Law

Real estate security for reimbursement of a debt

By Pierre-Olivier Martinez, LMBE Avocats

In accordance with a French Supreme Court decision, a real estate security granted by a real estate civil company to guarantee the reimbursement of the debt of one of its shareholders is not valid if it is contrary to the company’s corporate interest (Cour de Cassation, 8-11-2011), i.e. if:

  • granting the security is likely to endanger the existence of the company if the guaranteed debt is not paid, and no related benefit is provided to the company
  • even if such a guarantee is in line with the company’s corporate purposes of its articles of association.

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Real Estate

Recovering property market in Hungary

By Dr. Beáta Szegi, Kovács Réti Szegheõ Attorneys at Law

Property prices have risen over the past year, with the 2014 increase being the first significant rise since 2008. The national house price index rose by 6.68 per cent (7.42 per cent inflation-adjusted) during 2014, according to the Hungarian Central Statistical Office (KSH). House prices in Budapest superseded the national index, increasing by 6.88 per cent (7.63 per cent inflation-adjusted), although prices remain well below their pre-crisis peak.

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Real Estate

Property in Thailand: a sound place to invest?

By Paul Gambles, MBMG Group

With its year-round summer climate, friendly people and a relatively low cost of living, Thailand has become a soughtafter place to live. Despite increased supply, average condominium prices have gone up by over 50 per cent since 2009.1 Yet, at an average of around USD 3,500 per m2 (about EUR 3,200) for a city-centre apartment, Bangkok still represents relatively good value (see chart).2

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Real Estate

Amendments to Policies on Foreign Investment in the Chinese Real Estate Market

By Yuling Zheng, Shimin Law

On August 19, 2015, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce, the National Development and Reform Commission, the People’s Bank of China, the State Administration for Industry and Commerce, and the State Administration of Foreign Exchange jointly released the Amendments to Policies Concerning Access by and Administration of Foreign Investment in the Real Estate Market (Jian Fang [2015] No.122, the “New Policies”).  The New Policies have modified the former Opinions for Regulating the Access by and Administration on Foreign Investment in the Real Estate Market (Jian Zhu Fang [2006] No.171, the “Former Policies”) to relax the restrictions on foreign investment in the Chinese real estate market. 

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Real Estate

Purchasing farmland in Paraguay

By M. Yolanda Pereira Z. & Antonio Villa Berkemeyer, Berkemeyer Attorneys & Counselors

Paraguay has excellent land for agriculture, forestry and cattle rearing at relatively lower prices in comparison with neighbouring countries. This has attracted many investors. The acquisition of land is open to foreigners except for the restriction that the border security law imposes on nationals or companies from neighboring countries, Argentina, Bolivia, Brazil. It prohibits ownership of land within fifty kilometers of the border. The restriction may be waived by decree on public interest grounds.

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Real Estate

The Housing Market in Berlin: Recent developments, legal framework and investment opportunities

By Tilo Drebes, AIOS GmbH

Since the fall of the Berlin Wall in 1989,the city and its housing market have experienced quite a volatile development. The years up to the middle of the 1990s were euphoric, followed by a slump and stagnation until around 2010. Since then, prices have gone up again due to low interest rates, money inflow from other countries and the increased attractiveness of Berlin in general. Berlin currently has 3.5 million inhabitants. Projections of the population in the year 2030 vary between  3.6 million and 3.9 million.

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Real Estate

UK Property - Firm Foundations

By Paul Simmons, Haines Watts

Does UK property still present a path to robust returns for investors in 2015? Can the UK property growth seen in recent years be sustained? Property still features strongly in the UK pension and investment portfolios of business owners, but there’s one word upon which this sector’s growth hangs – stability.

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