Sale Of Property Research Articles

Sprzedaż w drodze licytacji elektronicznej

This article is an analysis of valid regulations on the sale of movable properties in e-auction. The study takes into the account the most vital matters of the movables-selling in e-auction, as well as paying attention to practical points of the whole procedure. The subject of e-auction, the supervision of sized movables, an auction announcement, depositing of warrant and auction itself were described. Also the order of usage that particular way of sales and issues pertaining circumstances such as who and when can file application about holding sale in this from was put forward. Additionally, the bailiff’s eligibility to being decision-maker while executive proceeding in terms of organ were covered.

REALIZATION AND RECOGNITION UNDER THE INTERNAL REVENUE CODE

AbstractOver its entire life, the Internal Revenue Code (like other tax systems) has never tried to tax economic income as such, because of the administrative and liquidity problems that arise from taxing any combination of values consumed and from appreciation (or depreciation) of capital stocks. Instead, the common practice limits tax occasions to a realization of income from sale or other disposition of property. Even then, if the proceeds of the transaction are not cash or marketable securities, as with many corporation reorganizations, taxation is deferred until these assets are converted in cash or marketable securities.Any effort to eliminate these twin filters by taxing income—and income regardless of realization—will overburden government agencies and private taxpayers, while reducing economic activity. A wealth tax scores even worse by these welfare measures, creating massive problems of evasion and enforcement that will reduce capital formation across the board in the effort to transfer wealth from the ultra-rich to everyone else. A simple tax structure with affordable rates is the only path to economic prosperity.

The ways to protect the parties of the contract of sale of property rights to the construction object

The ways to protect the parties of the contract of sale of property rights to the construction object

The influence of discretization of the flat's area on its selling time

Many of the variables that describe property attributes are continuous. Additionally, during the digitization of the real estate market, analysts have access to a large amount of information. This overload of information (many observations, many attributes) makes it difficult to analyse the data and identify patterns. For continuous variables, therefore, discretization is recommended, which among other things: speeds up calculations, increases the transparency of results, facilitates interpretation, allows the use of variables with outliers.The subject of the study is a mixed property offered for sale. The authors study the time of sale of properties depending on their area, using the method of duration analysis and the Kaplan-Meier estimator. However, these methods require attributes to be in categorical, nominal or symbolic form. In real estate research, continuous variables are most often discretized using expert knowledge and a lack of proposed solutions to this problem in the literature. There is also a lack of research on comparing the effectiveness of different discretization methods. Therefore, the paper proposes a discretization of real estate area according to thirteen selected methods. The result of the discretization should be, among others, disjoint intervals and significantly different time of sale in selected subgroups, which was the basis for assessing the effectiveness of selected methods.Due to the large number of observations (3,732), methods referring to the number of observations and the range of values proved unsuitable, with equal-frequency methods generating a larger number of classes than equal-width methods. As a result of using methods discretizing the variable into too few classes (4), selling time did not differ significantly among subgroups. The best results were obtained using the minimum entropy method and expert indication of the interval span. The results can be used in the practice of selling residential real estate, as preliminary information about the time of sale depending on the area of the flat.

Reform of State-Owned Enterprises for the Purpose of Economic Growth in the Republic of Serbia

This study on the performance of state-owned enterprises in Serbia has shown that the state has great difficulties managing the enterprises that are in its portfolio and under its control. The adaptation of state-owned enterprises to exogenous shocks unfolds at a slow pace and is faced with many problems. The institutional environment for the strategic restructuring of the state sector is not in the service of strengthening the efficiency of its business operation. The study has shown that the economic performance of state-owned enterprises exerts a direct influence on economic growth, the budget, government balance sheets, and debt. While healthy enterprises (the ones conducting their business successfully) are valuable state-owned property, enterprises with a loss or over indebted enterprises are obligations which demand intervention through the injection of additional capital or through other forms of help from the state. The main goal of restructuring state-owned enterprises is to improve responsibility and efficiency. The array of measures for improving efficiency ranges from modifications of the legal framework and corporate governance of socially owned enterprises (including corporatization and separation of activities) to the sale of property to the private sector or complete privatization. Reforms are aimed at improving the transparency and responsibility of state-owned enterprises, not just for the purpose of efficiency but also for the purpose of harmonization with the ethical and deontological requirements.

La « compensation après-vente » (zhaojia 找價) au Jiangnan sous les dynasties des Ming et des Qing. Étude de cette pratique à travers l’évolution de la taxation des transactions foncières

The emergence and spread of the practice of “after-sale compensation” (zhaojia 找價) under the Ming and Qing dynasties was driven not only by rising land prices and regulation of resales, but also by changes in the system of taxation of land transactions, notably in the tax rate. Some previous studies have suggested that a 3% tax rate on these sales was maintained throughout the Ming and Qing dynasties ; however, the government in fact lowered the taxes on these transactions at the beginning of the Ming. In the mid-and late Ming, the tax rate was intermittently restored to 3%, depending on the state’s financial exigencies. In the mid-Qing a more rigorous system of the “notarization” of base contracts, and afferent acts drawn up simultaneously with them, was established. The development of the practice of after-sale compensation thus coincided with changes in the system of both fiscal acts and taxation rates. From several of the extant after-sale compensation contracts, notably separate contracts to arrive at an irrevocable sale in urban property sales, it is clear that the practice of after-sale compensation was aimed at avoiding paying tax.

The impact of the COVID-19 pandemic on the residential real estate market on the example of Szczecin, Poland

The aim of this article is to assess the impact of the socio-economic situation caused by the COVID-19 pandemic on the residential property market. Research in this area has been conducted all over the world. The conclusions of these studies are inconclusive. In different countries and different cities, the changes in the property markets observed from 2020 onwards differ. These differences concern both prices and the number of transactions. In this situation, it is important to conduct research in as many markets as possible. Summaries of such research will allow certain patterns to be identified, which will provide a global perspective on how the COVID-19 pandemic has affected the property market. The paper describes the short-term changes that have occurred in the formation of residential property prices and the number of transactions concluded. Separate analyses were conducted for property sales and rental transactions. The research was carried out on the data of over 5000 transactions in one of the biggest Polish cities - Szczecin. The city is divided administratively into four districts, which was also taken into account in the study. This made it possible to assess whether, just as the impact of the pandemic varied between cities and countries, it also varied at district level within one city. Confirming the diversity of impact will allow conclusions to be drawn as to whether the pandemic affects each market equally or whether different property markets are affected differently by restrictions and changes in the decisions of property market participants.

Charakter prawny umowy deweloperskiej w prawie hiszpańskim

The present work is supposed to describe the legal nature of contract for the sale of property in Spain. The article refers mainly to the contracts for the sale of new apartments which are still under construction, or have only just been planned without any building works having been started yet, so – called ‘developing contracts’ in Polish. Contracts for the sale of real properties are of utmost importance in the economy of the country in many different regards. First, because of the legal complexities involved in this process, very often connected with signing the mortgage agreement at the same time. Second, from the economic point of view, since in most cases it is the most important financial decision in the life of the purchaser of the apartment. Third, just looking at this process from the human side, because apartment is the place where the buyer and his family spend most of their time. Taking all that into consideration, the Spanish law maker decided to regulate this matter in a very thorough way. There are many legal acts involved in regulating this process, like Spanish civil code, Act 1/2007 on protection of consumers, Act 515/1989 on the information duties in the contract for the sale of real property, Act 38/1999 on construction, and Act 57/1968 on advance payments. All of them create legal complexities of the contract for the sale of real properties, which as has been emphasized in the article is, as a rule, a contract for the sale of future thing in Spanish law. Generally, Spanish regulation concerning this type of contracts should be evaluated in a very positive way, since the consumer stands there in the first position and is protected against the abuses and malpractices coming from the developer not only by a number of regulations created by the lawmaker, but also by a rich body of rulings passed by judges in this area of law.

Umowa sprzedaży nieruchomości jako rzeczy przyszłej na tle prawnoporównawczym

In this article the author presents the construction and functions of a contract of sale of future goods, in particular pertaining to real property under construction. The sale of future goods contract guarantees the buyer that he will obtain the property right of the sold good automatically upon its existence (or sometimes at a later stage), the seller, that he will sell this good to the buyer. Consequently, the buyer may gain from the fact that the seller will not sell such goods to a third party and the seller may gain the price paid upon the signature of the contract, which will enable him to finance the construction of the future good. Such benefits of the sale of future goods contract can also be used in order to sell real property that is under construction. The guarantee and financing function of the sale of future goods contract is especially important in real property development projects. The sale of future goods contract has been evolving since ancient times. Presently, this type of contract has been experiencing a dynamic evolution, especially in respect to future real property. Such an evolution is though subject to legal regulations pertaining to the transfer of ownership rights of real estates that are in force in different national legal systems. Polish regulations incorporated in the Civil code enable parties to conclude sale of future goods contracts. Upon the signature of such a contract, the buyer obtains the right to acquire the ownership right of the future good. The ownership right is transferred onto him at the time when the buyer obtains the possession the now existing future good. Regulations pertaining to sale of real property differ substantially in most European countries. In some, such as Poland and Germany, real property may not be sold under the condition that it will be erected by the seller, or a third party in the future. Only existing real property may be sold. Such regulations are justified by the need to ensure the certainty of real property sales. In other countries, such as France, future buildings or apartments may be sold under a contract La Vente l’Etat Futur d’Achevement (hereinafter called VEFA). Under such a contract the buyer acquires all the existing parts of the sold real estate, while the remaining part – which is to be constructed – is acquired by the buyer automatically during the process of the construction. The seller receives his remuneration upon the completion of consecutive stages of the construction process. Also it is important to mention the construction of the sale of future goods contract as regulated in the Draft Common Frame of Reference. There, apart from the obligation of the seller to transform onto the buyer the real property rights of the sold goods, the seller is obliged to make all other necessary actions in order to enable such a transfer of rights. If the Draft Common Frame of Reference would be referred to the sale of future real property under construction, such an obligation would include the obligation to construct the real property. The analysis in this article indicates that the sale of real property under construction has been regulated in some countries and that such constructions as VEFA have had a positive impact on these legal systems. Such regulations stimulate the real property development sector and ensure better protection of consumers buying future real property. Also, as it has been shown, that the European model rules of the Draft Common Frame of Reference clearly underline the importance of the sale of future goods functions. These – namely the guarantee and financing functions – may also be used in the construction of a sale of future real property contract.

Swobodny przepływ dokumentów w Unii Europejskiej: znaczenie i oddziaływanie rozporządzenia 2016/1191

The article is dedicated to the (still relatively unknown) EU Regulation 2016/1191. The Regulation disposes of some of the formalities with respect to circulation of the public documents within EU. In particular, no legalization in any form, including the apostille under the Hague Convention, will be needed with respect to documents covered by the Regulation. Unliked originally planned by the Commission, the Regulation does not, unfortunately, completes a more challenging goal of mandating recognition of the civil status throughout the Union. This issue still remains subject to national conflict-of-law rules. Moreover, the scope of Regulation is relatively narrow. It does not, again regrettably, apply to many public documents which are crucial in cross-border transactions (excerpts from commercial registers, powers of attorney for sale of immovable property).
 The author analyses to what extent Regulation 2016/1191 offers progress in circulation of documents. This question is first raised in light of the long standing application of the Hague Apostille Convention. The author then attempts to discern the effective role of the Regulation given the fact that under Article 1138 of the Polish Code of Civil Procedure, no legalization in any form is in principle required for the foreign public documents to be treated as authentic and official proof in Poland (although the practice often is to ask for the apostille even if not required by law). Still, the Regulation 2016/1138 might come of assistance for the parties in some respects. First, it will facilitate acceptance of Polish public documents in those Member States, which have so far required apostille. Second, the Regulation may help to overcome an incorrect practice in Poland of requiring apostille by the officials, where Article 1138 actually dispenses of such formality. Third, the Regulation introduces an administrative cooperation based on the IMI system which allows to verify doubts as to the authenticity of the public document from another Member States. This last feature of the Regulation, it is argued, may prove of its true value to the freedom of circulation of public documents within the EU.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

The Archae System Revisited: The Records of Indebtedness to Medieval Jews

Abstract This article examines on document acknowledging debt to Maruna, a Jewish woman, to John of Kent that was deposited in a chest in Canterbury in 1264. Using this document, the article examines what can be learned about the archae system in thirteenth-century England from the perspective of the documents which were produced there. A series of chests (Lat. pl. archae) were established across England following the introduction of the Articles of the Jewry (1194), which regulated the production, use, and storage of the records generated by Jewish moneylending activities in medieval England. Additionally, the Articles of the Jewry required that more general business transactions, such as the sale and purchase of property, also be recorded at the archae. This paper considers not only the legal and administrative structures which governed the production of such records but also how these systems manifested themselves within the documents which produced at the archae. Finally, it will consider the role that ritual and gender had to play in such transactions and the documents which recorded them.

Impacts of Judicial Verdicts on Land Acquisition Practices for Real Estate in Pakistan

Purpose It is commonly observed in many regions in the developing countries that inappropriate and legally invalid modes are adopted by realtors (individuals or enterprises facilitating the sale and purchase of property) to procure land, but the reasons behind these procedures are neither documented nor critically analysed, which this paper attempts to do. Design/Methodology/Approach Five case studies have been chosen for detailed probe. Each case brings into focus different approaches adopted by realtors to acquire land and develop real estate ventures. Review of the judicial records, assessment of case study information and holding focus group discussions for each case are the main ingredients of research methods. The data was then analysed using content analysis method; the data was coded, themes were identified and conclusions were drawn accordingly. Findings The case study accounts included in this study have sufficiently established that the courts verdicts have a contextual connection. These findings point towards the requirement for alternative frameworks and supporting theoretical basis which are attuned with these non-confirmative practices and lie beyond the realm of established international literature and practices like Hartmann & Spit, 2015; Krabben & Jacobs, 2013. Research Limitations/Implications The sensitivity of the case studies made affectees uncomfortable in discussing the cases. Originality/Value Judicial interventions are often initiated when the desired efficiency and legality is not ensured, as is in the case of Pakistan. In such cases, the internationally established theoretical paradigms fall short of providing any explanations (Hartmann & Spit, 2015; Krabben & Jacobs, 2013). This paper examines in particular how in such scenarios, the status of such land acquisition practices, turns out especially where superior judiciary had to intervene for streamlining the process.

Controlling as a tool for increasing the efficiency of sale of federal property

Controlling as a tool for increasing the efficiency of sale of federal property

Property, Custom, and Religion in Early Nineteenth-Century Bombay

Abstract Analysis of a novel source of data about early nineteenth-century Bombay, with a novel methodology, makes an important contribution to debates about inter-religious contact in South Asia. Bombay’s register of sales deeds, which lists the names of buyers, sellers, and neighbors, also permits identification of their religious affiliations when supplemented with archival information about the bureaucratic practices affecting property transactions. Findings suggest that property transactions within religious groups comprised most of the sales (60 percent). Contemporary petitions show that residents sometimes appealed to the state to prevent the sale of property to people who did not share their religion.

Impact of Value Added Tax to Enugu’s Economy

ABSTRACT
 Value-added tax is everywhere; it is in the most of goods and services we purchase. Take for instance; when we go to the salon to get our hair done, when we gas up our car, vat is also included in what we pay. In the Philippines, the value-added tax is a form of sales tax. It is a tax on the consumption levied on the sale, barter exchange, or lease of goods, properties, and services in the Philippines, and on importation of goods into the country, it is an indirect tax that may be shifted or passed into the buyer transferring lease of goods, properties or services. While in Nigeria, VAT is a Federal Government Tax that is administered using the existing machinery of the Federal Inland Revenue Services (FIRS). This study assessed the impact of value-added tax on Enugu Nigeria’s Economy, specifically to Government, Business Organizations, and Consumers, the problems identified, significant relationships, and the solutions recommended. The findings revealed that VAT has a significant impact on business organizations and consumers but positively on the part of the government. Recommendation for the improvement is for the consumer with low average earnings should be exempted in paying the VAT provided however, criteria must be set to exempt them in VAT.
 Keyword: Social Sciences, Impact, Value added Tax, Revenue, descriptive research design, Philippines

INCOME OF BUSINESS ENTITIES: ECONOMIC ESSENCE AND CLASSIFICATION

The article highlights the views of scholars on the economic meaning of the concept of “income”. It is determined that the term “income” should be considered an economic category, which means the direct receipt of certain assets (material resources or money) or a decrease in liabilities that lead to an increase in equity (minus the increase in equity contributions from owners or participants). The study of the concept of “income” in a broad interpretation from an economic and accounting point of view made it possible to establish the following properties: 1) income – is a type of financial results of economic activity for a certain period; 2) characterizes the economic benefits; 3) the main forms of economic benefits – is the proceeds from the sale of other property, from non-operating transactions; 4) economic benefits that generate income are estimated by their amount in cash. An analysis of the scientific literature on the identification of the definitions of “profit”, “income” and “revenue”, which gave reason to believe that the views of modern economists are divided into two categories, some scientists who equate income with sales revenue, others – recognize income in a broader category and note its impact on determining the performance of the entity and the amount of equity. The incomes of the enterprise which can be both in money, and not in monetary forms are considered. For effective revenue management, it is advisable to have a scientifically sound and detailed classification according to certain characteristics for the purposes of accounting, analysis, planning and auditing. It is determined that both foreign and domestic scientific sources reflect certain elements of income classifications that have more theoretical than practical significance. Thus, the classification features of enterprise income can be those characteristics that clearly identify the sources of their formation, factors of influence, time and method of recognition, place of formation.

DOES THE PARETO PRINCIPLE APPLY IN THE INNOVATION FIELD IN ROMANIA?

The technological transfer entities can obtain income by establishing robust partnerships with the business environment and using the fiscal facilities offered by the region where they produce the innovation, applying for non-refundable funds, attracting individual donors, charging a membership contribution to the organization members, exploitation of innovation produced by the sale of intellectual property. A robust innovation ecosystem is based on public and private investments which complement each other to reduce the risks and to divide profits by increasing the capacity of innovation and technological transfer of the technological transfer entities. The Gauss distributions are continuous probability distributions. These are” normal” distributions which illustrate the likelihood that a certain event takes place. A gauss distribution has the shape of a bell with most values distributed around the average value and can be fully described by variance and mean. A classic example is the distribution of patents value or profit obtained because of sale of intellectual property rights. The Pareto-type distributions are found in other phenomena around us, such as the size of economic entities follows a Pareto distribution. Pareto-type distributions are more suitable to describe the economic phenomena than the Gauss distributions, for instance, 80% of the world richness is held by 20% of population (principle 80-20 which means 80% of results are caused by 20% of causes). The innovation phenomenon is deeply systemic, multifactorial, multifunctional, dynamic and complex, determined by the whole socio-economic background which influences the innovation ecosystem. Therefore, its study for the highlighting of the intervention opportunities at level of fiscal and financial policies, but also at operational level, requires an adequate, multilateral and complete systemic approach.

Selling Prices and Time on the Market of Houses Sold through Relocation Management Companies

Employers contract with relocation management companies (RMCs) to help employees transfer from one location to another. In an efficient market, the selling price and time on the market (TOM) should not vary based on the nature of the seller. However, RMCs provide sellers with relocation package benefits that may affect TOM and selling price. This study examines a sample of 24,493 sales from 1998 to 2017, which includes 831 relocation sales. Relocation properties are more expensive, newer, and have more amenities than other transactions. The properties are less likely to be occupied during the listing period. Relocation sales of smaller properties sell 22.7% more quickly and at a 3.3% price premium in 1998–2007. TOM is 29.7% shorter for larger relocation properties in 2012–2017, suggesting more generous relocation packages for higher-level employees.

Review: All That She Carried: The Journey of Ashley’s Sack, a Black Family Keepsake, by Tiya Miles

Review: <i>All That She Carried: The Journey of Ashley’s Sack, a Black Family Keepsake</i>, by Tiya Miles