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Module
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Syllabus |
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Overview
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- Opening session. The real estate market.
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Module I
Real Estate Contracting
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- Sale and purchase agreement for real estate
- Preliminary sale and purchase agreement (promissory contract) for real estate
- Transfer of real estate in fulfilment of an obligation to contribute to a company (contribution in kind)
- Actio pauliana (Paulian action) challenging transactions involving real estate
- Construction contract for real estate
- Construction contract: the FIDIC contractual model
- Real estate brokerage/mediation agreement
- Urban lease regime
- Licensing and registration
- Special eviction procedure — Practical Seminar (SRS Legal)
- Mergers and acquisitions in the real estate sector — Practical Seminar (Garrigues)
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Module II
Property Law Aspects of Real Estate
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- Original modes of acquiring ownership of real estate: accession
- Original modes of acquiring ownership of real estate: acquisitive prescription (adverse possession). Limited real rights of enjoyment over real estate
- Co-ownership of real rights over real estate (co-ownership, condominium, marital community property and undivided inheritance)
- Action for partition of jointly owned property
- Vindication action and possessory actions
- Interim measures (injunctions)
- Pre-emption action (right of pre-emption)
- Horizontal property (condominium), real estate developments and registration — Practical Seminar (VdA)
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Module III
Financing the Acquisition of Real Estate
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- Common form of financing — loan agreement. Security interests/guarantees
- Special form of financing — real estate financial leasing
- Valuation of real estate assets
- Real estate financing — Practical Seminar (URIA)
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Module IV
Real Estate Investment
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- The real estate market: investors and regulators/supervisors. Real estate crowdfunding
- Contractual collective investment undertakings: investment funds
- Corporate collective investment undertakings (real estate investment companies) and real estate investment and management companies (SIGI/REITs)
- Anti-money laundering
- Real estate investment vehicles: real estate funds and real estate investment companies — Practical Seminar (RSA)
- Real estate joint ventures — Practical Seminar (Morais Leitão, Galvão Teles, Soares da Silva & Associados)
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Module V
Real Estate Taxation
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- Taxes on the transfer and holding of real estate
- Taxation of real estate capital gains
- Taxation of rental income and income from local accommodation (short-term rentals)
- Tax regime applicable to collective real estate investment undertakings — real estate investment funds and real estate investment companies
- Specific tax issues in real estate law — Practical Seminar (Abreu Advogados)
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Module VI
Administrative Real Estate Law
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- Spatial planning and land management. Legal Framework for Urbanisation and Building (RJUE)
- Urban regeneration
- Real estate due diligence. Urban planning and development deals — Practical Seminar (PLMJ)
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Module VII
Special Regimes: Tourism Developments and Shopping Centres
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- Legal framework for tourism developments and local accommodation (short-term rentals)
- Shopping centres: shop unit operation agreements
- Tourism developments — Practical Seminar (PLMJ)
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