scholarly journals LAND RECOVERY AND THE ISSUE OF PROPERTY RIGHTS ASSURANCE UNDER THE MARKET ECONOMY CONDITIONS IN VIETNAM

2021 ◽  
pp. 25-35
Keyword(s):  
Property Rights ◽  
Market Economy ◽  
The State ◽  
Land Acquisition ◽  
Land Law ◽  
State Management ◽  
Land Owners ◽  
The Right ◽  
Article 5 ◽  
The Relationship

In Vietnam, land recovery (or land acquisition) is a tool of state management and also of exercising the right to represent the owner of the State over land (Clause 4, Article 9 of the Land Law 1987, Clause 4, Article 13 of the Land Law 1993, Article 5 of the Land Law 2013 and Article 13 of the Land Law 2013). In terms of market economy, land acquisition is also considered as a “stage” of the process of “coordination” of land (Hochiminh city University of Law, 2012, p. 163). Along with the development of land laws, the regulations on land recovery have also been gradually improved. However, its innovations are still not enough to meet the requirements of society in many aspects, such as: fairness, efficiency, etc.... According to official statistics, more than 70% of mass complaints and denunciations are related to land recovery (Linh, 2015). For this reason, we will try to clarify the above issues and make some suggestions to improve the provisions of the law related to the regulation of land acquisition, in the relationship between the State (with the representative way of land owners) and land users in order to offer solutions to protect the legitimate rights of land users.

scholarly journals Land Conversion for Tourism Development under Vietnam’s Ambiguous Property Rights over Land

Land ◽  
2020 ◽  
Vol 9 (6) ◽  
pp. 204
Author(s):  
Mai T.T. Duong ◽  
D. Ary A. Samsura ◽  
Erwin van der Krabben
Keyword(s):  
Property Rights ◽  
Tourism Development ◽  
Decisive Role ◽  
The State ◽  
Land Acquisition ◽  
Land Conversion ◽  
Land Law ◽  
Land Conflicts ◽  
Compensation Payment ◽  
Role Of The State

The paper aims to explore the process of land conversion for tourism development in Vietnam, under the present ambiguous and insecure property rights system. Four case studies in different geographical areas were selected to analyse land conversion and land compensation for tourism projects before and after the implementation of the new land law in 2013. The findings of this study show that, in the present legal system of land and property rights, the rights of local people are not sufficiently guaranteed due to the decisive role of the State not only in defining compensation prices for land in the case of compulsory land acquisition but also in determining whether tourism projects are in the public’s interest or not (thus deciding the appropriate land conversion approach as well as affecting price negotiations). The research also found that, although a voluntary land conversion approach (when the project is not in the public’s interest), based on the 2013 Land Law, offers land users a better negotiation position and a higher compensation payment, possibly reducing land-related conflicts between the State and land users, ambiguity over property rights in fact increased due to the government’s substantial discretion to choose between ‘public purpose’ and ‘economic purpose.’ The paper concludes with questioning whether the present legal basis for compulsory land acquisition is future proof since urbanisation pressure is likely to increase, which may lead to even more land conflicts in the near future.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

scholarly journals PERAN NOTARIS DALAM PELAKSANAAN PERJANJIAN BANGUN BAGI ANTARA ORANG-PERORANGAN DI KOTA JAMBI

Wajah Hukum ◽  
2018 ◽  
Vol 1 (1) ◽  
pp. 97
Author(s):  
Triamy Rostarum
Keyword(s):  
The State ◽  
Land Owners ◽  
The Right ◽  
Construction Delay

The form of conveyance are not only through legal act sales and purchase agreement. Land owners who want to build a building in their land,but do not have the funds (capital) can do the deed of the build and sharing Agreement. Build and sharing agreement is a legal agreement between a person who was land owner and another party(second party) who is given the right to build on the land, on condition that the profits are divided into two: for the land owner and the developer. Build and sharing agreement can be made by a notarial deed as an autenthic deeds. Notary as an official appointed by the State authorities in making the deed of build and sharing agreement. Notary is the instrumental intranslating carefully and clearly explained the intent of the parties, thus achieved an agreement between the parties.The role of notary is more than that set in the Act, notary act as mediator in differences of views against something in a legal agreement between two parties. Also, notary must explain the risks and constraints that may be encountered later in the implementation of the build and sharing agreement and mediate in seeking the prevention and solution to these constraints. The constraints faced in the implementation of build and sharing agreement are construction delay; negligence committed by second party and occurred problems in land ownership.Keywords: Build and sharing Agreement, the role of the notary.

scholarly journals SEGURIDAD Y JUSTICIA BAJO ACOSO EN TIEMPOS DE VIOLENCIA NEOLIBERAL: las respuestas de la policía comunitaria de guerrero

2013 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Maria Teresa Sierra
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
The State ◽  
Community Police ◽  
El Sistema ◽  
The Right ◽  
Key Aspects ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

La policía comunitaria es una institución de los pueblos indígenas de Guerrero conocida por su capacidad para enfrentar a la delincuencia y generar alternativas de paz social., através de un sistema de justicia y seguridad autónomo. En los últimos años, sin embargo, el sistema comunitario enfrenta el acoso de actores diversos vinculados al incremento de la violencia y la inseguridad que se vive en el país y especialmente en el estado de Guerrero; dicha situación está impactando a la institucionalidad comunitaria, obligando a su redefinición. En este trabajo destaco aspectos centrales de dicha conflictividad así como las respuestas que han dado los comunitarios para hacer frente a las tareas de justicia y seguridad en el marco de nuevos contextos marcados por el despojo neoliberal y la impunidad de actores estatales y no estatales. En este proceso se actualiza la relación de la policía comunitaria con el Estado revelando el peso de la ambigüedad legal y los juegos del poder así como los usos contra-hegemónicos del derecho para disputar la justicia. ---SEGURANÇA E JUSTIÇA SOB ACOSSO EM TEMPOS DE VIOLÊNCIA NEOLIBERAL: respostas do policiamento comunitário de GuerreroO policiamento comunitário é uma instituição dos Povos Indígenas do Guerrero conhecidos por sua capacidade de lidar com o crime e gerar paz social de forma alternativa, usando um sistema próprio de justiça e segurança. Nos últimos anos, no entanto, o sistema da UE enfrenta assédio de várias autoridades envolvidas no aumento da violência e da insegurança que reina no país e, especialmente, no estado de Guerrero; essa situação está afetando as instituições comunitárias, forçando a sua redefinição. Neste artigo, destaco os principais aspectos do conflito e as respostas que têm a comunidade para lidar com as tarefas da justiça e da segurança no contexto dos novos contextos marcados por pilhagem neoliberal e a impunidade de atores estatais e não estatais. Neste processo, a relação de policiamento comunitário com o estado é atualizada, revelando o peso da ambiguidade e dos jogos de poder legais, além de usos contra-hegemônicos do direito de disputar a justiça.Palavras-chave: violência neoliberal; Guerrero; comunidades indígenas---SECURITY AND JUSTICE UNDER HARASSMENT IN TIMES OF NEOLIBERAL VIOLENCE: responses of the Community Police of GuerreroThe community police is an institution of the Indigenous Peoples of Guerrero known for its ability to deal with crime and generate alternatives for social peace, using a system of justice and self security. In recent years, however, the EU system faces harassment from various people responsible for the increase of violence and insecurity within the country and especially in the state in Guerrero; this situation is impacting instituitions in the community, forcing their redefinition. In this paper I highlight key aspects of the conflict and the community's responses to deal with the tasks of justice and security in new contexts marked by neoliberal plunder and impunity of the state (as well as non state figures). In this process, the relationship of the community police with the state is updated revealing the weight of legal ambiguity and power plays, as well as counter-hegemonic use of the right to dispute justice.key words: neoliberal vilence; Guerrero; indigenous people.

scholarly journals PENATAAN HUBUNGAN HUKUM DALAM PENGUASAAN, PEMILIKAN, PENGGUNAAN, DAN PEMANFAATAN SUMBER DAYA AGRARIA (Studi Awal terhadap Konsep Hak Atas Tanah dan Ijin Usaha Pertambangan)

2016 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Oloan Sitorus
Keyword(s):  
Land Tenure ◽  
Land Use Planning ◽  
Mining Area ◽  
New Order ◽  
Land Law ◽  
Land Utilization ◽  
Legal Relation ◽  
Set Up ◽  
The Right ◽  
The Relationship

Abstract: The legal relations of land tenure, ownership, usage and utilization of agrarian resources still require furtherrestructurization. The economic development during the New Order era abandoned the necessity of the legal differences of landtenure and land ownership, with the legal relations of the collection and utilization of agrarian resources excluding land. Consequently,there are misleading in interpreting the right and permission as a form of legal relationship. These misleading should berectified in the land law draft which will be drafted. The future land law should be able to clearly regulate the legal relations of landtenure, and should be consistently built since the early tenure in the form of occupation, possession, and ownership by the Ministryof Agrarian and Land Use Planning/NLA. Land tenure relationship is mentioned by the concept of land right. Furthermore, it shouldbe confirmed in the Land Law Draft that the relationship between collection and utilization of natural resources are confirmed aspermit, and should not be considered as the basic of land utilization as earth surface. Reclamation set up by the concession holdersfor mining area recovery should not be considered as an “entry point” to legalize land rights.Keywords: legal relation, right, licenseIntisari: Hubungan hukum penguasaan dan pemilikan serta penggunaan dan pemanfaatan Sumberdaya Agraria masih memerlukanpenataan. Perkembangan ekonomi selama era Orde Baru mengabaikan pentingnya pembedaan hubungan hukum tenurial penguasaandan pemilikan tanah dengan hubungan hukum pengambilan dan pemanfaatan sumberdaya agraria selain tanah. Akibatnya, terjadikesesatan berfikir dalam mamaknai hak dan ijin sebagai bentuk hubungan hukum. Kesesatan berfikir ini harus diakhiri di dalam RUUPertanahan yang akan disusun. RUU Pertanahan itu harus jelas mengatur bahwa hubungan hukum tenurial dengan tanah haruskonsisten dibangun sejak penguasaan awal dalam bentuk okupasi (occupation), penguasaan dan pemunyaaan (possession), danpemilikan (ownership) oleh Kementerian ATR/BPN. Hubungan tenurial dengan tanah disebut dengan konsep hak atas tanah.Selanjutnya, perlu dikonfirmasi dalam RUU Pertanahan tersebut bahwa hubungan pengambilan dan pemanfaatan kekayaan alamdikonfirmasi sebagai ijin, yang tidak dapat dijadikan sebagai dasar untuk menggunakan tanah sebagai permukaan bumi. Reklamasiyang dilakukan pemegang ijin untuk memulihkan areal tambang, tidak dapat dijadikan sebagai “pintu masuk” bagi terjadinya hak atastanah.Kata kunci: hubungan hukum, hak atas tanah, ijin

Equity and the Right to Do Wrong

2020 ◽  
pp. 72-91
Author(s):  
Andrew S Gold
Keyword(s):  
The State ◽  
The Self ◽  
Role Of The State ◽  
The Right ◽  
The Relationship ◽  
Private Litigation ◽  
Better Than

This chapter discusses how the ‘stickler-enjoining’ account of equity has important limits. While many distinctive doctrines of equity can be understood to limit stickler behaviour, equity in fact often turns a blind eye to, and sometimes even enables, stickler behaviour. One can sort cases in which equity restrains sticklers from those in which it is indifferent to stickler behaviour if one attends to the role of the state in private litigation. Sometimes the state’s responsibilities require it to protect plaintiffs against sticklers. Other times, it requires it to protect the stickler, as a means, for example, of keeping as open as possible each person’s sphere of choices. Ultimately, the self-regarding account of equity sheds light on the question of the relationship between equity and justice: from the distinct perspective of the judgment, sometimes equitable justice is better than legal justice and sometimes legal justice is better than equitable justice.

The Nexus between Sovereignty and ‘Eminent Domain’ under the Land Acquisition Act, 1894, and the Land Act, 2013

Social Change ◽  
2018 ◽  
Vol 48 (2) ◽  
pp. 173-187
Author(s):  
Meenakshi Gogoi
Keyword(s):  
Eminent Domain ◽  
The State ◽  
Land Acquisition ◽  
Sovereign Power ◽  
Public Purpose ◽  
Land Acquisitions ◽  
The People ◽  
Indian State ◽  
Fair Compensation ◽  
The Right

The Indian state has used the colonial Land Acquisition Act (LAA), 1894, for acquiring land even without the consent of the people in the name of ‘public purpose’ and on payment of compensation, until it got repealed by a new act, the Right to Fair Compensation and Transparency in Land Acquisitions, Rehabilitation and Resettlement Act, 2013. The LAA, 1894 is an expression of the notion of ‘eminent domain’ and draws its sustenance from the sovereignty of the state. The understanding of sovereignty and to what extent the sovereign power of the state can use the concept of ‘eminent domain’ in the context of land acquisition remains a contentious issue. This article attempts to examine the notion of sovereignty and use of ‘eminent domain’ in the context of land acquisition in India. How does the inter-relationship between sovereignty and ‘eminent domain’ be understood according to the LAA, 1894 and the Land Act, 2013 has been discussed.

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals Penerapan Pasal 68 Ayat 1 Jo Pasal 4 Dan 6 Undang-Undang No.15 Tahun 2001 Dalam Penyelesaian Sengketa Merek Kok Tong Kopitiam pada Putusan No. 05/Merek/2010/PN.Niaga Medan

2019 ◽  
Vol 4 (2) ◽  
pp. 44
Author(s):  
Desriyana Desriyana ◽  
H.A. Lawali Hasibuan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Dispute Resolution ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
Human Thought ◽  
Positive Law ◽  
Intellectual Abilities ◽  
Article 5 ◽  
The Relationship

<p class="JudulAbstrakInggris"><em>Application of Article 68 Paragraph 1 Jo Article 4 and 6 of Law No. 15 of 2001 in Brand Dispute Resolution Kok Tong Kopitiam of Decision No. 05 / Merek / 2010 / PN.Niaga Medan</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>Brands are the result of human thought and intelligence which can take the form of discovery. Brands are used as a differentiator between products produced by a person or legal entity with products produced by other parties. The current journey to free trade, aspects of intellectual property rights, will play a very important role in national and international trade. Intellectual property rights are rights that arise or are born due to human intellectual abilities in the form of findings, works, creations or creations in the field of technology, science, art and literature. Based on Article 68 paragraph (1) of Law Number 15 of 2001 which states that "Brand cancellation claims can be filed by interested parties based on the reasons referred to in Article 4, Article 5, and Article 6. This type of research is normative juridical namely research which is focused on reviewing the application or rules or norms in positive law. The nature of this research is analytical descriptive, which carefully describes the characteristics of the facts to determine the frequency of something that happens. The purpose of this study was to find out the judge's consideration in resolving the dispute over the Kong Tong Kopi Tiam brand and to find out the relationship between Article 68 paragraph (1) Jo. Articles 4 and 6 of Law Number 15 of 2001 in the resolution of the Kok Tong Kopi Tiam brand dispute.</h1>

scholarly journals Ontological Security, Trauma and Violence, and the Protection of Women: Polygamy Among Minority Communities

2021 ◽  
Vol 12 ◽  
Author(s):  
Ayelet Harel-Shalev ◽  
Rebecca Kook
Keyword(s):  
State Level ◽  
The State ◽  
Minority Women ◽  
Complex Relationship ◽  
Ontological Security ◽  
Minority Communities ◽  
The Right ◽  
Women Violence ◽  
The Relationship

In this article, we examine the special challenges posed by the practice of polygamy to minority women, focusing on the ways that the state and the women confront the related experiences of violence and trauma associated with this practice. Based on analysis of both policy and interviews with women, we demonstrate the tension between the different mechanisms adopted by the state as opposed to those adopted by the women themselves. We suggest that the concept of ontological security is valuable for a deeper understanding of the range of state motivations in cases related to minority women, violence, and the right for protection. Our case study is the Bedouin community in Israel. We explore the relationship between individual and state-level conceptions of violence and trauma and the complex relationship between these two. We examine state discourses of ontological security through a gendered lens, as frameworks of belonging and mechanisms of exclusion.

Sign in / Sign up

Export Citation Format

Share Document