Property in Land in Roman Provinces

2018 ◽  
Author(s):  
Georgy Kantor
Keyword(s):  
Local Property ◽  
Legal Tradition ◽  
Technical Literature ◽  
Historical Scholarship ◽  
Property Relations ◽  
Roman Provinces ◽  
Legal Regimes ◽  
The Right ◽  
Property Regimes

Roman concept of dominium has been fundamental in the formation of concepts of ownership in European legal tradition. It is, however, often considered outside the context of Roman imperial rule and of the multiplicity of legal regimes governing property relations in Roman provinces outside Italy. This chapter starts from the classic passage in the Institutes of Gaius, claiming that the right of dominium did not exist in provincial land, where it belonged to the Roman state. Gaius’ statement is often dismissed in modern historical scholarship as a ‘conveyancer’s fantasy’ (A.H.M. Jones). It is argued here that, on the contrary, this passage and other similar statements in Roman juristic literature and technical literature on land-measurement, show an important facet of Roman ideas of ownership as a socially contingent right, dependent on civic status of the owner, status of the territory within the empire, and Roman recognition of local property regimes.

The Marriage Penalty: Women, Property Rights, and Credit Markets in Yucatán, 1850 – 1900

2008 ◽  
Vol 88 (3) ◽  
pp. 427-454
Author(s):  
Juliette Levy
Keyword(s):  
Nineteenth Century ◽  
Property Rights ◽  
Credit Markets ◽  
Credit Market ◽  
Mortgage Market ◽  
Legal Tradition ◽  
Economic Markets ◽  
Marital Property ◽  
Civil Codes ◽  
Property Regimes

Abstract This article addresses how marital property regimes acted as obstacles to the development of the Yucatán credit market. Marriage is a contract, and historically it carries with it significant financial corollaries. Dowries, marital property regimes, and inheritance laws were all designed to support the economic instrument that marriage represented. There are many other ways in which marriage intersects with markets; this article assesses the role of property rights, and specifically, married women’s property rights, in the credit markets of nineteenth-century Yucatán. Using mortgage contracts and probate records recorded by notaries, this article analyzes the participation of women in the local mortgage market, taking into account the legal context in which it developed, and explains how legal tradition and civil codes contributed to the distortions that affected women in the local credit market. This article shows specifically that the analysis of women’s participation in economic markets in the nineteenth century must take their marital status into account, as well as the unequal legal position of husbands and wives under the laws of the time, and concludes that marital property rights, and by extension marriage, played an important and unexpected role in the region’s credit market.

In Pursuit of Pluralism: The Ecclesiastical Policy of the European Union

2004 ◽  
Vol 7 (34) ◽  
pp. 267-291 ◽  
Author(s):  
Julian Rivers
Keyword(s):  
European Union ◽  
Dominant Model ◽  
European Law ◽  
The European Union ◽  
Legal Requirements ◽  
Competing Interests ◽  
Legal Regimes ◽  
Religious Associations ◽  
Religious Dimensions ◽  
The Right

In the last decade, the religious dimensions and significance of the European Union have been increasingly recognised. This paper sets out the role and regulation of religious associations within European law. Although it is often assumed that European competence does not touch on matters of religion, a jurisdictional separation of ‘economics’ and ‘religion’ has been increasingly hard to sustain. European law grants various privileges and exemptions to religious bodies. However, the dominant model to emerge is one of pluralism: distinctive substantive legal regimes applicable to religious bodies, and a distinctive participatory position within the governance of the European Union. However, the paper suggests that the pursuit of pluralism has not been entirely successful National diversity in this field coupled with the sheer complexity of achieving a reasonable balance of competing interests conspire to make it remarkably elusive. What is needed is a greater recognition of the right of States to adjust European legal requirements to accommodate the legitimate needs of the religious bodies within their jurisdiction and a renewed commitment to producing workable solutions in dialogue with religious associations.

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 Pengelolaan Barang Milik Daerah Berdasarkan Peraturan Pemerintah Nomor 27 Tahun 2014 tentang Pengelolaan Barang Milik Negara/Daerah

Lentera Hukum ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 131
Author(s):  
Era Nandya Febriana ◽  
Jayus Jayus ◽  
Rosita Indrayati
Keyword(s):  
Local Government ◽  
Central Government ◽  
Local Property ◽  
Regional Government ◽  
Personal Interest ◽  
Regional Autonomy ◽  
Unitary State ◽  
Local Government Management ◽  
The Government ◽  
The Right

Indonesia is the Unitary State. It is understood that within a unitary state, the central government operates a high state sovereignty. In order not to be arbitrary, the activities of the central government are supervised and limited by the constitution. The government which is divided from the Central Government to the Regional Government included Regional Autonomy therein, as well as the authority of the Regional Government, is on duty to manage the Regional Property. In carrying out its authority as an administrator of local property, there are still many abuses or omissions committed by the local government in operating its authority in managing regional property, such as the negligence of the Regional Assets, the misuse of authority in the revocation of rights already granted by the regional government on the right to use of local property, using local property for personal interest. In the management of regional property required planning, implementation, and supervision by the local government in accordance with applicable laws and regulations in the constitution. Keywords: Authority, Local Government, Management of Regional Property

scholarly journals A Contested Jurisdiction: Armenia in Late Antiquity

2017 ◽  
pp. 199-220 ◽  
Author(s):  
Tim Greenwood
Keyword(s):  
Late Antiquity ◽  
Ninth Century ◽  
Tenth Century ◽  
Legal Culture ◽  
Late Antique ◽  
Legal Tradition ◽  
Roman Provinces ◽  
History Of ◽  
The Rich ◽  
The Village

Although Roman and Persian engagement with late antique Armenia has been analysed from several perspectives, its juridical dimension has been largely ignored. This chapter provides a reassessment of the legislation pertaining to Roman Armenia from the reign of Justinian, arguing that it offers a reflection of legal practices operating beyond the newly reorganised Roman provinces, in districts of Armenia under Persian hegemony. It may also attest the seeping of Roman legal culture beyond the formal limits of the jurisdiction. Crucially, the local inheritance practices which the legislation prescribes find analogues in Sasanian jurisprudence. Although not every aspect of Persian legal culture will have been replicated in the districts of Armenia or received in the same way, the rich Armenian literary tradition from late antiquity reveals a proximate legal culture, expressed in terms of concepts employed and processes followed. Three illustrations from Łazar P‘arpets‘i History are examined. Furthermore two later compilations preserve valuable evidence of law in practice. The tenth-century compilation titled History of Ałuank‘ contains a collection of documents deriving from the Council of Partav convened in 705 CE. One of these confirms that land across Caucasian Albania was still being bought and sold at this time, that there was current uncertainty over whether the transfer of a village included the village church and its endowment, and that laymen had been represented as holding clerical status to circumvent this. A specific case is then outlined. The late thirteenth-century History of Siwnik‘ on the other hand contains transcripts of fifty-two documents, and summaries of twelve more, recording property transactions in favour of the bishops of Siwnik‘ and the see of Tat‘ev. It is argued that the earliest of these, dating from the middle of the ninth century, preserve clear vestiges of Sasanian legal culture. Armenian sources have much to tell us about law and legal tradition in Sasanian Persia.

MINIMALNI NIVO ZAŠTITE PUTNIKA U VAZDUŠNOM SAOBRAĆAJU - REŠENJA EVROPSKE REGULATIVE I DOMAĆEG ZAKONODAVSTVA

2021 ◽  
Author(s):  
Mirjana Knežević ◽  
Keyword(s):  
Air Transportation ◽  
Legal Regulation ◽  
Common Mechanism ◽  
Property Relations ◽  
Rights Protection ◽  
Significant Step ◽  
Right To Information ◽  
The Right ◽  
Special Rights ◽  
Air Carriers

This paper analyses the legal mechanisms which guarantee minimum rights to air passengers in case they are denied boarding against their will, their flight is cancelled or delayed. In case of breach of contracts of carriage by air, passenger rights are protected by law as special rights (minimum rights) and comprise the right to information, reimbursement, re-routing, care and indemnification. This study examines the existing regulation from the Law on obligations and the basics of property relations in air transport, which reflects the stipulations of the Montreal Convention (1999) and the Regulation 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 259/91. The Regulation defines minimum passenger rights protection and is part of our positive air transportation legislation. Although this is a significant step towards unifying the legal regulation and creating a common mechanism for protecting air passenger rights, we suggest that it also poses a serious challenge for air carriers: how will they meet all the demands of the modern air transportation market, and fully inform the passengers on their special rights and ways to exercise these in certain situations.

Make Way for Women: Philosophical Adaptation of Confucian Property Practices

2020 ◽  
Vol 8 (2) ◽  
pp. 323-341
Author(s):  
Gordon B. Mower
Keyword(s):  
Property Rights ◽  
Social Problems ◽  
Structural Barriers ◽  
The West ◽  
Property Ownership ◽  
Property Relations ◽  
Individualized Approach ◽  
The Individual ◽  
Property Regimes

Abstract Women struggling for recognition encounter an important difficulty in structural barriers to property ownership. In this paper, I propose to investigate the possibility of a roughly Confucian conception of property that both eschews the liberal property rights conception and provides more space for women than has been allowed in traditional Confucian property schemes. Western property regimes also failed to provide women with adequate access to property, but this was corrected in a manner in keeping with the Western fixation on the individual. Important social problems arose in connection with the Western individualized approach to property relations. The traditional Confucian approach managed to avoid the Western problems, but, as in the West, it failed to provide women with sufficient access to property. I argue here that Confucianism is adequately supplied to correct this deficiency through two routes: one ritual-based and one canon-based.

Systematic Structural Analysis of the Categories "Intended Purpose" and "Permitted Use» in Natural Resources Branches of Law

10.12737/1143 ◽  
2013 ◽  
Vol 1 (11) ◽  
pp. 27-35 ◽  
Author(s):  
Алексей Анисимов ◽  
Aleksey Anisimov ◽  
Николай Мельников ◽  
Nikolay Melnikov
Keyword(s):  
Structural Analysis ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Regime ◽  
Intended Purpose ◽  
Legal Regimes ◽  
Similar Principle ◽  
Definition Of ◽  
The Right

Legal designs "purpose" and "allowed use" are present at all branches of the nature-resource right and reflect objectively existing requirement of establishment of the general and special legal regimes of natural resources. The general legal regime of lands is defined by means of division of land fund into categories. The special legal regime assumes establishment of features of use and protection of the land plots of this or that category of lands within additional legal regulation by means of institute of zoning of territories and institute of allowed use of the land plots. Definition of types of allowed use of the land plots can be considered as specifying in relation to a categorization and zoning a way of management and definition of a legal regime of lands and other natural resources. The similar principle takes place and in other nature-resource branches of the right where it is formulated legislatively.

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