scholarly journals Spółki handlowe a znowelizowana ustawa o kształtowaniu ustroju rolnego – uwagi z praktyki notarialnej

2020 ◽  
pp. 63-86
Author(s):  
Małgorzata Muszalska
Keyword(s):  
Real Estate ◽  
Significant Degree ◽  
The State ◽  
Agricultural System ◽  
The Real Estate ◽  
Management Board ◽  
National Centre ◽  
Legal Situation ◽  
The Right ◽  
A Company

The article deals with the problems encountered by commercial companies and their partners related to applying the provisions of the Act of 11 April 2003 on the structuring of the agricultural system following the amendment to this Act, which came into force on 26 June 2019. These problems concern the acquisition of agricultural real estate by commercial companies and the disposal of shares and stocks in capital companies already owning such real estate. In the latter case, issues relating to the State Treasury’s (the National Agricultural Support Centre) pre-emptive right and the right to acquire shares and stakes are analysed. The problems here relate mainly to the new procedure introduced by the amendment in question, including new obligations for the company’s management board. Furthermore, there is a discussion of the right of the State Treasury to acquire real estate of partnerships in the event of a change of partner or the accession of a new partner to such a company, as well as the new right to acquire the real estate of a company whose shares are permitted for organised trading. The study advances the thesis that while several facilitating measures have been introduced regarding the acquisition of agricultural real estate by commercial companies, the procedure related to the sale of shares of these companies has been complicated and prolonged to a significant degree. An obligation has been imposed on the management board of a company to collect numerous written documents and send them to the National Centre when the latter has the pre-emptive right or the right to purchase shares or stocks. This impacts negatively on the legal situation of the shareholder whose rights are transferred due to the lack of a deadline by which the company’s management board should submit the agreement to the National Centre. At the same time, the new procedure significantly lengthens the proceedings, generates costs and, above all, is completely unnecessary, as most documents are available in an electronic form. The National Centre also has access to the remaining documents. The new regulations have equipped it with the authority to inspect the books and documents of the company whose shares are being sold.

ZBYCIE AKCJI LUB UDZIAŁÓW W SPÓŁKACH BĘDĄCYCH WŁAŚCICIELAMI NIERUCHOMOŚCI ROLNYCH – WYBRANE PROBLEMY

2021 ◽  
pp. 9-21
Author(s):  
Jerzy Bieluk
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Agricultural System ◽  
Management Board ◽  
Contingent Liabilities ◽  
Commercial Company ◽  
The Subject ◽  
The Right ◽  
A Company ◽  
Statutory Regulation

Pursuant to Article 3a sec. 1 of the Act of 11th of April 2003 on Shaping the Agricultural System, the National Support Centre for Agriculture, acting on behalf of the State Treasury, has the right of pre-emption of shares in a commercial company within the meaning of the Act of 15th of September 2000, Code of Commercial Companies, if such a company is an owner or a perpetual usufructuary of either agricultural property with an area of at least 5 ha or agricultural properties with a total area of at least 5 ha. NSCA is not notified about its right of pre-emption by the shareholder but by the company whose shares are the subject of the conditional sale agreement. At the same time, the act imposes several obligations on the company’s management board related to the preparation of documents attached to the notification, the most far-reaching of which is the submission, under pain of criminal liability, of a statement on the amount of contingent liabilities of the company. The statutory regulation overburdens the company’s management board with the obligations related to the preparation of the notification and makes the trading of shares in commercial companies, owning or being perpetual usufructors of agricultural property, dependent on the actions of their management board. The management board may block the sale of shares. Such a concept is incomprehensible, illogical, and requires immediate modification.

scholarly journals CIVIL LIABILITY OF REAL ESTATE NOTARY IN JORDANIAN LEGISLATIONS: A COMPARATIVES STUDY: المسؤولية المدنية للموثق العقاري في التشريع الأردني: دراسة مقارنة

2021 ◽  
Vol 5 (18) ◽  
pp. 203-177
Author(s):  
Thamer Aref Jameel, Mohammed Hatem Al-byat Thamer Aref Jameel, Mohammed Hatem Al-byat
Keyword(s):  
Real Estate ◽  
Civil Liability ◽  
The State ◽  
Direct Result ◽  
Economic Openness ◽  
The Real ◽  
The Real Estate ◽  
The Law ◽  
The Right

  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.

Ustawowe i umowne prawo pierwokupu przysługujące dzierżawcy nieruchomości rolnych – wybrane problemy prawne

2021 ◽  
pp. 375-394
Author(s):  
Aneta Suchoń
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Third Party ◽  
Agricultural System ◽  
Business Activity ◽  
Legal Regulations ◽  
Legal Problems ◽  
Agricultural Support ◽  
The Right ◽  
In The Beginning

The article aimed to determine whether the legal regulations in the field of the statutory and contractual pre-emption right of a tenant of agricultural real estate provide adequate protection to dependent owners in terms of the possibility of acquiring such land and conducting business activity on it. Secondly, the paper indicated legal problems related to statutory and contractual pre-emption right of a tenant of agricultural real estate and suggested how those problems could be handled. In the beginning, the considerations focused on the statutory pre-emption right for agricultural real estate. It referred to a subjective and objective scope of the right in question, and an attempt was made to determine whether the leased land can be sold to a third party due to the obligation to run a farm in person (only the sale contract allows for exercising the pre-emptive right). Failure to perform the indicated obligations might result in the case being referred to the court by the National Center for Agricultural Support. The second part of the article discussed the contractual pre-emption right for agricultural real estate. The author pointed out the possible concurrence of the statutory pre-emption right of the National Support Centre for Agriculture and the contractual pre-emption right of the lessee. The paper also referred to the problems related to implementing this right due to the requirements that the buyer must meet. In summary, the author, among other things, pointed out the fact that the importance of the statutory pre-emption right of the tenant of agricultural real estate had been diminishing over the years. The position of the lessee of agricultural land in terms of purchasing agricultural land is weakening. Currently, in practice, tenants may rarely use the pre-emption right. The author proposed the introduction of a provision to the Act on Shaping the Agricultural System on an additional consent of the National Support Centre for Agriculture for the sale of real estate under a lease.

RUSSIAN REAL ESTATE MARKET STATE AND PROSPECTS

2021 ◽  
Vol 3 (5) ◽  
pp. 23-27
Author(s):  
V. A. ERONIN ◽  
◽  
O. E. EMELYANOV ◽  
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
The State ◽  
The Real ◽  
The Real Estate ◽  
The Real Estate Market ◽  
Market State

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

scholarly journals Social justice and the formal principle of freedom

2017 ◽  
Vol 28 (2) ◽  
pp. 270-284
Author(s):  
Olga Nikolic ◽  
Igor Cvejic
Keyword(s):  
Social Justice ◽  
Moral Obligation ◽  
Significant Degree ◽  
The State ◽  
Legal Obligation ◽  
Free Society ◽  
Robert Nozick ◽  
Formal Principle ◽  
The Right ◽  
Friedrich Hayek

The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek?s Law, Legislation and Liberty and Robert Nozick?s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1) the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2) the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant?s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant?s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.

scholarly journals A atuação do Montepio na produção estatal de habitação em João Pessoa de 1932 a 1963

2009 ◽  
Vol 11 (2) ◽  
pp. 95
Author(s):  
Angela Araujo Nunes
Keyword(s):  
Real Estate ◽  
The State ◽  
Housing Production ◽  
The Real ◽  
The Real Estate ◽  
The Public ◽  
Official Record ◽  
The City

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.

scholarly journals Civil Engineering Inspection for Real Estate Evaluation with the Use of Artificial Learning Algorithms and Fuzzy Logic

2020 ◽  
Vol 43 (338) ◽  
pp. 75-82
Author(s):  
Vladimir Surgelas ◽  
Irina Arhipova ◽  
Vivita Pukite
Keyword(s):  
Artificial Intelligence ◽  
Fuzzy Logic ◽  
Real Estate ◽  
Civil Engineering ◽  
Market Value ◽  
The State ◽  
The Real ◽  
The Real Estate ◽  
Technical Inspection ◽  
Physical Conditions

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.

Analysis of the Influence of Properties Management in the Region on the Transaction Prices Level of Unbuilt Land Properties – Case Study

2017 ◽  
Author(s):  
Monika Mika ◽  
Monika Siejka ◽  
Przemysław Len
Keyword(s):  
Real Estate ◽  
Urban Areas ◽  
Temporal Distribution ◽  
The State ◽  
Local Market ◽  
The Real Estate ◽  
Transaction Prices ◽  
State Of The Economy ◽  
Spatio Temporal ◽  
Real Estate Management

This article presents the results of analysis of the influence of selected economic, legal and environmental factors on the level of transaction prices of unbuilt land properties, in two randomly selected districts of the southern Poland. The results of the research allowed extraction of a group of factors influencing the spatial distribution of the average prices of the surveyed properties. They gave also the answer to the question about the extent to which the unit prices are confirmed by the state of properties management in the region. An analysis of the existing state in the selected region based on the analysis of the local market was performed. Furthermore, the conformity of local plans for the studied areas was examined, as well as an analysis of spatio-temporal distribution of transaction prices of real estate was performed. The research has shown that the level of transaction prices on the local real estate markets is related to the real estate management of the surveyed areas. The state of the economy is affected by many factors, most important of which seems to be the location in relation to urban areas and the condition of the access roads. The undertaken tests correspond with the directions of the world research.

scholarly journals Urban Heritage as Ethos in Resource-Based Small-Scale Property Management

2019 ◽  
Vol 11 (19) ◽  
pp. 5354
Author(s):  
Ingrid Martins Holmberg
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
Small Scale ◽  
The Real ◽  
The Real Estate ◽  
Construction Market ◽  
Urban Heritage ◽  
The Real Estate Market ◽  
Set Up ◽  
The Right

This study puts urban heritage in the setting of property owners’ small-scale and resource-based management of ordinary old buildings. This phenomenon indicates a need not only to reconceptualize urban heritage in its actual complex web of negotiations over constraints of the regulation (urban planning, including preservation) and economy (the real estate market) but also to pay attention to the emergence of a new ethos. The case concerns a Swedish second-city context and the specific moment in time: When the 1990s recession had disarmed the real estate market. Based upon ethnographic fieldwork, this study used an assemblage perspective to allow for a following of entanglements of material and matter. The study sheds light upon the emergence of a small-scale and resource-based management in the midst of managerially defined cycles of investment. Important for the output was 1) the set-up of a network of skilled craftsmen, antiquarians, and entrepreneurs ‘of the right mindset that enabled for the authentic material result but that also helped navigate regulation and financial parties, 2) the “alternative market for reverential maintenance and repair” that guaranteed the appropriate supply of materials, products, and skills that differed from the mainstream construction market. For the means of understanding the ethos involved, the study introduced the notion of “factual life-span of buildings”. The overall aim of this article was to contribute to research on heritage urbanism by adding a resource management perspective that focusses on the entanglements of material and matter.

scholarly journals Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

2021 ◽  
Vol 12 (3) ◽  
pp. 224-238
Author(s):  
Nikola Pacalajová ◽  
Martin Kubinec
Keyword(s):  
Czech Republic ◽  
Real Estate ◽  
Slovak Republic ◽  
Case Law ◽  
Legal Regulation ◽  
Judicial Activism ◽  
Public Records ◽  
The Czech Republic ◽  
The Real Estate ◽  
The Right

Abstract Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

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