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Margarita in the Stages This blog will be dedicated to advise to the community, on the application of Justicia.Comentary of: the sentences and, we will make interpretations of the Laws, especially the real estate ones. This way, as any other one that affects to the Venezuelan community. The cooperation is our North



lunes, febrero 15, 2010

INGERENCIA OF THE LAWS !! EYE !!

INGERENCIA OF THE LAWS! EYE! Continuing with our disquisición, we should make stress in the location, we leave sat down that each Governorship of the country should have its plane of Urban Classification, and based on the, we will settle down which properties are subjected to the Law The article Nº 1, in I comment, it includes the Industrial, commercial, educational local, professionals and with an expression something ambivalent, ".. and another different to those specified", it institutes, a quite wide environment for the interpretation. We believe that this concretion lack, on the part of the Legislator, believe a confusion in this respect, that which should be clarified in future modifications to the Law or in its Regulation. Equally they are included inside the Law, those sublet, and those leased by parts. That is to say that the lease, of a room in a house or apartment, this included in the sphere of the Law. The expression ".. or for parts it is incluyente. I want to highlight that the properties leased for educational institutions this inside the law of leases, for expressed disposition. But equally to the being Institutions that you/they lend a public service they are protected by their specialty. Article 2. - The lease cánones or subarrendamiento of the properties dedicated to housing, trade, industry, office and others; of the annexes, and accessories that are leased with them, they are subject to regulation under the conditions determined in this Law. In principle all the properties under the jurisdiction of the Law are subjected to regulation, this is that the freedom in settling down the I mount of the lease canon it leaves the sphere of the contracting parties, since it is the State the one that determines their value arrendaticio. This this working at level of the big cities of the Country. But in most of the populations of the interior, it is not possible to achieve regulations, since most of the Governorships don't have the appropriate department for it, and, we can affirm that they are not interested in developing this obligatory service. They don't fulfill this remission of the Law and they leave the users in a conflict state. Regarding the properties dedicated to the lease of housings, the State, by means of the Executive, had intervened in the matter of prices, regulating in an unjust way. Since, authoritarianly, without mediating a market study, it has frozen the lease cánones. Not only this, but rather it punishes with refunds and tickets the violation to this freezing of prices. The housings have been declared of social interest, being therefore in hands of the INDEPABIS (government Institution, in charge of interfering in the economic environment, to regulate prices and sanctions that arrive until the expropriation to settle down) In reference to this topic, INDEPAIS, we have to delimit that at the present time you promulgates a reformation of the LAW FOR THE DEFENSE OF PEOPLE IN THE ACCESS TO THE GOODS AND SERVICES., published in the Official Gazette Nº39.358 of February of the year 1 2010. One can see of this law in the following address, http://www.tsj.gov.ve/index.shtml, in the part of Official Gazette. The dispositions of the Law, which is Unconstitutional, leaves in hands of the Executive, the ability to apply the sanctions of the same one, as regards leases. And like you authorizes to condemn, and to occupy the goods that are violating the dispositions of the same one previously. We can see in a near future that the Executive, by means of their organ executioner, INDEPABIS, take the properties that incumplan with the cánones freezing. These promulgated laws, without keeping in mind the National Legislative Organ, they can cause but I damage, of what was sought to regulate. The Civil Society, he/she has not noticed, of this, but I lift my voice to prevent future situations that can attack the goods achieved with so much effort.

1 comentario:

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