Tag: law and order

Property Contracts

Society rented residential premises, paying rent on a monthly basis platu.Soglasno terms of the contract rent includes payment for room and board for the land. Inspection of the allocated amount of rent sum payment for the use of the land and removed it from the costs to society, referring to the invalidity of payment of land under the lease premises and failure to lease land site. However, in view of the Civil Code ch.1.st.652 the lease the tenant of the building or structure simultaneously with the transfer of ownership and use of such real estate transferred the right to land that is occupied by a property and is required for its use. As indicated by the Plenum of the RF in Article 22 of Decree of 24.03.2005goda 11 in the absence of the lease the building or construction conditions of the lease land is not a reason for recognition of his nedeystvitelnym.Pri such circumstances, the tenant may not require a court order concluding with the lease of the land uchastka.On can use land occupied by leased building or structure without a contract by operation of law during the term of the lease of real estate. It should be noted that it does not matter whether a person rents a rental building or the owner of the land site because, in accordance with Civil Code p.3.st.652 rent a building or structure located on land not owned by a landlord on the property right is permitted without the consent of the owner of this site prescribed by law or by contract with the owner of the land.

The inclusion of a lessor under such contracts in the rent payment for use of the land meets the Civil Code and ch.2.st.654 abz.4 title p.22.Postanovleniya SAC 24.03.05g from number 11. Lease term set thereof, not exceeding one year, makes it possible so that its state registration is not required (ch.2.st.651 Civil Code, the newsletter of the Presidium of the Russian Federation 53 of 01.06.2000g). Taking into account all the above, the company justified on the basis of lease of uninhabited premises be required to pay a fee for use of the land in the rent. The decision of the Tax Inspectorate Part revoked.

Identity Support

If you are interested in land, be extremely careful. The local administration should learn it for any additional burdens. Public easement, under which the land can eventually cause it to alienation. There were cases when to sell the land, which is a couple of years should begin to serve the needs of the city. For example, to become part of an aerodrome or place himself a new subway station. In a question-answer forum Philly Real Estate was the first to reply. After careful consideration stories are buying real estate, pay attention to the identity of the seller-owner. Need to figure out its powers and to secure the guarantees of the transaction.

The acquisition of commercial real estate – it is not easy. On the testimony of experienced lawyers – ideal objects do not exist, but the buyer depends on how they can minimize the risks. It is in order, that purchase residential or commercial property was not for you a tragedy, and transaction went smoothly, it is necessary to enlist the support of people who know. The best thing you can do – with legal order. Under the supervision of a professional process of purchase and will podazhi flawlessly. That that for you out of the ordinary event for a lawyer – a daily practice. Making the deal, the lawyers know what points require special attention. Legal support of real estate acquisition, you can avoid large monetary losses, and therefore you should not skimp on the service.

Normally, a lawyer will consist of three main stages: – the study of documents concerning the property and determine the actual owner and his rights – developing and carrying out an act of sale – registration of title of property. You can invite a specialist to perform all three steps, but you can for a specific task. The cost of such services is usually a lawyer, calculated as the total amount of work and the cost of purchased object. Only the support of these professionals, you can spend a perfect real estate deal.

Simplified Tax Systems

This article is part of a block of articles on the answers to frequently asked questions when applying for legal advice on the website in this case, the creation and registration of companies (legal persons): Question: Private enterprise, was reorganized in the form of transformation into a limited liability company (hereinafter – the Company) and the Uniform State Register of Legal Entities and Individual Entrepreneurs entry was made on state registration of legal entity – limited liability company (hereinafter – the Company). Does the company the right to use the simplified taxation system (hereinafter – STS) from the date of state registration? Answer: According to the second part of Article 287 of the Tax Code of the Republic of Belarus (hereinafter – the Tax Code) organizations and individual entrepreneurs that have passed state registration in the year in which They claim to use a simplified system, the right to use the simplified system starting from the date of their registration, provided the payroll number of employees of the organization does not exceed 100 people. Organizations and individual entrepreneurs applying for the application of SST from the date of their registration within twenty working days from the date of state registration is served in the tax office putting on record a statement about the transition to SST, which contains information about the payroll number of employees and the organization selected the tax base (tax bases). In accordance with paragraph 1.1 of point 1 of the State registration of business entities, approved by Presidential Decree of January 16, 2009, 1, created (reorganized) entities, including economic partnerships and companies, unitary enterprises, production cooperatives, are subject to state registration. According to Ohanley, who has experience with these questions. In accordance with Article 53 of the Civil Code in Article 15 of the Law of the Republic of Belarus of 09.12.1992 2020-XII ‘On Business Companies’ reorganization of legal entity (merger, division, separation, transformation) may be carried out by the decision of the owner of the property (the founders and participants) or the body of the legal person authorized by the constituent documents, and in cases stipulated by legislative acts – by the decision of public authorities, including the court. Legal entity is considered to be reorganized, except in cases of reorganization by merger, the moment of state registration of the newly created legal entities. According to Article 15 of Law of the Republic of Belarus of 09.12.1992 2020-XII ‘On Companies’ and Article 54 of the Civil Code in the conversion of one entity type into a legal entity of another type (the change of legal form) to the newly created entity transferred rights and obligations of the reorganized legal entity in accordance with the act of transfer, except the rights and obligations which can not belong to the created legal entity. Based on the foregoing, the Company, resulting from the reorganization of private unitary enterprise in the form of transformation and registered in the Unified State Register of legal entities and individual entrepreneurs have the right to USN application from the date of registration.

Ukrainian Mortgage Law

It is also important to take into account the provisions of Art. 39 of the Law of Ukraine “On mortgage” that the court may deny the claim of a mortgagee on the early transfer of the subject mortgage, unless the debtor or mortgagor admitted if it is different debtor violates the fundamental obligation, or mortgage agreement without prejudice to the mortgagee, or alter the scope of its rights. This provision Law is an estimate, in connection with this subject in detail and motivate the court must conclude, subject to the controversial situation, which they viewed at the contents of this assessment and the concept does not contradict his application of general content and purpose of law, which regulated the specific relationship. In this case, must be considered and proportionate to the cost of mortgage debt assets. Thus, the district court Turijsk Volyn region were denied the claim of ZAO CB “Privatbank” in Masuk AS, Masyuk DM of foreclosure of the mortgaged property – house and land and evict the defendants from the house.

Such a decision by the court reference to Part 3. 39 of the Law of Ukraine “On Mortgage” justified by the fact that apart from the defendants in the disputed house from his birth live and recorded two young children, arrears on credit agreement is not commensurate with the cost of mortgages subject (case 2-85). The Supreme Court of Ukraine supports this position and recommends that courts give motivation to all the arguments of the parties in the case, is a must fair trial (Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms).