scholarly journals Jezioro jako nieruchomość?

2019 ◽  
pp. 91-112
Author(s):  
Anna Klimach ◽  
Katarzyna Bagan-Kurluta

The surface of the earth is very diverse, there are various elements on it that shape it: mountains, forests, and water. Not all elements of its shape are relevant to the concept of real estate or the scope of ownership rights. The regulations state that the majority of real estate may be owned by any civil law entities, without differentiating them and limiting the possibility of acquiring ownership rights. Some properties are in principle owned by the State Treasury (or municipalities, as a rule). Whether a property may be owned by any entity may depend on its type, location or what is on it. The following article discusses whether a lake can be treated as a property within the meaning of civil law. In addition, it was examined whether two land and mortgage registers could be kept for one lake.

Author(s):  
Ihor Binko ◽  

The article examines different views on the state registration of real property rights, in particular, indicates that such a process is interpreted by scholars in terms of administrative law as: a type of administrative proceedings or as an institution of law and legislation, or as an administrative service, and in some cases as the way the state performs administrative functions. It is noted that the state registration of rights to real estate especially ownership rights, can be an institution of administrative and civil law or be considered an interdisciplinary institution. In the part in which it is an institution of administrative law, the question arises, to the substantive, ie specifically administrative law or procedural, ie administrative procedural law, this institution can be attributed? Public - legal direction, as well as the legal properties that are endowed with state registration of rights allow us to speak about a certain uniqueness of its public law essence. It plays a special role in private legal relations as a legal mechanism for the emergence, transfer and termination of rights. It is noted that while civil law uses the main dispositive method of legal regulation of civil relations, the studied relations are regulated by the method of imperative prescriptions, in particular imperative are the rules of civil law, which establish the need for state registration, as well as administrative law of procedural nature. It is stated that as part of administrative law the institute under study belongs to its special part, which contains normative material and theoretical provisions governing a particular type of homogeneous social relations, including subsectors and legal institutions, service law, municipal law, administrative law, administrative procedural law.


2020 ◽  
Vol 29 (2) ◽  
pp. 127
Author(s):  
Rafał Michałowski

<p>Regulations of the Act on Protection of Agricultural and Forest Land are treated as a limitation of the right of ownership of the real estate. Unlike civil law regulations, in this Act the legislator defines agricultural land as the subject of obligations specified in the Act, treating them in separation from the issue of ownership relationships. Unlike in civil law regulations, apart from the owner, a number of obligations associated with the protection of agricultural land is also imposed on other entities, which make economic use of the real estate property. According to the Act, the owner of real estate property has a number of obligations, such as prohibition to use land for non-agricultural purposes without having obtained a decision to designate the land for non-agricultural purposes and consent for exclusion of land from production. The owner also has other positive duties, such as the duty to prevent land degradation and devastation. These obligations, however, do not shape the subjective right of ownership, but are external to it, although they should be treated as a limitation to this right.</p>


2021 ◽  
Author(s):  
◽  
Jānis Viesturs

The aim of the Doctoral Thesis is to evaluate openness of the State to international real estate transactions, to establish criteria according to which it can be detected, and consequently to elaborate the methodological solution by which the openness to international transactions in real estate can be periodically determined. The introduction of the Doctoral Thesis describes the topicality of the chosen subject, puts forth a research hypothesis, defines tasks for the achievement of the objective, object and subject of the research, provides a methodological basis of the research, specifies the period of research and work limitations, describes theoretical significance and scientific novelty as well as research result approbation and practical application. Chapter 1 of the Thesis elaborates on the issue of international real estate transactions and identification of major issues of foreigners’ land ownership rights. Chapter 2 is devoted to establishing a rationale behind the limitations of international real estate transactions and theoretical aspects of principles applied when evaluating the openness of the State to international real estate transactions. Chapter 3 characterises the methodological solution for the evaluation of openness to international real estate transactions and practical applications thereof. Conclusions and proposals are provided at the end of the Doctoral Thesis.


Author(s):  
Yu.P. Arkhipov ◽  
◽  
K.E. Arkhipova ◽  
◽  

The article presents an analytical review of research in the field of application of methods for analyzing data of remote sensing of the Earth to assess the state of the forest fund. In addition to the review of scientific publications, the main aspects of topical issues were studied on the basis of open sources (federal laws, decrees of the government of the Rostov region, and others). In the course of the study, a geoinformation system “Forest Fund” (GIS “Forest Fund”) was developed using raster analysis methods for assessing the forest fund and multispectral images (Living Atlas – Landsat, Sentinel services). Remote sensing data of the Earth was supplemented with data from the real estate cadaster for forest resources using open information from the public cadastral map. As a result of the work carried out, the layers of accounting for the forest fund of the Sholokhovsky district were obtained on the basis of data from the real estate cadaster by type of land use. The spatial analysis performed in the GIS made it possible to obtain maps classifying the territories of the forestry and forest parks according to the level of cadastral value. The performed analysis of the distribution of land by the level of specific and the level of total cost allows us to carry out an ecological and economic analysis of the state of the forest fund. In the future, the work carried out makes it possible to supplement the analytical materials of strategic documents at the regional level. The obtained ecological and economic data of the attributive tables of the geographic information system with a spatial geographic reference. Further processing of spatial data is of practical importance in terms of calculating the ecological capacity of territories using a quantitative analysis of estimates of plant biomass based on satellite images and an economic assessment of forest resources in the municipal district.


2018 ◽  
Vol 15 (1) ◽  
pp. 12-22
Author(s):  
V. M. Artyushenko ◽  
D. Y. Vinogradov

The article reviewed and analyzed the class of geometrically stable orbits (GUO). The conditions of stability in the model of the geopotential, taking into account the zonal harmonics. The sequence of calculation of the state vector of GUO in the osculating value of the argument of the latitude with the famous Ascoli-royski longitude of the ascending node, inclination and semimajor axis. The simulation is obtained the altitude profiles of SEE regarding the all-earth ellipsoid model of the gravitational field of the Earth given 7 and 32 zonal harmonics.


2020 ◽  
pp. 239965442094675
Author(s):  
Yara Sa’di-Ibraheem

This article explores how urban settler-colonial landscapes are produced in the neoliberal era. Adopting an anti-colonial approach, the article addresses practices of landscape production through the history of Wadi Al-Salib in Haifa after the driving out of its inhabitants in 1948. A micro geographical study of three Palestinian refugees’ houses, sold by the state to private real estate companies during the last two decades, constitutes the empirical mainstay of the article. Located in Wadi Al-Salib where rapid neoliberal urban renewal schemes hope to raise property values and enact demographic change, these houses are often marketed to upper-class Israeli Jews as “authentic”. Such branding indicates that the privatization of the Palestinian refugees' houses may also signify privatization of the colonial imagination, and a broader shift of the landscape into a collage of marketable images, echoing an ‘aesthetic violence’ that evokes past colonial landscapes. Such references create several hyper-realities in the same place, thus canonizing colonial landscapes’ imaginaries.


Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law


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.


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