Download or read book Legal Certainty in Real Estate Transactions written by Bertrand Du Marais and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put into practice in French and English law, using commercial real estate as a case study. Not only does this study identify the economic impact of the law in both jurisdictions, it also looks at the practitioners' functions in dealing with commercial real estate transactions. In other words, it analyzes the topical position of practitioners, such as the French notaires and the role of solicitors in England. Nowadays, the profession of notaires is confronted by numerous challenges. For instance, nationality requirement for its access has been ruled by the ECJ as contrary to the freedom of establishment and article 49 TFEU, and not justified by "the exercise of public authority." In this study, the authors argue that the actual nature and the quality of the work done by the practitioners should be considered, as well as financial cost and delays. They also argue that a liberalization of professions, such as civil law notaires, would have very little impact on the cost associated with doing business. As a matter of fact, both the English and the French mechanisms are very similar in their objectives and outcome even though they handle the same transaction differently because of the culturally different relevant angles. (Series: Ius Commune Europaeum, Vol. 147) Subject: Property Law, Commercial Real Estate Law]
Download or read book The Law of Obligations in Central and Southeast Europe written by Zvonimir Slakoper and published by Routledge. This book was released on 2021-08-16 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overview of the recodification, modernization, and reform of the law of obligations in Central and Southeast Europe. In Part I, chapters discuss the process of recodification in the Slovak Republic, Czech Republic, Poland, and Hungary, with focus on the main novelties in their contract and tort law. The chapters in Part II then discuss several, more specific legal institutes of the law of obligations, and other recent developments and contemporary challenges to the law of obligations in the Czech Republic, Slovenia, Croatia, Serbia, and Turkey. This book is of interest to legal scholars in the field of private law, as well as to students, practitioners, members of law reform bodies, and civil servants in Central and Southeast Europe, and beyond.
Download or read book The Shifting Meaning of Legal Certainty in Comparative and Transnational Law written by Mark Fenwick and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
Download or read book Examples Explanations for Real Estate Transactions written by Barlow Burke and published by Aspen Publishing. This book was released on 2021-06-14 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
Download or read book Commercial Real Estate Transactions Handbook written by Mark A. Senn and published by Wolters Kluwer. This book was released on 2009-01-01 with total page 2520 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the number and complexity of commercial real estate transactions reaching unprecedented levels, professionals in this high-stakes industry face a daunting task: keeping up with the constant legal and regulatory changes that can impact every phase of a deal. Commercial Real Estate Transactions Handbook, Fourth Edition will help you plan, negotiate and close deals using the insights and strategies of nationally recognized real estate attorney Mark Senn and over 20 experts in the field. Collectively, the editor and contributors have handled virtually every possible variation of commercial real estate transactions. Their clear, concise discussions will guide you step-by-step through each phase: Land and space acquisition Creating the owning entity, design and construction, due diligence, interim and term financing, and occupancy leases The ultimate sale or disposition of the project In addition, Commercial Real Estate Transactions Handbook is logically organized by topic, so you always find the information you need quickly and easily. Each chapter covers one broad topic area. Major subjects are then distilled into highly informative sections that focus on specific practice-oriented suggestions from the unique perspective of the and“less experiencedand” or and“disadvantagedand” party.
Download or read book Research Handbook on European Property Law written by Sjef van Erp and published by Edward Elgar Publishing. This book was released on 2024-10-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together global experts in the field, this Research Handbook presents an overview of recent developments in property law in European jurisdictions and in European Union law. It analyses the ways in which these frameworks adapt to modern challenges such as climate change, digitalisation, an ageing population and the effects of pandemics.
Download or read book Comparative Law Yearbook of International Business written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2004 volume of the Comparative Law Yearbook of International Business contains a wide variety of topics of interest to international commercial lawyers and their clients. Various areas of company law are discussed, including mergers and acquisitions, piercing the corporate veil and the financing of share acquisitions. The Yearbook also contains several chapters on investments and securities, including the need for corporate governance in this area and the role of collective investment schemes in Bermuda. Some chapters deal with the introduction of now technology into the competition law issues encountered by the telecommunications industry. The introduction and effects of new legislation generally are also addressed, including the new Ukrainian Commercial Code and Brazilian Civil Code. In addition to discussions on intellectual property, arbitration and asset protection, the Yearbook contains a section on real property rights, including a very interesting comparison between the way in which China and Indonesia view property rights and the treatment received by such rights in Western society. Various areas of law also are looked at from a European point of view, such as the increase in American-style asbestos litigation in Europe, the hiring out of workers within Europe and the effect of the European Convention on Human Rights upon business. With the ever-increasing introduction of new technology, the expansion of global communications, new attitudes towards business and commerce and increased awareness of personal and property rights, there is a constant need for the law to develop in order to adequately deal with these issues. The yearbook branches out into some of the innovative and topical areas of contemporary law, and should be of great interest to anyone involved in modern-day business.
Download or read book Legal Certainty in a Contemporary Context written by Mark Fenwick and published by Springer. This book was released on 2016-04-02 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.
Download or read book Real Estate Transactions written by Robin Paul Malloy and published by Aspen Publishing. This book was released on 2023-09-14 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A user-friendly introduction to real estate law and the market factors that shape basic transactions, providing accessible coverage, enriching practice applications, structured perfectly for a one-semester course on real estate transactions. This concise and user-friendly casebook provides students with the tools necessary to understand real estate transactions in a real-world market setting. Real Estate Transactions is accessible to students with no prior background in real estate or business and coverage includes many real property and contract law materials tested on the Bar Exam. Multiple practice applications are included in every chapter to provide a bridge to “real world” law practice and preparation for assessments of lawyering skills (like the MPT). It also features cases and materials that reveal ethical and professional responsibility issues that allow students to see professional ethics in a real-world context. This integrated approach to explaining the market and ethical constraints on transactional real estate lawyers includes clear and concise explanations on each topic. New to the Sixth Edition: Two new co-authors: Andrea J. Boyack and James J. Kelly, Jr. Updated cases and text, including material on recent legal developments. Discussions of impactful current events, including the long-term impacts of the COVID-19 pandemic. Updated materials on market changes affecting real estate. New and improved problems in every chapter. Material on the evolving concerns about social justice. Professors will benefit from: Practice application problems that increase in difficulty with each section. Structured to balance theory and practice by emphasizing what successful transaction lawyers do daily. Multiple assessment opportunities allow for flexible grading approaches, enable students to demonstrate mastery of the material prior to the final exam, and can generate written responses that provide important information about student learning.
Download or read book An algorithmic theory of Private Law written by Rubén Rodríguez Abril and published by BOD GmbH DE. This book was released on 2022-06-24 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this paper is to explore the possible applications of Automata Theory and the technologies of the Fourth Industrial Revolution (particularly blockchain) to the field of Private Law, and particularly to the documentation of the rights and duties of individuals. Throughout its sections, a systematic definition of the digital asset is provided, and parallels and analogies are drawn between the algorithms that regulate the transmission of digital rights and legal rules. The existence of algorithms of a truly normative nature is explored. Some of these normative algorithms are limited to developing legislation of the corresponding State, while others, such as those residing in blockchains, configure a legal structure independent of any State authority that the author comes to call "algorithmic legal system". The book proposes, in its second half, the use of these normative algorithms to incorporate into cyberspace the transactions of real estate rights and the phenomenon of the legal person. In addition, proofs of concept are offered for a new Land Registry and a new Registry of Legal Entities with fully automatic operation.
Download or read book Real Estate Due Diligence written by Tobias Just and published by Springer. This book was released on 2017-09-27 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due diligence is the bedrock of real estate deals, regardless of the volume of transaction. This book presents a comprehensive guide to understanding and implementing due diligence and making an accurate assessment of the risks. While this process has become a “no-brainer” for investment professionals, the market standard on this essential topic has not yet been laid out in a comprehensive form that covers all the major aspects of real estate due diligence: legal, tax, financial and technical issues. This book fulfils that need, and gives it a form that can be used for German, European, or even international transactions. Written in a reader-friendly fashion, the easily navigable chapters are organized into the four due diligence dimensions, with ample examples and key takeaways. Be they real estate investors, or a management students specializing in the asset class, this book is a core resource for anyone wanting to get to grips with due diligence.
Download or read book Wait No More written by Benjamin Roseth and published by Inter-American Development Bank. This book was released on 2018-06-06 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the smallest unit of public policy: the government transaction. Government transactionsrequesting a birth certificate, registering a property, or opening a business, for exampleare the way that citizens and companies connect with the government. Efficient transactions enhance the business climate, citizen perception of government, and access to crucial public programs and services. In Latin America and the Caribbean, however, government transactions are often headaches. Public institutions rarely coordinate with each other, still rely on paper, and are more concerned about fulfilling bureaucratic requirements than meeting citizens needs. Wait No More empirically confirms a reality known anecdotally but previously unquantified and offers a path to escape the bureaucratic maze.
Download or read book Keeping Pace with Change Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Download or read book Examples Explanations for Property written by Barlow Burke and published by Aspen Publishing. This book was released on 2019-03-13 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examples & Explanations: Property, Sixth Edition, is a study aid that offers clear textual introductions to legal terms and concepts in property law, followed by examples and explanations that test and apply the reader’s understanding of the material covered. Both authors have years of experience presenting material in a clear and compelling way. With its rich pedagogy that features boldfaced legal terms and visual aids, Examples & Explanations: Property, Sixth Edition, fills a niche that is distinct from other books. Using a six-part topical organization, accomplished authors Barlow Burke and Joseph Snoe ensure that the rules and doctrines making up the first-year course on the law of property are well covered. New to the Sixth Edition: Revised and rearranged coverage and examples to focus on major points and concepts and to clarify more obscure issues Simplified examples and questions to highlight the main issue A more structured development of Chain of Title problems inherent in recording systems An added discussion of Construction Industry of Sonoma County v. City of Petaluma in the exclusionary zoning section Incorporation of the Department of Justice’s regulations and examples interpreting the Religious Land Use and Institutional Persons Act Expanded guidance on the Wireless Communication Facilities Act Reorganization of the chapter on Takings to emphasize how exceptions build on the Penn Central Transportation Co. v. New York City ad hoc factors Discussion on Muir v. Wisconsin in the Takings analysis (states’ ability to conceptually merge parcels to defeat a Takings claim) Follow-ups on the effect (or lack thereof) of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection Brief discussion of Marvin M. Brandt Revocable Trust v. United States in easement chapter (whether a railroad abandoning a strip of land held an easement or a fee simple determinable) Clarification and expansion of the discussion of landlord-tenant issues
Download or read book California Supreme Court Records and Briefs written by California (State). and published by . This book was released on with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Appeal Case(s): B020141
Download or read book Start Ups and SMEs Concepts Methodologies Tools and Applications written by Management Association, Information Resources and published by IGI Global. This book was released on 2020-01-03 with total page 1687 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smaller companies are abundant in the business realm and outnumber large companies by a wide margin. To maintain a competitive edge against other businesses, companies must ensure the most effective strategies and procedures are in place. This is particularly critical in smaller business environments that have fewer resources. Start-Ups and SMEs: Concepts, Methodologies, Tools, and Applications is a vital reference source that examines the strategies and concepts that will assist small and medium-sized enterprises to achieve competitiveness. It also explores the latest advances and developments for creating a system of shared values and beliefs in small business environments. Highlighting a range of topics such as entrepreneurship, innovative behavior, and organizational sustainability, this multi-volume book is ideally designed for entrepreneurs, business managers, executives, managing directors, academicians, business professionals, researchers, and graduate-level students.
Download or read book Optimal Management Strategies in Small and Medium Enterprises written by Vemi?, Milan B. and published by IGI Global. This book was released on 2017-01-18 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business sustainability is becoming increasingly difficult amongst the demands of today’s markets. By implementing new and dynamic practices, organizations can optimize their day-to-day operations and improve competitive advantage. Optimal Management Strategies in Small and Medium Enterprises is a key source on the latest innovations in enhancing all main management functions, such as working capital and marketing, and examines how to implement sustainable business management practices. Featuring extensive coverage across a range of relevant perspectives and topics, such as human resources development, market orientation, and knowledge management, this book is ideally designed for business managers, professionals, graduate students, and researchers working in the field of smaller-scale business development initiatives.
