scholarly journals ''Silence of the administration'' in the administration procedure that is being instituted before the real estate registry and cable duct cadaster

2021 ◽  
Vol 38 (2) ◽  
pp. 143-155
Author(s):  
Milica Torbica
Keyword(s):  
Real Estate ◽  
Legal Protection ◽  
Point Of View ◽  
The Other ◽  
Administrative Authority ◽  
The Real ◽  
The Real Estate ◽  
Administrative Procedure ◽  
Significant Damage ◽  
Administration Procedure

"Silence of the administration" represents the tool for the regular legal protection of the parties within the administrative procedure, whether the subject is the procedure being initiated by the parties who have a personal interest or due to the ex officio procedure. In both cases, either due to a long lasting procedure or to an untimely decision which is being rendered in relation to the terms envisaged by law from the side of the administration, significant damage is being endured. Moreover, in both cases, the inactivity of the administrative authorities has numerous aftereffects. The Real Estate Registry and Cable Duct Cadaster represent a Public Book which has data on immovable properties and rights regarding the very same necessary for rendering numerous other rights before the other state authorities and judiciary. Data referring to the Real Estate Registry and Cable Duct Cadaster represent the initial base while rendering the rights before the business banks and within the economic field, in general. Thus, cadaster data should be updated regularly, which presupposes both active and timely registration of documents in the Cadaster, whether based on the submitted documents for the purpose of the registration within the Cadaster, the very same documents to be adopted or a negative administrative act to be rendered. However, in practice, one can often encounter that this legal protection instrument of the parties cannot be applied, bearing in mind that non-acting in the administrative procedure which is being held before the Real Estate Registry and Cable Duct Cadaster has not always been caused by a non-compliance with the terms by the side of this administrative authority. Namely, the administrative procedure being held before the Real Estate Registry has its specific characteristics due to which this very Institute of the Administrative Law deserves a greater attention. The existence of the priority norm, i.e. the obligation of acting upon the requests of the order of their reception in the Real Estate Registry and Cable duct Cadaster, leads to the other point of view regarding the acting of the administrative authorities and decision rendering based either on the requests of the parties or based on ex officio within the terms envisaged by the Law.

scholarly journals Price Bubbles in the Real Estate Markets - Analysis and Prediction

2022 ◽  
Vol 19 ◽  
pp. 292-303
Author(s):  
Paweł Dec ◽  
Gabriel Główka ◽  
Piotr Masiukiewicz
Keyword(s):  
Real Estate ◽  
Predictive Analytics ◽  
Real Estate Market ◽  
Point Of View ◽  
Subprime Crisis ◽  
The Real ◽  
The Real Estate ◽  
Price Bubbles ◽  
The Real Estate Market ◽  
The Government

The article concerns the issue of price bubbles on the markets, with particular emphasis on the specificity of the real estate market. Up till now, more than a decade after the subprime crisis, there is no accurate enough method to predict price movements, their culmination and, eventually, the burst of price and speculative bubbles on the markets. Hence, the main goal of the article is to present the possibility of early detection of price bubbles and their consequences from the point of view of the surveyed managers. The following research hypothesis was verified: price bubbles on the real estate market cannot be excluded, therefore constant monitoring and predictive analytics of this market are needed. In addition to standard research methods (desk research or statistical analysis), the authors conducted their own survey on a group of randomly selected managers from Portugal and Poland in the context of their attitude to crises and price bubbles. The obtained results allowed us to conclude that managers in both analysed countries are different relating the effects of price bubbles to the activities of their own companies but are similar (about 40% of respondents) expecting quick detection and deactivation of emerging bubbles by the government or by central bank. Nearly 40% of Polish and Portuguese managers claimed that the consequences of crises must include an increased responsibility of managers for their decisions, especially those leading to failures.

scholarly journals Compensation for assets without a market in the remedial acquisition pursuant to art. 42-bis of Presidential Decree 327/2001 [Stima dell’indennizzo per beni senza mercato nell’acquisizione sanante ex art. 42-bis del DPR 327/2001]

2020 ◽  
Vol 26 ◽  
pp. 51-57
Author(s):  
Benedetto Manganelli
Keyword(s):  
Real Estate ◽  
Estimation Problem ◽  
The Other ◽  
The Real ◽  
The Real Estate ◽  
Real Estate Appraisal ◽  
Presidential Decree ◽  
The One

The estimated compensation provided for damage to property deriving from the remedial acquisition pursuant to art. 42-bis of the Consolidated Law on Expropriations (Presidential Decree 327/2001), raises some questions both of a general and an applicative nature. This study, on the one hand, defines the contours of the estimation problem so as to frame it within the principles and postulates of the doctrine, and on the other, it pro-vides the operational indications that are necessary to face the practical determination of the compensation.The two are obviously closely connected. The discussion and the conclusions provide food for thought on issues involving the real estate appraisal and the legislation on expropriation.

scholarly journals A produção de espaço urbano e os fatores do processo de expansão do mercado imobiliário em Mossoró-RN

2016 ◽  
Vol 10 (2) ◽  
pp. 21 ◽  
Author(s):  
Ademir Araújo da Costa ◽  
Eduardo Alexandre do Nascimento
Keyword(s):  
Real Estate ◽  
Urban Space ◽  
Real Estate Market ◽  
Point Of View ◽  
The Real ◽  
The Real Estate ◽  
Real Estate Sector ◽  
Palabras Clave ◽  
The Real Estate Market ◽  
Favorable Conditions

Resumo As ações das forças políticas e do capital, em território mossoroense, têm engendrado a reunião de um conjunto de condições favoráveis ao expressivo desenvolvimento do mercado imobiliário na cidade. Tal desenvolvimento se evidencia pela significativa quantidade de investimentos aplicados na produção de condomínios residenciais fechados, destinados às classes, média e alta, e na construção de conjuntos habitacionais “populares” dentro do Programa Minha Casa Minha Vida (PMCMV). Diante dos impactos da dinâmica do setor imobiliário sobre a economia e sobre a reconfiguração do espaço urbano local, é preciso indagar: quais fatores têm impulsionado o mercado de imóveis residenciais em Mossoró a partir dos primeiros anos de 2000 até o presente momento? Partindo dessa questão, define-se como objetivo central deste trabalho a análise das principais condições e fatores responsáveis pelo processo de expansão do mercado imobiliário em Mossoró a partir dos primeiros anos de 2000. Palavras-chave: Mossoró-RN; Mercado Imobiliário; Espaço Urbano; PMCMV AbstractThe actions of political and capital forces, in the territory of Mossoró, have generated the reunion of a set of favorable conditions to the significant development of the real estate market in the city. Such development is evidenced by the significant amount of investments applied in the production of residential gated condominiums, for the classes medium and high, and the construction of “popular” housing complexes within the Programa Minha Casa Minha Vida (PMCMV). Given the dynamics of the real estate sector impacts on the economy and about the reconfiguration of the local urban space, it must be asked: what factors have boosted the housing market in Mossoró from the early 2000s to the present time? From this point of view, the main goal of this paper consists of analyzing the main conditions and factors that lead to the expansion of Mossoró real estate market in the first years of 2000.Keywords: Mossoró-RN; Real Estate Market; Urban Space; PMCMV ResumenLas acciones de las fuerzas políticas y el territorio capital mossoroense, han diseñado la reunión de un conjunto de condiciones favorables para el desarrollo el expresiva del mercado de vivienda en la ciudad. Dicho desarrollo se manifiesta por el importante monto de inversiones aplicadas en la producción de condominios residenciales cerrada para clases, media y alta y la construcción de viviendas "popular" dentro del programa mi casa mi vida (PMCMV). Sobre los impactos de la dinámica del sector inmobiliario en la economía y en la reconfiguración de la ubicación del espacio urbano, tienes que preguntar: ¿Qué factores han impulsado el mercado de viviendas en Mossoró desde los primeros años del 2000 hasta la actualidad? Basado en esto, se define como objetivo central de este trabajo el análisis de las principales condiciones y factores responsables por el proceso de expansión del mercado inmobiliario en Mossoró desde los primeros años de 2000.Palabras clave: Mossoró-RN; Mercado Inmobiliario; Espacio Urbano; PMCMV

scholarly journals Proposals for Changes in Surveying-Legal Procedures for the Needs of Cadastre in Poland

2016 ◽  
Vol 102 (1) ◽  
pp. 67-77 ◽  
Author(s):  
Monika Mika
Keyword(s):  
Real Estate ◽  
Point Of View ◽  
Reference Systems ◽  
The Real ◽  
The Real Estate ◽  
Estate Management ◽  
Real Estate Management ◽  
Legal Procedures

Abstract The aim of this paper is to present the need for changes of geodetic-legal procedures for the cadastre and real estate management. This problem was analyzed both in theoretical and practical terms. In order to better present the analyzed technical and legal procedures, a study of several cases of surveying documentation was made. On their example the problems associated with the surveying services were shows and the formal and legal procedures, on the basis of which described surveying works were done were verified. The problem presented is current and valid not only for the comfort of the surveyor's work, but also from the point of view of the structure and modernization of the real estate cadastre, constituting the backbone of the real estate management. The article emphasized the need to unify the databases of state registers and the digitization of the National Geodetic and Cartographic Resources (PZDGiK). Research has shown that despite the continuous changes of legislation, there are still many shortcomings and gaps, which often complicate the surveying works. The surveyor must analyze and verify all materials he uses, including those obtained from the Centre of Geodetic and Cartographic Documentation (ODGiK). The quality of the geodetic and cartographic elaboration depends largely on the work of the Centre of Geodetic and Cartographic Documentation. The need of modernization of the Land and Buildings Registry, which acts as a cadastre in Poland, has been demonstrated. Furthermore, the unification of data used as reference systems both for plane coordinates and elevation has been proposed.

scholarly journals A new frontier in construction investments: Data Centres and technical factors affecting risk profile

2018 ◽  
Vol 251 ◽  
pp. 06009 ◽  
Author(s):  
Stefano Bellintani ◽  
Gianandrea Ciaramella ◽  
Alberto Celani
Keyword(s):  
Real Estate ◽  
Business Model ◽  
Real Estate Market ◽  
Risk Profile ◽  
Point Of View ◽  
Factors Affecting ◽  
The Real ◽  
The Real Estate ◽  
Minimum Quality Standards ◽  
Data Centres

The interest of Construction investors towards Data Centres is a novelty that however is not supported by an adequate level of knowledge of the technical characteristics that distinguish this particular building type. In fact, these are complex buildings, which are rarely dealt with in the literature (real estate and construction) and very different from the typical asset class of the real estate market, for which it requires a very high level of specialization. From an investor's point of view, although there are some reference standards that define some minimum quality standards, we need to widen our attention, focusing on all the technical / technological factors that influence the business model. The paper deals with this problem, trying to identify the different elements that influence the risk profile of the investment (thus omitting risk factors of another kind) and structuring them in clusters. Specifically, the paper focuses on the cost factors (passive cycle of the business model) that accompany the investment or the real estate asset “data centres” in its life cycle.

scholarly journals Risk Profile of Customary and Statutory Property Rights: Implication for Real Estate Development in Port Harcourt

2018 ◽  
Vol 7 (1) ◽  
pp. 39-56
Author(s):  
Utchay Augustine Okorji ◽  
Modupe Moronke Omirin
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Risk Profile ◽  
The Other ◽  
Real Estate Development ◽  
Risk And Uncertainty ◽  
The Real ◽  
The Real Estate ◽  
Real Estate Sector ◽  
Port Harcourt

Real estate developments are characterised with risk and uncertainty. The more knowledge of the environment, unique characteristics and experience of a location, the easier it is to manage risk and reduce the possibility of unpleasant situations occurring. This article considers the risk profile of customary and statutory property rights in order to inform developers, investors and stakeholders on issues that need to be understood while dealing with such property rights in Port Harcourt. Litigations arising from intra-family and intra-communal disputes over boundaries are the main challenges to the security of customary property rights. On the other hand, the fallout of weak governance and conflicts between customary and statutory property rights constitute the major challenges to the security of statutory property rights. This article concludes by highlighting steps that could be taken to make Port Harcourt more investor friendly to the betterment of the real estate sector and the general economy.

scholarly journals Teaching And Research Interests In Real Estate

2011 ◽  
Vol 6 (1) ◽  
Author(s):  
Ravindra R. Kamath
Keyword(s):  
Real Estate ◽  
Academic Discipline ◽  
Colleges And Universities ◽  
The Other ◽  
Teaching And Research ◽  
The Real ◽  
The Real Estate ◽  
Assistant Professors ◽  
Conducting Research ◽  
Finance Professors

This paper presents the findings of an investigation aimed at determining teaching and research interests of U.S. finance faculty regarding the academic discipline of real estate.  The paper focuses on two groups of finance faculty from six academic years spanning the 1994-2005 period.  While one group consists of an exhaustive roster of titled professors of finance as per the Hasselback directories, the other consists of randomly selected samples of finance educators from over 800 U.S. colleges and universities.  On average, about 1 in 14 titled professors and 1 and 13 randomly selected finance professors had noted real estate as an area of teaching interest.  Approximately 5 percent of all reported teaching interests were in real estate for both groups of faculty.  The study also reveals that about 1 in 11 titled professors and 1 in 12 sampled faculty had an interest in conducting research in the real estate field.  Among the randomly selected finance faculty who wanted to teach or perform research in real estate, less than 20 percent were assistant professors, 30 percent were associate professors and more than 40 percent were full professors.

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