GLOSSARY part II

Finally, after a pause, resumed our project information and training for real estate agents and for those who, for whatever reason, has to do with real estate, even just plain people who buy and / or sell. We had left our Glossary to the letter “C”, we will resume with another group of three letters:

D-E-F

D.I.A.
statement login, enabling administrative title to most of the construction works.

DE CUCIUS
is an expression that comes from the Latin deceased inherited agitur (person whose inheritance is) to indicate that the deceased person leaves a legacy.

DECREE TRANSFER
Judge device that transfers the property, to be sold at auction, the successful tenderer.

DEMANIO
all the property belonging to the State, Regions, Provinces, Municipalities, inalienable and not usucapibili. It is divided into: D. art and culture (museums, libraries, etc..), D. water (rivers, lakes, etc..), D. maritime (sea shore, beaches, ports, etc..), D. military (works for the defense), D. roads (public roads).

DEPOSIT
expected to sign a lease, even, at most, three months’ rent. It ‘production of legal interest to be paid annually

URBAN DESTINATION
Certificate issued by the city, contains the requirements relating to a particular urban parcel of land affected by a sale of land. It should be annexed to the deed of sale under penalty of nullity of the act itself.

REAL RIGHTS
rights in rem on real estate, subject to transcription, are (Circular Ag Land n. 3/2004): properties; superficiaria property, property in the area; bare ownership, bare ownership superficiaria; house; house on property superficiaria; right of the grantor; dell’enfiteuta law; surface, use, use of superficiaria property, usufruct, usufruct of property superficiaria; servitude.

DETENTION
exercise of power over something that you do not have.

RIGHT OF COUNTRY
consists in the power of a person to live in the house whose use is granted by the owner, within the limits of the same needs dweller and his family. For the sale and for the apportionment of costs is as specified for use. (Article 1022 of the Civil Code).

RIGHT OF RETENTION
be exercised only in cases provided by law, by which those who have in good faith a thing can feel it as long as it was not satisfied with his claim by the owner.

RIGHT OF SURFACE
real right of enjoyment that is the ability to build and maintain a building above the ground of others.

AVAILABLE
is the share of assets from which a person, as opposed to the share of self, can freely dispose (by gift or by will direct or indirect) in favor of anyone.

POSTING
distance that must be observed in construction compared to boundaries or other buildings.

DOCFA
procedure of geometric representation of housing units and their appurtenances in electronic form, in accordance with criteria and computerized calculation programs imposed by the Land Registry. Can be performed by a technician appointed by the owner of the property. The cadastral plan contains a series of news: common and any taxable area, references to the building, floor, inside, orientation and scale of representation, refer to the sheet, the particle and any subordinate. The income attributed to the following procedure Docfa remains in the land acts as an annuity proposal until the office does not provide, by means of assessment, within 12 months.

Donatum
value of what the deceased has donated during life, with donations direct or indirect. By adding “relictum” (the left) to “Donatum” (as given) you get the value of the “fictitious mass” on which to calculate the coordinates of “legitimate” and the dimension “available.”

DONATION
contract by which one party (the donor) gives a right to another (donee). The donation must be made by public deed in the presence of two witnesses, under penalty of nullity. Those who might become heirs after the death of the donor have the opportunity to object to the donation. Through this act the heirs prevent the course of twenty years consolidating in regards the persons claiming rights they buy, so that, acting in reduction even after a longer period, can be seen back in the good nature and free from rights third parties.
The right to object to the donation is personal, which is expressed in the act must be notified to the donee and his heirs and transcribed in public registers, where it relates to real estate or movable property registered. Remains effective for twenty years after its transcription, which can be renewed before it expires. The right to object may be waived and the waiver involves a protection for assignees from the donee after the said period of twenty years, while it should be pointed out that the opposition does not constitute waiver, however, renunciation of reduction. In fact, the heirs can not waive the right to propose that last action, until the one whose legacy is still alive, with no express statement or giving their consent to donation. They can only give acquiescence to the donation done, when the donor is already dead.

DONATION INDIRECT
activity or transaction that, while producing the depletion of the assets of an entity and the corresponding enrichment of one another, and, therefore, the result of a donation is made by resorting to acts other than the real contract of donation ( example, the wife who pays a debt of the husband, the father who pays the price of goods purchased by his son, the fake sale between father and son without payment of price, the sale price is ridiculously low, etc..).

DUE DILIGENCE
literally “due diligence” in practice that “the good father.” By common definition, is the set of activities (usually carried out in advance in case of investment and generally carried out by external consultants), aimed at deepening – usually more steps – the situation technical building, town planning, environmental, administrative, fiscal and market a property, or a company that owns real estate.

 

BUILDING AGEVOLATA
benefiting from loans secured by state subsidy.

BUILDING CONVENTIONED
for which the promoter engages an agreement with the City to sell or lease the property for a number of years, at certain prices.

SUBSIDIZED HOUSING
publicly funded.

LONG LEASE
right at least twenty years granted by the owner (lessor) to another person (enfiteuta – livellario) to enjoy a fund with the obligation to improve it and to pay a periodic fee in cash or in food. Dies for enfranchisement (see below), for devolution (see) the law (16/74) if it is made before 28/10/1941 with rent less than 1000 pounds, by adverse possession if the rent has not been paid for twenty years and the grantor has not exercised the power of recognition of his right within the nineteenth year (Article 957 et seq. CC).

FAIR FEE
fee determined by L. 392/78, for the rental of housing.

HEIR
person, called to succeed by law (legal heir) or by will (testamentary heir) has accepted the inheritance, replacing in whole or in part in legal relations and lending communicable belonging to the deceased.

LEGACY ‘STORAGE
Occurs when, for whatever reason, are called inheritance (for both legitimate succession that testamentary) did not accept the inheritance and are not in possession of the property. The E. G. is temporarily assigned to a trustee appointed by the Court.

ENFORCEMENT
Compulsory process activated by the dealer as a result of the collection of arrears of the taxpayer, consisting in the auction of his assets of sufficient value to ensure the satisfaction of the claim.

EXECUTION REAL ESTATE
proceedings brought before the Court by the creditor equipped with enforcement to execute the seizure of property belonging to the debtor enforcement is sought. Within 90 days of notification of foreclosure, the lender must submit the application at the Court for the sale of foreclosed and documentation mortgage and land.

EXPROPRIATION
compulsory acquisition of private property, with compensation from public bodies.

CADASTRAL
census data to determine, for tax purposes, the taxable income of the property.

EXTRACT CADASTRAL
or certified copy of the findings in the maps and other land records.

WITHDRAWAL
operation of the exclusion of property from the property of the company to the private sphere of the entrepreneur.

EURIBOR
(Euro Interbank Offered Rate) is the average rate for the European interbank reference rate mortgages, is an index and is one of two components of the interest rate of an adjustable rate mortgage. It ‘a value that changes every day in relation to movements in the financial markets. Is broadcast daily by the Banking Federation of the European Union with prices 1 month, 3 months, 6 months.

EURIRS
interbank rate used as a reference parameter for the calculation of the fixed rate. Is broadcast daily by the European Banking Federation and is equal to a weighted average of the prices at which banks operating in the EU realize the Interest Rate Swap (exchange of flows of interest of various kinds).

EVICTION
loss of the goods purchased for fees payable to third parties. The seller has an obligation to ensure the purchaser from claims by third parties that they have a claim on the property.

RURAL BUILDING
functional building for the cultivation of a country estate.

FAIR VALUE
The term is French, and means “fair value” and is defined as: a rational and impartial estimate of the price of a good or service taking into account factors such as the scarcity, utility risk, the cost of production or replacement namely, all those elements that the theory of value used to determine the price of a good. Usually the Fv is the market price. Although there are circumstances in which the market price does not meet the definition of Fv, the market price is generally accepted, in the absence of alternatives.

BAND OF RESPECT
strip of land on which there are limitations to the realization of buildings, fences and plantations.

FILE OF BUILDINGS
is the document prepared by a qualified engineer on the basis of technical-administrative documentation provided by the owner or administrator of the condominium, which attests to the state of preservation of the buildings, designed to detect and prevent situations of structural risk and plant and protect the safety of the users.

 

FEE
the burden that the provider of a service must receive from the beneficiary for the provision of the service.

GUARANTEE
is the act by which a person, the guarantor undertakes personally to the lender by ensuring the fulfillment of an obligation of others. The guarantee is effective even if the debtor does not have knowledge. The guarantee can be given for a bond conditional or future, in the latter case there must be the maximum amount of the guarantee. (Code Civ. 1936-1957).

DOMINANT BOTTOM
land or a building that has a right of servitude imposed on land or adjacent building (full serving).

FUND serving
land or a building burdened with servitude in favor of land or a building next door (the dominant).

REAL ESTATE FUND
mutual fund (closed) in property (Law 86/94).

FUND BALANCE
the law states that each spouse or both, by public deed or a third party even by will, can be a capital fund, allocating certain movable or immovable property registered in public records or debt securities (eg. stocks and bonds), at to meet the needs of the family. When the constitution of the fund assets is made by a third party is concluded by acceptance of the spouses. The ownership of the assets constituting the capital fund belongs to both spouses, unless otherwise provided for in the constitution and the fruits of the property must be used for the needs of the family. And ‘possible to sell the assets of the fund assets only with the consent of both spouses if there are minor children and with the permission of the judge and only in cases of necessity or evident utility. The assets constituting the fund are protected from enforcement actions for debts that the creditor knew they were contracts for purposes unrelated to the needs of the family. The destination of the fund ends following the annulment or dissolution or termination of the civil effects of marriage. If there are minor children, the fund lasts until the coming of age of the last child: in this case, the court may dictate, at the request of anyone interested, rules for the administration of the fund.

FORESTERIA
the lease for guest use, not provided but not excluded by law 392/78 provides, provided that there is (in favor of this hypothesis art. 145 of the Finance Act 2001 which made deductible dall’IRPEG rents of apartments leased by the company to its employees), that the holder is a corporation, which allocates the apartment for the temporary use of an employee. The lease to use the guest should fall into the category of so-called atypical locations, governed by Articles 1571 and following of the Civil Code. On the subject, are not found, however, case law of some reliability.

FRANCHISE
franchise agreement for the operation of a business or services in return for payment of a fee (royalties) due by the franchisee (franchisee) the grantor company (franchisor).

FRACTIONATING
(Real estate) is the division of property into two or more units.
(Mortgage) is the distribution of the original amount of a loan, or the principal outstanding at the time of the transaction, in several installments, so that those who bear the same answers to the funding body in their value limits. The splitting of the loan is typically when the same is secured by a mortgage, even splitting of the mortgage.

HANGING FRUIT
value of the fruits that are found in a soil, even if not immediately collectible.

FOLLOW THE LETTERS Ghil ……………………