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Dissertations / Theses on the topic 'Real estate business, law and legislation'

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1

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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2

Xu, Huan. "Do contrato de mediacao imobiliaria." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3537098.

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3

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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4

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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5

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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6

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, 2020
Thesis: 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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7

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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8

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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9

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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10

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.
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Wong, Yun-chuen, and 王潤泉. "Legislative and administrative changes in transition: a case study of property management service in Macau,1994-2004." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B45009107.

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12

Chan, Pak-hay Simon. "The impacts of the town planning ordinance on the real estate industry : a focus on the impact of the Town Planning (amendment) Ordinance (1991) /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B25939427.

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13

Falegård, Sanna, and Dilip Elisson. "Säkrare budgivning med ny fastighetsmäklarlag?" Thesis, University West, Department of Engineering Science, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hv:diva-1648.

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Mäklarbranschen har varit omskriven i media de senaste åren och förra året presenterades det nya lagförslaget på en ny fastighetsmäklarlag. I dag finns det ingen lag som reglerar mäklarens skyldighet att uppvisa budgivningslista efter avslutad budgivning. Dock säger det nya lagförslaget: ”En fastighetsmäklare ska vara skyldig att dokumentera budgivningsprocessen och att överlämna dokumentationen till köparen och säljaren när överlåtelseavtalet är slutet, den ska också syfta till att hindra mäklaren att presentera luftbud och därigenom pressa upp priset.” Syftet med uppsatsen är att ta reda på om lagförslaget kommer att resultera i tryggare budgivningar. Vi vill även ta reda på hur mäklarna ställer sig till budgivningsförfarandet i den nya lagen samt om deras förtroende kommer att stiga hos presumtiva köpare. Avslutningsvis vill vi även ta reda på om köparnas syn på budgivningar kommer att förändras med den nya lagen. Vi har arbetet med artiklar, studerat lagtext, utredningar, remissvar, mailkontakter samt genomfört djupintervjuer med fastighetsmäklare, köpare och en jurist. Mottagandet av den nya mäklarlagen är positivt från nästan alla håll. Man tror på ökat förtroende och en tryggare budgivning i samband med denna lagändring. Vår åsikt är att köparnas syn på budgivningar i framtiden kommer att förändras när de känner en ökad säkerhet med kommande lagstiftning.


The real estate industry have been well publicized in the media the recent years and last year a new draft law of the new real estate agent law were presented. Today there is now law governing the broker’s obligation to present the bidding list upon completion of bidding. However, the new draft law says: ”The broker should be obligated to document the bidding process and when the agreement is met, give the information to the seller and buyer, it should also aim to prevent the broker to present fake bids and thereby push up the price.” The purpose with this essay is to find out if the new law will result in safer auctions. We also want to find out how the real estate agents’ attitude to the bidding procedure in the new and if their trust will rise in potential buyers. Finally, we also want to find out whether the new law will change the buyers’ view on the bidding process. We have been working with articles, studied the text, inquiries, responses, email contacts, and conducted interviews with real estate agents, buyers and a lawyer. The reception of the new law is positive from almost all quarters. Due to the legislative change the, belief is that the trust will rise. The buyers’ view of the bidding process in the future will change when they feel greater safety in future legislation.

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14

Van, den Haute Erik. "Harmonisation européenne du crédit hypothécaire: perspectives de droit comparé, de droit international privé et de droit européen." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210458.

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La réalisation du marché intérieur européen par une meilleure intégration des marchés financiers est aujourd’hui devenue une réalité. L'objectif est toutefois loin d'être atteint en matière de crédit hypothécaire, nonobstant de nombreuses initiatives européennes. Compte tenu de ces difficultés et du postulat selon lequel il serait impossible d'harmoniser le droit des suretés immobilières en raison de leur ancrage culturel et national, une proposition alternative consistant dans la création d'une sûreté immobilière commune (euro-hypothèque), venant se superposer aux systèmes nationaux, a été formulée depuis un certain nombre d'années. La recherche analyse dans un premier temps la réalité du postulat précité à la lumière du droit comparé et conclut qu'en réalité, les différents systèmes trouvent non seulement leur origine dans un modèle identique, fondé sur le caractère accessoire de la sûreté, mais ont en outre connu une évolution similaire au cours de ces dernières années. Il apparaît que ce modèle constitue la meilleure base pour toute harmonisation européenne. Après avoir examiné l'interaction avec le droit international privé, sous l'angle de la protection du consommateur, et le droit européen, sous l'angle de la question de la compétence communautaire et du principe de subsidiarité, des pistes sont proposés pour opérer un rapprochement des législations nationales relatives au crédit hypothécaire. La proposition consiste à intégrer dans un seul instrument juridique contraignant (une directive européenne) les différentes propositions permettant d'opérer un rapprochement des législations nationales à trois niveaux :celui de la sûreté immobilière et de la publicité foncier, celui du contrat de prêt et enfin, celui relatif à la procédure de réalisation de l'immeuble.
Doctorat en droit
info:eu-repo/semantics/nonPublished
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15

Ho, Sing-hung Echo, and 何醒紅. "Governmental regulation in the property management industry: a case of the building management ordinance." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31968053.

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16

陳柏熙 and Pak-hay Simon Chan. "The impacts of the town planning ordinance on the real estateindustry: a focus on the impact of the TownPlanning (amendment) Ordinance (1991)." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31257045.

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17

Mallchok, Parker. "Should I Stay or Should I Go? How Land Use Regulation Impacts Housing Choice." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1474.

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Ideally, land use policies correct for negative externalities. However, the barriers they impose on individuals and communities have serious implications. Existing studies on this topic focus on singular, specific areas because land regulation is determined at the local level and varies extensively across the nation. Furthermore, current housing literature focuses on the “norm” of single family housing. This ignores the changing attitudes toward different types of dwellings. My study examines local regulatory environments across the nation by using Gyourko et al. 2008’s Wharton Residential Land Use Regulation Index, which develops a comparative scale for the otherwise impossibly varied regulatory environments. I also use micro data from the American Community Survey to see individual housing choices. Then, with a custom-made dataset from these two sources, I use empirical regression analysis to study the effects of land use regulation on people’s housing decisions, specifically the choice between a single-family house and a multi-family apartment complex. My results show that more restrictive regulation makes a person more likely to rent their home as well as occupy a multi-family apartment complex as opposed to a single-family home.
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18

Choy, Emmett. "Hong Kong's Economic Freedom and Income Inequality." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/718.

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Hong Kong is considered to be the most economically free country in the world, but also has the highest amount of income inequality of any developed country. The Hong Kong government is able to sustain laissez faire policies due to its monopoly on land supply. Maintaining high property values allows the government to maximize revenue from property tax, which acts as a hidden tax. A major contributor to income inequality is the formation of oligopolies in Hong Kong that creates an anticompetitive environment. The interests of the government and oligarchs are aligned as both obtain significant portions of revenue from the property sector. As globalization makes Hong Kong even more vulnerable to external shocks, the government faces the challenges of increasing competition, diversifying its revenue streams, and closing the income gap while standing by its principles in order maintain regional competitiveness as an international business hub.
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Brinck, Christine, Johanna Lindau, and Anna Kjellström. "Fastighetsmäklarlagens tillämpningsområde : En analys av kommersiell fastighetsförmedling med utgångpunkt i Svea hovrätts mål nr B 4377-14." Thesis, Linköpings universitet, Affärsrätt, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-119485.

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I skrivande stund föreligger viss oklarhet vad gäller fastighetmäklarlagens (2011:666) tillämpningsområde. I ett avgörande från Svea hovrätt[1] har problematiken kring huruvida fastighetsmäklarlagens bestämmelser är tillämpliga på kommersiella fastighetsförmedlingar konkretiserats. Frågeställningen har varit föremål för diskussion i motiven till fastighetsmäklarlagen, och efter hovrättens avgörande gett upphov till livlig debatt. Lagutskottet har i förarbetena till lagen framhållit att det inte kan betraktas såsom rimligt att man, i samband med en fastighetsförmedling vid en inkråmsaffär, ska vara tvungen att anlita både en företags- och en fastighetsmäklare eller att valet av överlåtelseform[2] ska tillmätas någon betydelse. Regeringen var av samma åsikt som Lagutskottet, men påpekade att det i praktiken ändå oftast anlitas advokater vid förmedlingar av denna typ. Någon särreglering av kommersiell fastighetsförmedling var därför inte på tal, enligt regeringen. Hovrätten valde i domskälen till förevarande mål att tillmäta det “värdejämförandebedömningskriterium”, vilket återfinns i förarbetena till fastighetsmäklarlagen, betydelse. Detta kriterium har av två förespråkare från Mäklarsamfundet kritiserats och domen är, enligt dem, att anse såsom “rättpolitiskt olämplig”. Vi har i analysen intagit ståndpunkten att domen inte är självklar, men att den går att anse som korrekt, vilket även en i uppsatsen omnämnd doktorand i mäklarrätt ansett, ur ett rättskälleperspektiv. Genomgående har vi eftersträvat att, i uppsatsen, utreda vilket tillämpningsområde fastighetsmäklarlagen har. Beroende på målets utgång i Högsta domstolen, vilket förväntas komma tidigast under sommaren 2015, kan det komma att stå klart huruvida en jurist är behörig att förmedla inkråm med tillhörande fastighet. Rättsläget är tillsvidare oklart med anledning av de i analysen, enligt oss, möjliga tolkningsförfaranden, vilka finns att tillgå vid fastställandet av gällande rätt. För att bemöta problematiken på detta område har vi resonerat kring vilken utformning lagen bör ha, för att i framtiden tillvarata de intressen som är i behov av en lagreglering. Sammantaget har vi, trots allt, ansett en avreglering av kommersiell fastighetsförmedling såsom bäst lämpad.   [1]Mål nr B 4377-14. [2]Härvid åsyftas andels- eller inkråmsaffär.
At the time of writing there is some ambiguity in terms of the Estate Agents Act´s (SFS 2011:666) scope. In a ruling by the Svea Court of Appeal[1] the problem of whether the real estate brokerage Act's provisions apply to commercial real estate agencies has materialized. The issue has been discussed in the preamble to the Estate Agents Act, and raised to a lively debate after the decision in the Court of Appeal. Committee on Civil Law has stated in the legislative history of the Act that it can not be regarded as reasonable that one, in an asset deal, is forced to hire both a business and a real estate agent or that the choice of the transfer form, share or asset deal, will attract some importance. The Government was of the same opinion as the Committee on Civil Law, but pointed out that in practice lawyers in offices, of this type, are often hired. No special regulation of commercial real estate was deemed necessary according to the Government. In the foundations of the decisions of the present case, the Court of Appeal decided to measure the "dividing line criterium” importance. The criterium is found in the legislative history of the Estate Agents Act and has been criticized by two proponents from the Association of Swedish Real Estate Agents. The judgment is according to the proponents considered as "inappropriate according to a legal source perspective". In the analysis we have taken the standpoint, that the judgment is not obvious but that it can be regarded as correct. A standpoint also shared with a graduate student in brokerage right, mentioned below.  Throughout this essay we have endeavored to explore which scope the Estate Agents Act has. Depending on the outcome of the case in the Supreme Court, which is expected at the earliest in summer 2015, it may come to be clear whether a lawyer is authorized to convey property associated with assets. The legal position is also, according to us, unclear because of the in the analysis possible interpretation procedures, which are available in the determination of the applicable law. In order to address the problems in this area we have discussed which design the Estate Agents Act should have, in order to ensure the interests which in the future are in need of legal regulation. After all we have considered the deregulation to be the best suited. [1]Objective no. B 4377-14.
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20

Páč, Lubor. "Analýza možností zkvalitnění služeb v oblasti zprostředkování obchodu s nemovitostmi v podmínkách České republiky." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2013. http://www.nusl.cz/ntk/nusl-232752.

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The aim of this diploma thesis is to analyse development in arranging of the real estate transactions in the Czech Republic after 1989 and describe contemporary condition. Contemporary condition was analysed as unsatisfactory. There does not exist any law that would regulate real estate market, neither is there a duty to proof a professional training or ability for the business. Real estate agencies do not have a good reputation in the Czech Republic and with many citizens they are unfavourable. As a reaction upon contemporary unsatisfactory situation, the Economic Bureau of the Czech Chamber of Deputies elected an operative group that is supposed to maintain a survey of the contemporary situation in the real estate market and suggest possible solutions. This work aims also to analyse the suggested solutions and to supply solutions that would be missing.
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Wong, Wing-lok, and 王榮樂. "An analysis of the impact of the Building Management Ordinance on owners' incorporation." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B3196834X.

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22

熊壯. "論現代建築物區分所有權的結構及相關問題 = On the structure of the modern building's differentiation droit and related problems." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120090.

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23

Atwong, Andrew. "Proximity to Children: A Geospatial Approach to Understanding the Relationship between Fast Food and Schools." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1362.

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In a time when Americans are waking up to the health consequences of consuming fast food, researchers have discovered that fast food restaurants seem to be located in greater concentrations near primary or secondary schools. While this phenomenon affects the food environments of some children and carries implications as to their short term and long term health (which has also been well researched), this paper focuses primarily on fast food restaurants that are within walking distance of schools. Using Geographic Information Systems (GIS) to integrate geospatial, business, demographic, and food quality data, I use linear regressions to examine whether and which fast food restaurants achieve greater sales by being closer to schools. By including an interaction term in my regressions, I find that low-quality, unhealthy fast food restaurants are rewarded with higher sales when in proximity to schools than identical restaurants that are farther away. Conversely, higher-quality fast food establishments actually earn lower sales when in proximity to schools. This paper adds to the existing literature by using fast food sales near schools to infer the dietary choices of children, evaluate the success of location strategies employed by the fast food industry, and offer new insights to public health professionals.
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Blomqvist, Fredrik. "FÖRESTÄLLNINGAR OCH INTRESSEN : En fallstudie utifrån Advocacy Coalition Framework av en lokal policyprocess om expropriation." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-274988.

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This paper examines the viability of the Advocacy Coalition Framework(ACF) by applying it in a single case study. The aim is to advance the framework’s theoretical understanding of the policy process and its usefulness for analyzing local policy contexts. The case addressed is a long-spun policy conflict regarding the use of compulsory acquisition of real estate by a Swedish municipality for the sake of local business development. Analyzed data consisted of the municipality diary on the issue, correspondence between actors, public statements, official and internal documents and interviews with actors and non-actors. The ACF is a good starting point for understanding this local policy process, largely because of the great flexibility of its concepts. However, its basic assumptions on beliefs cannot fully explain observed events. Relating to this, the paper has five main findings. First, although beliefs play an important role in forming policy action, so does interests. Second, a conjunction of beliefs and self-interest is an important condition for some actors’ actions. Third, coalition formation is not dependent on similarity of beliefs but on similarity of policy objectives. Fourth, policy objectives are resultant of beliefs for some actors, of self-interest for others and for yet others the result of both. Therefore, actors in coalition act to achieve the same policy objectives but not necessarily for the same reasons. Fifth, one non-actor refrained from policy action in spite of strong policy core beliefs due to the policy process not being a zero sum game for this non-actor. This paper supports recent studies proposing the incorporation of interests into the ACF. For further development of the ACF the paper suggests further research to answer two generic questions: What is the relationship betweeninterests and beliefs? Are potential actors more likely to take policy action inzero sum game policy processes? For the ACF to cope with certain conditionsin local contexts the paper suggest further research into the question: Is the level of abstraction of policy issues key in understanding the involvement of legal and natural persons and their basis for policy action?
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Gee, Karen. "Professionalism, self-regulation, and the problem of dual agency : the residential real estate industry in British Columbia." Thesis, 2004. http://hdl.handle.net/2429/15451.

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This paper contributes to the discussion about reforming the legislation governing real estate marketing in British Columbia. In March 2003, the government announced its proposals to amend the existing Real Estate Act with the objective of protecting the public and preserving its confidence in the real estate sector by providing a "least cost" regime, promoting competition among participants, and providing a flexible, accountable regulatory framework. Interested parties were invited to comment on a proposed direction for reform. A recent public opinion survey conducted by the British Columbia Real Estate Association indicated significant concern about realtors acting for both a purchaser and a vendor of the same property. Those with concerns feared possible conflicts of interest between realtors and their clients. Despite these results, the real estate industry did not address these concerns. Instead, the industry endorsed dual agency - the practice of acting for both a purchaser and a vendor in a single transaction - and claimed that to ensure professionalism for realtors, the industry had to be self-regulating. In May 2004, the government passed the Real Estate Services Act granting self-regulation to the industry. This paper questions the appropriateness of the government's grant of self-regulation to the industry. It reviews the literature on professionalism and the conditions under which it is appropriate to grant self-regulation to an occupational group. It discusses how the real estate industry has attempted to gain recognition as a profession and the problems that the practice of dual agency poses to consumers i f the industry is to be self-regulating. This paper concludes that the paramount purpose of occupational regulation should be to protect the public from harm, not to benefit or to reward practitioners. Self-regulation should only be granted to an occupational group with a genuine and demonstrated willingness to act in the public interest. Recommendations are offered to the government to reconsider its actions and to consider abolishing the practice of dual agency and adopting reforms that favour consumer interests in residential real estate transactions.
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Julyan, Leoni. "The effect of value-added tax on small to medium-sized developers of residential properties in South Africa." Diss., 2001. http://hdl.handle.net/10500/966.

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This dissertation deals with the effect of value-added tax on small to medium-sized developers of residential properties in South Africa. Firstly, the way value-added tax is applied to residential properties in South Africa was established. It was ascertained that no special concessions exist with regard to housing. Secondly, the application of value-added tax to residential properties in the United Kingdom was discussed. It was ascertained that supplies relating to new residential premises are zero-rated. Thirdly, the application of goods and services tax to residential properties in Canada was discussed. Canadian goods and services tax and harmonious sales tax legislation contains a broad range of special concessions relating to residential property developments. The harmonious sales tax which applies in some provinces, is a combination of goods and services tax and a provincial sales tax. Fourthly, the way goods and services tax is applied to residential property developments in Australia was determined. Australian legislation provides for a margin scheme to be applied to the development of residential properties. In terms of the margin scheme, goods and services tax is payable on the basis of profit rather than turnover. Transfer duty as applied in South Africa was examined as an alternative to the value-added tax being applied on residential properties developed by developers registered for value-added tax purposes. The legislation with regard to developers of residential properties registered for value-added tax, goods and services tax and harmonious sales tax purposes was measured against the principles of taxation. On the basis of these results, an alternative to the current application of value-added tax relating to developers registered for value-added tax purposes in South Africa was proposed that would be in line with that of the selected countries.
Economics
M. Com. (Accounting)
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27

Zwane, Busisiwe Jacobeth. "Tax legislation and unlisted real estate funds." Thesis, 2016. http://hdl.handle.net/10539/22666.

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Research Report submitted for the Master of Science in Building in the field of Property Development and Management at the School of Construction Economics and Management, University of the Witwatersrand, 2016
On the 4th of July 2013, the South African National Treasury introduced the Taxation Laws Amendment Bill. The purpose of the amendment bill was to introduce new anti-avoidance rules into the Income Tax Act No. 58 of 1962 (the Act) in order to reduce the formation of equity instruments that are falsely masked as debt instruments. The amendment bill contains sections 8F and 8FA which have unintended consequences for the real estate industry, more specifically for the unlisted real estate sector. The application of sections 8F and 8FA of the Taxation Laws Amendment Act, has been suggested to have a negative impact on the returns of unlisted real estate funds. The legislation appears to provide tax relief to real estate investment trusts (REITs) and this is perceived as grossly biased and discriminatory against unlisted real estate funds. The Investment Property Databank (IPD) South Africa estimates the unlisted real estate market in South Africa makes up 46% of the property market. When pension funds and banks, short term and long term insurers, private investors and government are included, the unlisted real estate market is possibly larger than the listed real estate market. Despite the numerous listings of real estate investment trusts South Africa has seen over the last ten years, the listed real estate market is still in its infancy stage and accounts for a very small percentage of the property market in South Africa. This indicates the important role unlisted real estate funds play in the South African property market. The purpose of this study is to find out whether the application of the tax legislation has had any effect on the performance of South African unlisted real estate funds. This study evaluates the investment performance of the unlisted real estate funds and real estate investment trusts (REITS) through the implementation of descriptive statistics, and the event study methodology to indicate whether there is a significant relationship in the returns of unlisted real estate funds and tax legislation. The study finds that tax legislation imposed on South African unlisted real estate funds has had no significant impact on the return performance of unlisted real estate funds. The study also finds that the returns of unlisted real estate funds are very competitive with the listed real estate returns listed on the Johannesburg Stock Exchange.
MT2017
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28

Hsu, Wei-Lun, and 徐偉倫. "Business Models and Competitive Strategies of Real Estate Management Company under the Corporation Law system ─ A case study of Shin Kong Real Estate Management Company." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/783tu2.

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碩士
淡江大學
國際企業學系碩士在職專班
102
The primary objective of this study is to examine the business positioning and the business model of real eatate management companies under the Corporation Law systems. The four main sections are included: 1.Overview the business position and interactions with in the real estate management system. 2.Analysis of the business situation and the potential problems of the real estate management market. 3.Evaluation the strength and the weakness of the real estate management companies return to the corporation law system. 4.Exploration to the business models and the future development direction of the real estate management market. This research is followed by analysis of business models to explore competitiveness through the case analysis of Shin Kong Real Estate Management Company. By the analysis to discuss how to gain enterprise key competency in the business scope by the Vertical Integration of Conglomerate resources enhance to explore Differentiation Strategies of the real estate management market. It will be provided the enterprise for reforming and planning the dominant strategy of real estate management system.
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29

Kihato, Michael. "Integrating planning and environmental issues through the law in South Africa : learning from international experience." Diss., 2013. http://hdl.handle.net/10500/8612.

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South African law treats planning and the environment separately, causing considerable problems when developing land. Concerns in this regard are worldwide and various approaches have been adopted to solve them. This research seeks to explore what legal solutions can be provided using some international examples, fitting them within the unique governance, historical and legal context of South Africa.
Jurisprudence
LLM
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30

O'Donnell, Tayanah. "Exploring a coastal lawscape : a legal geography of coastal climate change adaptation in two New South Wales localities." Thesis, 2017. http://hdl.handle.net/1959.7/uws:47537.

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As the world is reshaped by global warming, both private and public actors must adapt to environmental changes in coastal localities. Coastlines are already experiencing significant impacts from climate change including an increase in floods and coastal storms and continuing coastal erosion. The central project of this dissertation is to understand how climate change adaptation strategies are framed by different policies and laws, how these strategies are negotiated by the relationships between local councils, state policy and private property owners, and by cultural understandings of property, climate change and the material environment. This dissertation undertakes empirical research in two coastal localities where there has been significant debate and contestation over how climate change adaptation measures are to be implemented. It describes and analyses relevant land use planning law and common law doctrines designed to respond to changes in private property title for waterfront property. It argues that government climate change adaptation policies and regulations ought not to disproportionally benefit private parties who own coastal property, notwithstanding significant social, cultural, political and economic pressures on public authorities to protect private property investments. In addition, the dissertation argues that coastal climate change adaptation ought to take into account the interplay between a variety of interests and factors to advance knowledge of the relationships between private interests and political actors, and of the ways in which these groups utilise existing laws, policies and discourses of property to shape adaptation outcomes. This dissertation is interdisciplinary and adopts a range of social research methods to explore a legal geography of coastal climate change adaptation including qualitative research, document analysis, and legal analysis, insofar as the latter informs the sociality of law. The rationale for the research design is to ensure a relational view of law, property and place, and as between persons and interests in coastal climate change adaptation. The dissertation makes three key findings. First, coastal management laws in New South Wales have sought to take account of the many competing interests in the coast, with several iterations of law reform. By adapting such reforms to allow for mechanisms such as rolling easements, law remains a potential enabler of climate change adaptation. Second, the dissertation shows that discourses of private property, which have dominated Australian land use planning since the formation of the state, have underpinned governmental responses to climate change. This has impeded the effectiveness of land use planning as a tool to facilitate climate change adaptation. This undermining of land use planning is evidenced by tensions between expert discourse and political expediency, and is justified by rationalising decision-making with reference to fears of potential legal liability for land use planning and development decisions. Third, informing residents’ engagement with climate change adaptation policy are perspectives of property as an asset and instances of place attachment, underpinned by perceptions of environmental change and climate impacts. Residents in both localities express desires for regulatory intervention in protecting their own properties from climate impacts, but favoured no intervention in the provision of broader coastal protections. This disjunct is, in some instances, underpinned by ‘Not In My Back Yard’ (NIMBY) attitudes toward sea level rise. Ultimately, the dissertation finds that coastal climate change adaptation is complicated by multiple factors: the challenges of applying uniform laws in dynamic physical environments; varied interpretations of the same laws in different localities; social power and the use of litigation to enforce that power; and the ways in which governments frame and perpetuate cultural property discourses where these discourses prioritise private property rights. This dissertation demonstrates that exploring the interplay between these factors can contribute to a better understanding of the relationship between law, people, governments, property and the coast—a relationship that can be usefully categorised as a ‘coastal lawscape’. In doing so, the dissertation contributes to both legal geography scholarship and to the understanding of the drivers of, and barriers to, climate change adaptation.
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31

Whitfield, Royden Bryan. "Taxation implications arising from South African residents owning or having a tax interest in fixed property in Greece." Diss., 2008. http://hdl.handle.net/10500/2202.

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This study investigates, identifies and provides flowchart summaries of the various forms of taxation in South Africa and to a lesser extent Greece affecting South African residents who own or have financed fixed property in Greece. These residents have to comply with the Income Tax and Estate Duty Acts in South Africa and the relevant taxation laws in Greece. An amnesty gave South Africans an opportunity to voluntarily declare their fixed properties and to regularise their foreign assets and tax affairs without the fear prosecution. The practical application of the various taxation provisions in both countries is extremely complex and often residents are not even aware that certain provisions apply to them. In addition there is the risk of paying nearly double the marginal rate of Income Tax and Estate Duty in South Africa and double taxation on donations. This study also provides suggestions and possible solutions to problems identified.
Taxation
M. Tech. (Taxation)
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32

Hiepner, Albert James. "A critical review of the source and residence principles of taxation of income : a place for both principles in the South African tax system?" Diss., 1997. http://hdl.handle.net/10500/16948.

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In support of a short dissertation entitled - "A critical review of the source and residence principles of taxation of income : A place for both principles in the South African tax system?" Qbjeetives To review and critically examine the application of the source and reside.nce principles regarding the taxption of income in South Africa, and to reveal the extent of the existence and application of a hybrid tax system in respect of the source and residence principles. To examine the legal principles and policy considerations arising from the existence of a hybrid tax system, inter alia, in the context of the Fifth Interim Report of the Katz Commission and consequent legislative developments. with a view to recommending. where appropriate, tax reform. Methodology iDd AQProach A review of relevant authority,liter@ture, principles and legislation. Conclusion To draw conclusions and recommendations regarding the merits of adopting a hybrid system in South Africa and, where appropriate, recommend legislative reforms particularly with regard to business income.
Mercantile Law
LL.M. (Mercantile Law)
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