Immovable Property Research Articles

THE TRADING-CRAFT CLASS, THE CHURCH AND THE PECULIARITIES OF FEUDALISM IN EASTERN GEORGIA IN THE XVI-XVIII CENTURIES

Since the Early Middle Ages, it had been characteristic for the countries with feudal social system that not only the great secular rulers, but also the cleric power acted as major feudalists. This refers to the Georgian reality as well, where the Georgian Church was especially developed, and acted as one of the major feudal lords in the Late Middle Ages. The Georgian Church, represented by the Catholicosate of Mtskheta, possessed a large number of various immovable property (villages, lands, gardens, oil mills, etc.), and at the same time acted as a major serf owner. The Georgian Church enjoyed the favor and support of the Georgian royal houses and sometimes foreign rulers, such as the Safavid shahs, which was often expressed by giving donations to the church, or more importantly, by granting the church a partial or full tax exemption. The latter circumstance was especially important for the church serfs: as a result, they gained tax reliefs and a privileged status. This was very important giving the fact that in the 16th-18th centuries, Georgia, like Armenia, was divided into eastern and western parts, between Iran and the Ottoman Empire respectively, and of course, the heavy tax burden of the foreign domination would hinder the development of trade and crafts. In light of this, the tax benefits and a relatively privileged status that could be obtained by becoming a church serf would have been a desirable condition for merchants and craftsmen. The purpose of this article is to examine the question of whether the Georgian Church could be observed as a powerful aegis and a desirable patron by the trading-craft class, whether the church, in that case, would have shown some interest in replenishing the ranks of serfs with merchants and craftsmen, what ethnicity could those serfs be and other related matters.

Use of AHP based Weighted Analysis for Impact Assessment of Coastal Tourism in Ratnagiri District, Maharashtra (India): Respondents’ Point of View

The MCDM-AHP technique was used for impact assessment of tourism on socioeconomic development in the coastal area with respondents’ point of view. The responses from native people were recorded using questionnaires through interviews about selected nine criteria including accessibility and connectivity, amenities, health care facilities, business, employability, standard of living, cultural values, agriculture and fisheries, and immovable properties. The literature review, fieldwork and experts’ opinions are fundamental keys to select the criteria and determination of ranks. About 35.55% respondents reported higher impact of tourism, 29.14% respondents informed moderate impact, 25.69% respondents reported less impact and 9.62% respondents reported very less impact of tourism activities on development in the region. The development of reported criteria varies according the beach area and relative location of the beaches on the shoreline. The beaches located far south and away from district headquarter show relatively less development. The focus of investment should be concentrated on development of the accessibility and connectivity, required amenities, health care facilities, small-scale business, employability, cultural values, agriculture and fisheries to improve the tourism activities for improving standard of living of native people in the region. The methodology, techniques and results achieved in this study can be useful for planning and monitoring the tourism activities for sustainable and uniform development in the similar areas.

The Effect of Real Estate Registration Documents on the Mental Health of Society

Undoubtedly, the mental health of the society is effective in the progress and development of the country and an important part of this mental health is due to the trust and confidence of economic activists in their investment. Considering that the realm of important investments is land and immovable property, and if the ownership of these lands is built on a shaky foundation, the whole property and economy system will be insecure. In this study, considering the data collected through library study and collection of documents, it was proved that the developments in the field of judiciary and legislation in recent decades have contributed to this insecurity and posed a serious threat to the mental health of economic actors. In order to compensate for this situation and restore this mental health, it was proposed in the process provided by the Law on Registration of Documents and Property to establish the right of ownership, through the amendment of the law, the validity of two important and basic ownership documents should be restored, including the ownership certificate and the ownership document. The best method of the legislator's intervention was to amend and complete Article 22 of the Law on Registration of Documents and Property.

Stavba jako předmět díla v občanském zákoníku

Work means the construction, maintenance, repair, or alteration of a structure or part thereof. Section 2623 et seq. of the Civil Code provides for certain exceptions to the general regulation of a contract for work, contracts for the alteration of immovable property, and for contracts for the construction, repair, or alteration of a construction. In matters not regulated by these provisions, the general regulation of work contracts also applies to construction contracts. The aim of the authors’ article is to draw attention to these exceptions, to define the concept of construction, to focus on construction as an object of the work, including related issues, as well as on the legal regulation of works with intangible results.

IMPROVING THE PROCESS OF MONITORING OF IMMOVABLE PROPERTY COLLATERAL

Mortgage lending is accompanied not only by the risk of default but also by the risk of deterioration, loss of value or reduction in the value of immovable property collateral. One of the main internationally recommended methods to determine whether the parameters of the mortgaged object, the value, the conditions of its maintenance and operation, the operating requirements are in line with the conditions originally laid down in the mortgage contract is Monitoring. The author, analysing the practices of commercial banks, proposes concrete tools to improve the Monitoring mechanism of mortgaged real estate in the conditions of Moldova. This mechanism is recognized as an important tool for credit risk management but is currently not well defined in the national regulations and mortgage policies of credit institutions.

Примечания к письменному наследству московского великого князя Ивана Данило Калиты (начало XIV века)

In the first third of the fourteenth century a new type of document appeared in Muscovite Rus': the testamentary will. Examining the documents, we can follow the development of ownership relations, the operation of the grand princely court, and the division of movable and immovable property, tax revenues, personal property, jewellery, and valuable clothing items. The testamentary wills provide information conceming the history of 'Kalitovič' family, giving us insights into the events preceding the birth of the Russian state and the development of its institutions.

НОВЫЕ ПОДХОДЫ К ОРГАНИЗАЦИИ ОЦЕНКИ РАБОТЫ В МЕСТАХ ОБЩЕГО ПОЛЬЗОВАНИЯ

The classification of common areas is considered depending on the type of services provided to railway transport customers, the availability of movable and immovable property, income received from auxiliary and auxiliary activities of the structural subdivision of JSC "Russian Railways"

Forum: Order in Skellefteå Industrihus AB: A Reversal of the INZO, Ghent Coal Terminal and Breitsohl Jurisprudence?

The Order issued by the Court of Justice of the European Union on 18 May 2021 in Skellefteå Industrihus AB may have escaped the attention of most VAT scholars and practitioners. In my opinion, however, it is either based on a wrong interpretation of the Court’s case law in the ITH and Stichting Schoonzicht cases, or constitutes nothing less than a reversal of the CJEU landmark INZO and Breitsohl decisions. VAT, right to deduct, principle of neutrality, aborted transactions, change of use, adjustments, immovable property

Dispute Resolution Model for Granting Hareuta Peunulang through the Customary Court in Pidie Regency, Aceh Province

Hareuta peunulang is a grant of immovable property from parents to their daughters before marriage in Pidie Regency, Aceh Province. Disputes are resolved through customary court, but the settlement that should have been settled at the mukim level was brought to the Mahkamah Shar'iyyah. Therefore, this study aimed to identify the causes of the hareuta peunulang practice disputes and find an effective and efficient model for resolving them through customary courts. Empirical juridical methods were used with data collected data through observation and interviews and analyzed using a qualitative descriptive approach. The results showed that disputes are caused by the lack of deliberation in the hareuta peunulang process. The social plurality of laws makes the dispute resolution model through customary courts ineffective and inefficient. Therefore, the role of the village head (keuchick) and head of mukim (imuem mukim) is needed to educate the community regarding customary justice procedures that should to conducted at the village (gampong) and mukim levels.

The Legal and Factual Function of the Family Law Agreements

The paper is devoted to the legal and factual function of the family law agreements. The paper analyzes the views concerning the legal and factual possibilities of agreements in general and family law agreements in particular. The author concludes that despite the fact that family law agreements are not independent grounds for the emergence of legal relations between its parties, they carry out the legal-factual function. The paper describes the legal-factual function with its inherent static and dynamic aspects manifested, among other things, in the ability of family law agreements to entail non-contractual consequences of a private and public legal nature: some agreements in family law are involved in the acquisition of a particular family legal status of persons participating in them; family law agreements are able to directly generate rights and obligations of its parties in relation to other persons; a family law agreement may affect the exercise of the rights of third parties in relation to its participants (or otherwise become a legally significant circumstance in relations with other persons). Since one of the practical tasks of experts is to determine the moment of occurrence of the legal consequences of making of a family law agreement, the author touches on the practical aspects of determining the moment of occurrence of legal consequences under a marriage contract and an agreement on the division of common property of spouses. The author thoroughly analyzes the deferred effect of the marriage agreement that, at the same time, brings specifics to the limitation period calculation for claims of invalidity of the marriage contract. The paper also considers the problem of determining the moment when the legal regime of immovable property (or other property, the rights to which are subject to registration) changes due to the conclusion of a marriage agreement or an agreement on the division of common property of spouses.

The influence of religious beliefs to the practice of zemstvo insurance at the 2nd half of the 19th - early 20th century (based on the materials of Vladimir and Ryazan provinces)

Based on the materials of Vladimir and Ryazan provinces, the influence of mentality and religious beliefs of rural population on zemstvo insurance institute in the 2nd half of the 19th – the early 20th century is analysed in the article. Zemstvos not only insured movable and immovable property from fire, or cattle against various diseases, or fields and crops against natural calamities, but they also carried out mass fire-fighting activities – including planning settlements, planting trees, digging wells, embanking, buying fire-fighting equipment, developing fire-resistant construction. However, sometimes zemstvos failed to involve peasants in insurance operations. Peasants tried to keep their houses, cattle and crops at any cost, but, instead of insuring fields and crops, they often “dissolved” in the depth of religious beliefs and various prejudices. Based on the analysis of a wide range of sources, especially archival ones, zemstvo insurance activity within the territory of Vladimir and Ryazan provinces is studied in the article. The authors conclude that religious beliefs, along with prejudices, still played an important role in the life of rural people of that time, and insurance was viewed by peasants mainly through the prism of different superstitious beliefs.

Expropriation of undeveloped land of communal property, which is leased. Some aspects

The issue related to the peculiarities of the legal regime of the leased property is considered. We are talking about the possibility of selling communal land plots outside of land auctions, which by law must be carried out by local governments in the case of alienation of land plots free of development to individuals or legal entities.
 This article analyzes the provisions of national legislation such as the Civil Code of Ukraine, the Law of Ukraine "On Land Lease", provides examples of case law of the Supreme Court of Ukraine and the decisions of the Constitutional Court, which regulates this issue.
 In disclosing the provisions of the article, the author pays considerable attention to the term the preemptive right of the tenant, what it is and how it relates to the concept of redemption of land from public auction (land auction).
 The author analyzes in detail the provisions of the Law of Ukraine "On Land Lease", in particular, much attention is paid to the disclosure of the content of articles that directly allow the exercise of the preemptive right to purchase land leased. Thus, a tenant who, in accordance with the law, may own a leased land plot, has a preemptive right to acquire it in the case of sale of this land plot, provided that he pays the price at which it is sold, and in the case of sale at auction - if his bid is equal to the bid that is the largest of the bids offered by the auction participants.
 No less important in this context are the provisions of the Civil Code of Ukraine, which are characterized in this article and reveal the identical meaning of the concepts, which is reflected in the special law on land lease and in Art. 777 of the CCU, on the preemptive right of the lessee to repurchase the thing that he rented. Distinctive are the provisions of civil law, which are also analyzed by the author in this paper, on the identification of things in civil circulation, and which of them may be the subject of land auctions, taking into account Art. 777 CCU. Yes, it is stated that a thing is an object of the material world, in respect of which civil rights and obligations may arise. Immovable property (real estate, real estate) includes land plots and objects located on it, the movement of which is impossible without their depreciation.
 No less necessary in law enforcement is the practice of national courts, which essentially confirms the provisions of Art. 9 of the Law on Land Lease and indicates the possible consequences of overcoming the legal conflict in the application of the Land Code of Ukraine, which prohibits the sale of undeveloped land of communal property outside the land auctions. No less significant is the case law of the European Court of Human Rights, which is cited in this article. According to its content, in order to maintain social justice in society as a component of the public interest, the national legislator may allow the protection of the interests of property tenants by imposing restrictions on the right of its owners to determine the terms of sale of leased property.
 An important circumstance is the avoidance of litigation to challenge the procedure and the outcome of land auctions. In essence, land auctions are a transaction. Thus, given that the alienation of property from public auction refers to purchase and sale agreements, such an agreement may be declared invalid on the basis of civil law on the invalidity of the transaction (Articles 203, 215 of the Civil Code of Ukraine). And invalidating the results of the land auction will not give the tenant effective protection of his preemptive right to repurchase the leased land, but will only continue his efforts to do so. As the author of this article rightly points out.

Methods of notarial defense of corporate rights under the legislation of Ukraine

In the conditions of functioning of modern social relations the processes of creation of various corporate legal entities have acquired the special intensity. In the course of establishment, activity and termination of such subjects of civil relations the issues of proper defense of corporate rights of their participants have become relevant, and consolidation of necessary effective mechanisms of such defense has always been a guarantee of business development in general and investment climate in our country. At the same time, methods of notarial defense of corporate rights require a special attention and research.
 Article 18 of the Civil Code of Ukraine provides that a notary has the right to defend civil rights by making a writ of execution on the debt document in cases and in the manner prescribed by law. It follows that at the level of the codified act it has been actually defined only one way of notarial defense of civil rights – the execution of the writ of execution.
 As of today, the notarial form of defense of the right to dividends by making a writ of execution on the documents is provided only for shareholders. We believe that an appropriate mechanism for defehding the right to dividends should be introduced for participants of other corporate legal entities.
 The established list of types of notarial acts in its absolute majority provides for notarial protection, in particular, preventive function, rather than defendive in its traditional sense. Notarial protection and notarial defense of corporate rights are often inextricably linked. Methods of notarial defense of corporate rights may be: execution of the writ of execution by a notary; imposition and lifting of a ban on the alienation of immovable property (property rights to immovable property), which is subject to state registration and acts as a contribution to the authorized capital of legal entities of corporate type; imposing a ban on the alienation of monetary amounts that will be credited to the applicant requirements, determined in accordance with Part 4 of Art. 65-2 of the Law of Ukraine "On Joint Stock Companies", on account of conditional storage (escrow), opened in accordance with the law, etc.

Dijital Tapu Sicili: Blokzinciri Teknolojisinin Tapu Sicilinde Kullanılmasına Dair Karşılaştırmalı Bir İnceleme

The use of blockchain technology is constantly expanding. The land registry system is an area where this technology can be applied. Some countries have already implemented the use of blockchain technology for land registries or are developing projects for its use. However, there are concerns about whether blockchain can provide sufficient security, transparency and cost reduction needed for land registry transactions. For developed and developing economies, it is crucial to register immovable properties in land registry and to appropriately reflect on rights related to them. Thus, several states have been devoting significant resources to land registry studies in the past. Turkey is among these states. Further, significant progress has been made in land registry efforts that have been ongoing since the foundation of the Republic of Turkey, especially in recent years. Additionally, extensive studies have been conducted to transfer the land registry system to the electronic environment. However, the increasing prevalence of blockchain technology in the world will also affect Turkey. First, the situation in certain countries that use or are considering blockchain-based registries is explained in this study. Further, the compatibility of the blockchain-based land registry and the principles that govern the Turkish land registry system are discussed. Finally, a brief review of the blockchain-based model developed for the Turkish land registry is made.

Modified Area-based System in Czech Republic

Tax system in the Czech Republic and offers some specific suggestions for reform. In the long term, their taxation could be maintained. Many politicians not only in the Czech Republic believe that a higher property tax on real estate investments can solve the housing crisis. There are several examples showing that such a solution does not lead to the desired result. In many states, such a tax increase solved a certain "housing crisis". Such a solution is at all sensible and will ultimately not only disadvantage economically the socially weaker, who do not have the resources to get their own place. On the other hand, the overall taxation of investment housing could contribute to increasing revenues of municipal budgets without changing the budgetary allocation of taxes. The inclusion of elements of elementary equality and work with so-called local coefficients, possibly combined with the categorisation of immovable property as established in the Land Registry, appears to be a meaningful key to the solution. On the basis of these two groups or categories, differential taxation can be achieved for a wide range of properties without creating room for discussion about what is and is not an investment apartment [OECD 2010]. But there are two weaknesses in dealing with this, namely policy changes, where the increase in the coefficient is unpopular within local authorities, and that it will be quite different in this area. The area-based property tax has been gaining influence in developing and transitional countries around the world. This report first examines how the area-based tax is administered in thirty-eight countries according to statutes. Area-based assessment is more commonly used in rural areas than urban areas, for land than buildings, and with few adjustments. Over half the countries allow some local control [Fischel 2001: 17]. The paper presents an overview of the theoretical and practical experience of both the immovable property taxation forms (area-based and value-based) concerning the different aspects of micro and macroefficiency, equity and the “ability to pay” aspects as well as the fiscal and technical aspects, with the special emphasis on (post)transition economies – new EU members. The EU recommendations in this area, especially concerning the shift of tax burden from (labour) income to property, are pointed out. The comparative analysis of relevant taxation in the EU member countries is presented, pointing out that some of them, which have fulfilled the formal requirement of the recurrent taxes on immovable property introduction, still implement a simpler form – the area-based one. In particular, the article focuses on the definition of the tax system in the Czech Republic, and intentionally on the processing of property taxes. Inheritance, gift and acquisition taxes on immovable property, including their definition and the way in which they are transformed, are mentioned in particular in these property taxes. However, the main objective of the work was to approximate the property tax, in relation to value-based taxation or a modified area-based system. Attention is also focused on defining the pluses and minuses of these taxes, what advantages they are, what advantages they are not, and which of the countries uses which system of taxation. The work seeks to highlight why a system is used within the Czech Republic, including its benefits within the tax system.

Debunking the Master of the High Court's Assumed Approval Authority Over a Redistribution Agreement in a Deceased Estate

A redistribution agreement is one of the available methods to assist the executor in winding up a deceased estate. It may be used to overcome impractical situations and/or statutory limitations that might occur during the estate administration process. The heirs and legatees and, in some instances, a surviving spouse may then agree to the reshuffling of their inheritance awards. The Chief Registrar of Deeds issued a directive that places a burden on the Master of the High Court in approving the "acceptance" of the agreement as part of the registration application for the transfer of immovable inheritance property. This was in response to a legal opinion from the office of the Chief State Law Advisor, incorporated in a 2010 internal Master's directive on instruction of the Chief Master. It directed that a redistribution agreement is deemed enforceable only after the Master "duly examined and approved" its legality. However, the Master's practice of approving a redistribution agreement is not a rule of law and cannot supersede the provisions of a statute. This article investigates whether the Master, as a "creature of statute", is acting within the parameters of its statutory administrative acts and functions involving a redistribution agreement.

The fiscal response to revenue shocks

We study the impact of fiscal revenue shocks on local fiscal policy. We focus on the very volatile revenues from the immovable property gains tax in the canton of Zurich, Switzerland, and analyze fiscal behavior following large and rare positive and negative transitory revenue shocks. We apply causal machine learning strategies and implement the post-double-selection LASSO method to identify the effect of revenue shocks on public finances. We find that local policymakers predominantly smooth transitory fiscal shocks.

The Relationship between the Taxation of Business Profits and Income from Immovable Property under Tax Treaties

This article examines the relationship between the provisions in the OECD Model on income from immovable property and on business profits, establishes the overlaps, demonstrates how these overlaps were solved by the predecessors of the OECD and domestic courts – thereby leading to qualification conflicts – and discusses how this situation is currently resolved.

Opinion Statement ECJ-TF 3/2021 on the ECJ Decision of 19 March 2021 in MK v. Autoridade Tributária e Aduaneira (Case C-388/19) on the Option of Taxpayers to Avoid Discriminatory Taxation of Capital Gains

In this CFE opinion statement, the CFE ECJ Task Force comments on the ECJ decision in MK v. Autoridade Tributária e Aduaneira (Case C-388/19) of 18 March 2021. The Court confirmed its previous case law and held that the Portuguese (optional) regime for taxation of capital gains from immovable property of non-residents was contrary to the free movement of capital under article 63 of the TFEU since non-residents were taxed less favourably than residents.

Choice of law for immovable property issues: new directions in the European Union and the United States

In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae —that is, the law of the State where the immovable is located. However, through a comparative examination of recent EU Regulations on succession, matrimonial property regimes, and the property consequences of registered partnerships, and of the new Third Restatement of Conflict of Laws project in the United States, this article shows that on both sides of the Atlantic there is a trend toward reducing the scope of the lex rei sitae rule. It explores both the reasons for and the challenges posed by this trend. It also reveals that despite this trend, the lex rei sitae rule nevertheless persists in relation to certain «core» immovable property issues.