.
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The Republic Geodetic Authority (RGA) is a special organization and body of the state administration of the Republic of Serbia that performs professional and state administration tasks related, among other things, to the state survey, real estate cadastre and geospatial data management. In the last decade of work, which was accompanied by the rapid growth of the real estate market and the development of infrastructure projects, the RGA faced the challenge of responding within its competences in real time to the needs of citizens and the economy of the Republic of Serbia with human resources and software and hardware capacities at its disposal and procedures in work within the framework of current legislation. Some of the primary goals set by the RGA at that time were the improvement of existing business processes together with the amendment of legislation, the establishment of an integrated real estate cadastre information system (ISREC) and the introduction of new modern software solutions that keep pace with the development of IT technology and enable more efficient and reliable data processing With the support of the World Bank, as well as the dedicated work of employees, the RGA established the integrated ISREC with unified alphanumeric and graphic data, which achieved a high degree of automation of work processes and information flow. The system has been implemented in all major real estate cadastre offices on the territory of the Republic of Serbia (Belgrade, Novi Sad and Nis). With the introduction of the new ISREC, the complete digitization of business processes was achieved, and the quality and availability of data, and the efficiency of work of the real estate cadastre offices, was improved. The possibilities of monitoring, control of work and supervision over the actions of real estate cadastre offices and geodetic organizations have been greatly facilitated in the following period. The integrated real estate cadastre information system is the key to modern monitoring and control.The goal was met and the efficiency, transparency, availability, and reliability of the real estate management system in the Republic of Serbia were improved.
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SHATKU, Saimir, Grejdi JANI, and Antonela MERSINI. "Aspects of legal-civil legislation on the impact of housing and the real estate market in Albania and the countries of the Western Balkans." In ISSUES OF HOUSING, PLANNING, AND RESILIENT DEVELOPMENT OF THE TERRITORY Towards Euro-Mediterranean Perspectives. POLIS PRESS, 2023. http://dx.doi.org/10.37199/c41000103.
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The real estate market represents a very important sector of the economy of a legal state, which is realized by a combination of factors and objects that in combination with each other ensure the functioning of the market and affect the implementation of one of the main rights of the individual, which is the right of ownership and related property rights. If we have not created the necessary conditions for the existence of a real estate market, we can no longer talk about the protection of the fundamental rights of the individual, as well as about the free market economy in a legal state of law, which is realized through its close cooperation with the market of goods, capital, services, or even labor. According to statistics, 35% are foreing citizens who buy in our country. And 65% are Albanian citizens. The entire mechanism on which the real estate market is established and functions consists of real estate and legal assets released into civil circulation by economic entities operating in the market, as well as through various transactions undertaken by individuals with the aim of free disposal of these objects through the processes of creation, use and exchange of real estate objects in their market. Among the main aspects related to ownership and real estate, the right to housing for any indi- vidual is considered as the effective implementation of their exercise and protection from any kind of encroachment. Thus, the right to housing is enshrined as a fundamental human right in a large number of international acts, such as the European Convention on Human Rights, which is directly applicable to our own legislation.
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JAFAR, MOHAMMED. "Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp65-84.
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The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.
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Kanjo, Marina, Miloš Knežević, and Stefan Živić. "DIGITALIZATION AND INNOVATIONS IN REAL ESTATE CADASTRE: PERSPECTIVES OF THE 21ST CENTURY." In 20th SCIENTIFIC-PROFESSIONAL CONFERENCE WITH INTERNATIONAL PARTICIPATION “URBANISM AND SUSTAINABLE DEVELOPMENT”. Serbian Town Planner Association, 2024. http://dx.doi.org/10.46793/urbanizam24.269k.
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The Republic Geodetic Authority, as the institution entrusted with the official records of real estate and property rights holders, as well as the management of geospatial data at the national level, is undergoing significant changes in the 21st century. Due to rapid technological advancement and the need for more efficient property management, it strives to provide services in a quality, transparent, and effective manner, constantly aligning its work with international standards and user needs. Through the Law on the Procedure of Registration in the Real Estate Cadastre and Cadastre of Infrastructure, the legal framework continues to be amended and further regulates the use of the eFrontDesk aiming for complete digitalization and electronic business transactions between the Republic Geodetic Authority and state bodies, citizens, businesses, and all other users of RGA data and services. In the sphere of digitalization of electronic business, the Republic Geodetic Authority has implemented significant changes in its operations by developing a large number of digital services, electronic business models available on the Republic Geodetic Authority website and the new RGA Portal. One of the most significant innovations is the implementation of international ISO 9001, 27001, and 27701 standards, ensuring efficient information management, data protection, and improving the quality system in working with users and other interested parties. Also, by constantly monitoring the work of real estate cadastre services and introducing new forms of reports, a constant increase in the work efficiency of the cadastre has been achieved. This theme will present the challenges and opportunities that arise during the transition to a digitized cadastre, including privacy, accessibility, and employee training issues. Through comprehensive analysis, this theme provides insight into how real estate cadastre becomes a key pillar of modern property management in the 21st century.
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Pace, Stanley, and Arden Walters. "Repowering Fossil Steam Power Plants With Combustion Turbine-Based Technologies." In ASME 1996 International Gas Turbine and Aeroengine Congress and Exhibition. American Society of Mechanical Engineers, 1996. http://dx.doi.org/10.1115/96-gt-020.
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Increased competition fostered by changes in legislation governing power generation entities has engendered a need to closely assess the economics of operating older-electric generating units. Decisions must be made as to whether these units should be retired and replaced with new, greenfield generation capacity, whether capacity should be purchased from other generation companies, or whether such units should be repowered in some way. The repowering alternative has merit when economic factors and environmental considerations show it to project the least cost of electricity over other choices. The chief advantages of repowering, include use of existing real estate and infrastructure, existing transmission facilities and staffing. Since the repowered plant usually emits less stack gas pollutants per unit of energy generated then the original plant, environmental benefits can also accrue. Various types of gas turbine based repowering options for steam electric plants are presented. All the approaches discussed involve the addition of gas turbines to the cycle and the consequent benefit of some form of combined cycle operation. This option includes boiler retirement (and replacement with combined cycle), hot or warm windbox repowering (the boiler is retained and a gas turbine topping cycle is added), feedwater heating repowering (the gas turbine exhaust heats feedwater), and site repowering (only the site infrastructure is re-used as the site for a combined cycle). Business considerations are discussed in terms of their impact on the decision to repower and technology selection. An example involving feedwater heater repowering is used to illustrate the interaction between the business and technical aspects of repowering.
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Semyakin, Mikhail. "Reformation of the Russian Civil Code in the Context of Human Rights Protection." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-20.
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In connection with the reform of civil legislation, several amendments are being drafted into the Russian Civil Code, in particular into the institute of property rights, which need to be scientifically analysed from the perspective of ensuring that citizens’ rights are adequately protected. The study is to scientifically evaluate the proposed amendments, and to develop individual recommendations for their improvement. Besides general scientific methodology, the following specific scientific study methods were employed: dogmatic, formal-logic, comparative-legal, as well as methods of interpreting normative material and analysing court practice. In the context of the protection of the rights and legal interests of civilians, an analysis was carried out of the projected regulations on the institute of property rights and the individual novelties contained in the Law ‘On introducing amendments to Part One of the Civil Code of the Russian Federation’ have been examined. In general, the proposed amendments to the institution of proprietary rights implying the assurance of proper protection of rights of bona fide individuals are adequately protected. Particular attention was paid to certain contentious points between the designed amendments and effective legislative provisions, in particular those relating to the rights of the previous owner of the property and the good faith purchaser of the property in question. Recommendations regarding certain incorrect provisions were given, particularly in relation to recognising a real estate acquirer as a bona fide purchaser who relied on data from the state register until it is proven in court that he knew that there was no right to alienate the concerned property. The draft amendments are considered for the first time in the context of the proper protection of citizens’ rights and in close connection with the provisions of the Constitutional Court of the Russian Federation and the European principle of proportionality.
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Ambrosio, Eduardo. "OPERAÇÃO URBANA CONSORCIADA DA LINHA VERDE. Questões acerca de sua legislação." In Seminario Internacional de Investigación en Urbanismo. Universitat Politècnica de Catalunya, Grup de Recerca en Urbanisme, 2022. http://dx.doi.org/10.5821/siiu.12210.
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This paper discusses the assumptions defined by the regulation of the Urban Operation Linha Verde (OUC Linha Verde) in Curitiba, between 2011 and 2015. The various aspects that characterized the speeches and actions provided for by Laws N° 13.909/2011 and N° 14773/2015 which, respectively, originated and changed the OUC Linha Verde, allow the perception that the use of urban planning techniques, together with discursive strategies, arising from the legal field, contribute to the consolidation of a legitimizing scenario of the real estate market. The article consists of a brief presentation of the fundamentals of the urban project of the OUC Linha Verde, the results achieved, the regulation of its legislation, based on the concepts of some theorists who offer important analysis tools, notably in the form of categories, by the problematization of the land financialization process, highlighting the contradiction between exchange value and use value in the production of urban spaces. Based on this, one can observe the role of private property as a condition for the establishment of urban policies based on the financialization of urban production. Keywords: Urban design, urban law, urban operation, Linha Verde. O presente trabalho discute os pressupostos definidos pela regulamentação da Operação Urbana Consorciada Linha Verde (OUC Linha Verde) em Curitiba, compreendido o período entre 2011 e 2015. Os diversos aspectos que caracterizaram os discursos e as ações previstas pelas Leis N° 13.909/2011 e N° 14773/2015 que, respectivamente, originou e alterou a OUC Linha Verde, possibilitam a percepção de que a utilização das técnicas de planejamento urbano, em conjunto com as estratégias discursivas, oriundas do campo jurídico, contribuem para a consolidação de um cenário legitimador da atuação do mercado imobiliário. O artigo é composto por uma breve apresentação dos fundamentos do projeto urbano da OUC Linha Verde, dos resultados atingidos, da regulamentação de sua legislação, tendo como base os conceitos de alguns teóricos que oferecem importantes ferramentas de análise, notadamente na forma de categorias, pela problematização do processo de financeirização da terra, evidenciando a contradição entre valor de troca e valor de uso na produção dos espaços urbanos. Com base nisso, pode-se observar o protagonismo da propriedade privada como condicionante para o estabelecimento de políticas urbanas baseadas na financeirização da produção urbana. Palavras-chave: Projeto urbano, legislação urbana, operação urbana, Linha Verde.