Clifford Chance
Real Estate Newsletter Autumn 2010
19 October 2010
The Autumn edition of our Real Estate Newsletter focuses on sustainability in the real estate industry and possible implications for property law.
Our guest author is Simone Lakenbrink, who investigates the market outlook for sustainable building. Continuing the sustainability topic, Alexandra Schlicht and Bettina Krause highlight the implications of green building requirements for tenancy law and the law of real property sale.
In "Open-ended real estate funds – What next Mr. Schäuble?", Sven Zeller and Anja Breilmann explore the current state of the debate in the area of investment funds law, which includes heated discussions surrounding the partial regulation of open-ended real estate funds under the rules of the German Investment Act.
Christian Trenkel and Martin Barlösius present the latest case law from the German Federal Supreme Court relating to the options for immediate enforcement with assigned land charges and the requirements for entering into a surety contract.
Last but not least, Gerold Jaeger picks up on an old favourite – the latest case law from the Federal Supreme Court on requirements for the written form in lease contracts. Fortunately, the Court has resolved one problem for good – the issue of whether delayed acceptance of a lease contract that is subsequently executed establishes a written form defect. It does not – which is good news from an investor's point of view. Thus, it appears that things are starting to look up again!
