COHABITATING RESIDENCES DURING THE PANDEMIC

Posted by & filed under Residential Law.

The residential relationship has always been the cause of numerous problems, such as incorrect vehicle parking, not respecting bin separations (e.g. common trash from organics and recyclables), construction noise after hours, or those who take advantage of the pandemic to implement a home office, etc.  The laws of cohabitation are stated in the Civil Code,…

PROPERTY AND SMOKING RESIDENTS

Posted by & filed under Residential Law.

A common problem in residential buildings is smoke and the strong smell of cigarettes, which violates the rights of neighbors.  Beyond the known health risks, there is also the consequent tension that can arise, especially between neighboring apartments. When the cigarette (or other substance) smoke begins to affect the quality of neighbors’ air, residents and…

RESIDENT, BUILDING, UNIONS, AUDITS AND INSPECTIONS

Posted by & filed under Residential Law.

Everyone living within a building and occupying an apartment (even on a short-term basis) is considered defined as a resident – whether it be the actual homeowner, child, spouse, or tenant.  Even a building employee who happens to live on the premises, is regarded as a resident. From the other side, however, not every resident…

RIGHTS / OBLIGATIONS OF RESIDENTS’ ASSOCIATION, LANDLORD AND TENANT

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A large point of conflict in a residential building can be how to define the rights and responsibilities of all those concerned – since there is a distinction between the actual building, resident, tenant, board member, voter, convention, among various others.  In this article we will clarify some definitions and their differences. WHO IS REGARDED…

DELAY W/ DELIVERY OF A PROPERTY AND TOLERANCE CLAUSE

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Oftentimes a celebration of signing over the transfer contracts for a property sale – can unfortunately be, due to various factors, tainted by a delay in the handing over of the property. For this reason, property developers often insert in the contract a so-called ‘tolerance clause’ in the case of such a delay in relinquishing…

PROMISE OF BUYING / SELLING + FINANCIAL REIMBURSEMENT

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The dream of homeownership is one of the most common and therefore, many homebuyers are attracted to the idea of buying something brand new directly from the plans. In this case, it is generally celebrated when the purchase contract is signed and ready and being a long-term contract, assumed that regular installments will be paid…

COMPENSATION FOR DAMAGES

Posted by & filed under Residential Law.

A frequent problem in residential buildings is structural damage in various forms, which can be exacerbated by negligence from the building’s management. For example, inside a building there can be pipes which are property of building management – in both vertical and horizontal form. The vertical ones are the responsibility of building management since they…

RISK OF FORMING A PROPERTY CONTRACT WITHOUT PROPER LEGAL GUIDANCE

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in almost all moments of our life, we observe various contracts – regarding purchase and sale of a property, the rental of a property, or whatever else. On the other hand, it is rather common that people find contract templates online, hoping that this will meet their needs in a simple and affordable manner. However,…

WHAT IS USUCAPTION AND HOW DOES IT WORK?

Posted by & filed under Residential Law.

In some neighborhoods, or even within some cities, properties are not always regulated correctly – as none of the residents possess a property title registered with the RGI (General Property Registry).  Generally, it’s only with particular documents such as locked contracts or when all properties are owned.  Possession is recognized by the courts, however, with…

JUDICIAL OR EXTRAJUDICIAL INVENTORY?

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Quite often it’s the parent or grandparent of a specific family that can reach their end and the children don’t seek to regulate the ownership rights of the properties and possessions left behind.  This can happen because, with the demise of any person, it’s essential to take care of a procedure called inventory, in addition…