The problems of bringing to justice those responsible for the errors and mistakes in the state real estate cadastre

10.12737/8985 ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 134-147
Author(s):  
Галина Землякова ◽  
Galina Zemlyakova

This article analyzes practice of application of measures of administrative and criminal liability to the cadastral engineers and officials of body of the cadastral account for mistakes in data on the land plots containing in the State cadastre of the real estate, and also norms of current legislation regulating features of application of civil liability to the federal budgetary institution which is carrying out functions of body of the cadastral account.

Author(s):  
Thamer Aref Jameel, Mohammed Hatem Al-byat Thamer Aref Jameel, Mohammed Hatem Al-byat

  The notary has enjoyed a privileged position in the legal system, and the work of the notary is considered a form of achieving justice, as this profession has an impact on society, as it is considered one of the most dangerous professions because the nature of the documentary’s work is based on establishing the rights of individuals in an official form such as the transfer of ownership, and given the importance of the documentary in The law has assigned the legislator a special protection for it and in return impose a penalty for everyone who prejudices the sanctity of the contracts notarized and concluded by the real estate notary, as the authority of the notary is considered the authority of the law, as the notary is authorized by the state and has rights and obligations regulated by law. Documentation has also become one of the basic factors in the lives of individuals and their relationships in society, as it has become a tool in the hands of the state to follow up and supervise legal work, and with the development of the notary’s work with social and economic openness, there has become a great demand for documentation by individuals in order to ensure their rights and obligations. It is considered a legal guarantee of individual rights (Makhlouf, 2015, p. 81). We conclude from this study that the notary is responsible for his professional mistakes towards his client, and for this reason the aggrieved (client) has the right to refer to the notary or the authority to which the notary is affiliated in his work based on the provisions of the responsibility of the follower for the fault of the follower, and the aggrieved party has the right to sue them together, as the aim of these The study is a statement of the civil liability that falls on the real estate notary and a statement of the duties and rights that he owes. As for the lawsuit for compensation for the damage that the client suffered against the notary, the law did not distinguish it with special provisions in terms of its prescription period, but rather subjected it to general provisions in the civil law, In order for the civil notary to be responsible, the general elements of any liability must be met, which are three pillars: First, the documentary error, whether intentional or not, and it occurred before the writing of the notary, or during its writing, or after the writing of that contract, and the criterion by which this error is measured is the behavior of the notary Average in terms of adequacy, and that the damage is realized and is a direct result of that error.


2021 ◽  
Vol 3 (5) ◽  
pp. 23-27
Author(s):  
V. A. ERONIN ◽  
◽  
O. E. EMELYANOV ◽  

The article considers the state, main problems and prospects of development of the real estate market in Russia in modern conditions.


2009 ◽  
Vol 11 (2) ◽  
pp. 95
Author(s):  
Angela Araujo Nunes

Este trabalho objetiva o exame da atuação da Carteira Imobiliária do Montepio do Estado da Paraíba na produção estatal de habitação na cidade de João Pessoa, de 1932 a 1963, período entre a designação da instituição para a produção de moradias em benefício do funcionalismo público até sua última realização antes da criação do BNH. Através de exaustiva pesquisa documental, realizada em acervos locais, e tendo como principal fonte o jornal A União, registro oficial das realizações do Executivo estadual, foram recolhidos dados sobre as realizações habitacionais do instituto, possibilitando a identificação das suas vilas e conjuntos populares e, posteriormente, a classificação das unidades construídas e a reconstituição da planta e fachada originais. Palavras-chave: Montepio; João Pessoa; carteira imobiliária; habitação popular. Abstract: This work analyzes the constructive actuations of the real estate portfolio of Montepio Paraíba State in the statal housing production in the city of João Pessoa, from 1932 to 1963, established between the institutional designation for the production of housing in benefit of the public functionalism and its last popular realization before the work of BNH. Through exhausting documental research, done in local collections and especially through the newspaper A União, official record of the realizations of the state executive, data was found regarding the realizations of the housings by the institution, identifying the cities and popular aggregation and later on classifying the built unities and the reconstitution of thehouse plans and the front elevation. Keywords: Montepio; João Pessoa; real estate portfolio; popular housing.


2020 ◽  
Vol 43 (338) ◽  
pp. 75-82
Author(s):  
Vladimir Surgelas ◽  
Irina Arhipova ◽  
Vivita Pukite

AbstractThe technical inspection of a building carried out by an expert in civil engineering can identify and classify the physical conditions of the real estate; this generates relevant information for the protection and safety of users. Given the real conditions of the property, and for the real estate valuation universe, using artificial intelligence and fuzzy logic, it is possible to obtain the market price associated with the physical conditions of the building. The objective of this experiment is to develop a property evaluation model using a civil engineering inspection form associated with artificial intelligence, and fuzzy logic, and also compare with market value to verify the applicability of this inspection form. Therefore, the methodology used is based on technical inspection of civil engineering regarding the state of conservation of properties according to the model used in Portugal and adapted to the reality of Latvia. Artificial intelligence is applied after obtaining data from that report. From this, association rules are obtained, which are used in the diffuse logic to obtain the price of the apartment per square meter, and for comparison with the market value. For this purpose, 48 samples of residential apartments located in the city of Jelgava in Latvia are used, with an inspection carried out from October to December 2019. The main result is the 9% error metric, which demonstrates the possibility of applying the method proposed in this experiment. Thus, for each apartment sample consulted, it resulted in the state of conservation and a market value associated.


Digitalization has reached the German real estate market. IT requirements have to be defined and followed. The state, companies and private households must implement appropriate requirements and take measures to jointly guarantee data protection and data security to be armed against cybercrime, and thus promote digitalization. Suitable measures will be examined here. IT facilitates many things but is also an instrument that can be abused also exploited, as it is operated by people. To be able to implement constant and secure overall solutions and concepts, this paper examines individual aspects in more detail and provides appropriate recommendations


2020 ◽  
Vol 11 (25) ◽  
Author(s):  
Luciane Oliveira Gemnizack ◽  
Juliane Altmann Berwig

Para acompanhar o avanço da tecnologia e as novas demandas da sociedade, foi instituído o registro eletrônico de imóveis. Com ele, os serviços prestados pelo registro de imóveis serão realizados de forma mais ágil e eficaz, pois diminuirá custos e burocracias para aquisição de documentos e informações, além do controle dos serviços, que serão realizados, inteiramente de maneira eletrônica. No entanto, em virtude desse avanço tecnológico, algumas preocupações recaem sobre os registradores. Dentre elas está a preservação da segurança jurídica e a consequente responsabilidade civil, que mesmo constando expressamente em lei suas diretrizes, ainda pairam inúmeras discussões. Objetiva-se explanar sobre a responsabilidade civil que recai sobre o Oficial, considerando que inexiste norma regulamentadora específica com relação ao registro eletrônico. A metodologia utilizada foi a pesquisa exploratória e descritiva, além dos métodos histórico e dedutivo. Como resultado preliminar, pode-se apontar que, alguns doutrinadores entendem que o registro eletrônico acarretará certa insegurança aos atos praticados, uma vez que os dados estarão circulando na rede. Porém, a maioria acredita que cabe a eles, a função de se adequar às exigências legais, ressaltando a importância e valorizando os inúmeros benefícios que o registro eletrônico proporcionará a todos.


2015 ◽  
Vol 22 (4) ◽  
pp. 35-50 ◽  
Author(s):  
Tomasz Adamczyk ◽  
Agnieszka Bieda

Abstract Constitutional transformation in Poland, which took place at the turn of the eighties and nineties of the past century, was directed, among others, at creating a civil society and a free market. Changes in people’s mentality quickly brought about economic changes based on the concept of private ownership. Yet one should remember that in the period preceding this time, personal assets were significantly limited. Many people’s assets were repossessed by the state in nationalization or expropriation processes. Present regulations permit getting these assets back. This is possible in cases when the repossessed real estate was misused with the purpose of expropriation, or it became needless. Real estate is also reacquired via invalidation of administrative decisions or provisions of law. Real estate owners and their legal successors can apply to get back real estate. It is possible to get compensation for assets which cannot be taken back in actuality, which should correspond with the actual value of the lost rights. The level of compensation should be determined on the basis of real estate market value. This value is determined for the day the decision to determine compensation is issued, taking into account the state and purpose of the real estate on the day the document approving the repossession of the real estate was prepared. The authors present changes in law provisions connected with spatial planning in Poland from the year 1946, when the first decree connected with this topic entered into force, to this day. They describe documents kept in state archives which should be used by valuers. They also show, on the basis of examples, how important the correct determination of the intended use of real estate is, taking into account documents that have been created over the years.


Author(s):  
Aija Livziniece

The corroboration of real estate in the land register is one of the oldest and most developed legal sectors, since nearly every resident owns real estate. The real estate sector developed distinctly after the restoration of Latvian independence due to the fact that the private property was restored. Therefore, the State administration introduced the land register system which records real estate and strengthens the rights associated to it, creating a mechanism for ownership protection. People currently lack the understanding of ownership strengthening through the land register and the importance of recorded information, which is reflected on the land register public credibility principle.


2018 ◽  
pp. 39-42
Author(s):  
M. S. Akimova ◽  
N. Yu. Ulitskaya ◽  
I. T. Loza

In article the institutional changes which have happened in the state cadastral assessment and their influence on the taxation of real estate objects are considered. Increase in tax assignments due to change of the state cadastral assessment in the Penza region is according to official figures predicted.


Author(s):  
Boris Bedin

The housing problem is relevant for many countries, including Russia. The solution of this problem is impossible without active and meaningful participation by the state. The residential real estate market has specific characteristics that significantly distinguish it from other markets. The article highlights the features of the residential real estate market as an object of government regulation. The author describes specific features of the government as a subject of management of the residential real estate market, substantiates rationale for the active participation of the state in the management of the real estate market, and outlines possible directions of government regulation of the residential real estate market. The author also describes the Russian experience of implementing certain measures in the framework of direct and indirect forms of government regulation of the residential real estate market as well as the results of such events.


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