Negative Properties

2021 ◽  
pp. 19-37
Author(s):  
Stephen Mumford
Keyword(s):  
The Other ◽  
Real Property

Some believe that there are negative properties, such as being non-red or non-circular. Armstrong had attempted a detailed refutation of negative properties since he did not want negativity to be a part of what there is. His arguments were unsuccessful. He thought that sharing a property meant having something in common, but two things could both be non-red because one was all blue and the other was all yellow. But this begs the question, since only if we have already ruled out non-red as a real property can we say that those two things do not share something. There seems no conclusive argument against negative properties, but nor are there conclusive arguments in their favour either. The question of their reality can only be settled after we have looked at other matters.

Nieprzedawnialne roszczenia majątkowe w prawie cywilnym

2016 ◽  
pp. 149-171
Author(s):  
Mateusz Grochowski
Keyword(s):  
Similar Case ◽  
General Rule ◽  
Case Law ◽  
General Concept ◽  
The Other ◽  
Real Property ◽  
Close Link ◽  
Rule Set ◽  
Damage Claims ◽  
Prescription Rules

The text deals with the question of proprietary claims in the Polish civil law, which are exempted from prescription. The existence of such claims is a clear exception from the general rule set forth in Article 117 of the Civil Code (hereinafter: “CC”), which embraces all the proprietary claims with the general concept of prescription after the elapse of particular term (specified further in the following provisions). The article tries to explore the premises behind the general concept of lack of prescription, as well as to identify particular reasons for disapplication of Article 117 CC on the grounds of particular types of claims. The statute exempts explicitly two types of claims from prescription. It is the case of Article 223 § 1 CC, declaring lack of prescription for the damage claims supplementary to vindicatory claim. Similarly, according to Article 220 CC prescription does not embrace a claim for dissolution of co-ownership. In the other instances, the similar conclusion is derived in interpretation, mainly upon functional and systematic arguments. The case-law and the private law scholarship identify five examples of such claims. In all of these instances, the main reason behind disapplication of prescription rules is the close link of this claims with real property. Prescription of these claims and, hence, the possibility to transform them into natural obligations, seem from this perspective counter-functional and difficult to reconcile with the other principles and provisions of property law. It pertains, first of all, to the claims for establishing a way of necessity ease (Article 145 and 146 CC). Secondly, the same view is adopted for art. 151 CC, regarding another type of easement – available in the case of unintentional introducing a building or another facility behind the border of the somebody else’s ground. Thirdly, in the similar case of the intruding with a construction into another real property, the lack of prescription is adopted as regards the claim for transfer of title to the occupied part of the ground (Article 231 § 1 CC). Fourthly, the lack of prescription has been approved for the claim for establishing a transmission servitude (art. 3052 CC). Fifthly, the same solution has been proposed for the claim for transfer of title in performance of the contract with solely obligatory effects. This interpretation has been, however, rejected in the subsequent case-law and does not seem to be acclaimed currently.

scholarly journals Facility under Construction and Investment in Property Maintenance and Improvement as part of the Joint Property of Spouses: Issues of Object Identification and Choice of Protection Method

Lex Russica ◽  
2020 ◽  
pp. 156-163
Author(s):  
E. A. Usacheva
Keyword(s):  
Civil Rights ◽  
Current System ◽  
Legal Protection ◽  
Object Identification ◽  
The Other ◽  
Real Property ◽  
Protection Method ◽  
Under Construction ◽  
The Right ◽  
Joint Property

The purpose of the paper is to classify the buildings built in marriage and investments made in one of the spouses’ property from the viewpoint of the current system of civil rights objects, to determine the appropriate ways to protect the interests of the spouses arising in connection with these objects. The analysis of the norms of civil and family legislation made it possible to identify the problem of legal insecurity of a spouse’s interest in common joint property when reimbursing expenses incurred in connection with his investments into the other spouse’s property maintenance or improvement. The same is true for the acquisition of ownership rights to a building erected during the marriage on a plot of land owned by the other spouse in the absence of primary registration of the right to it. It is established that a direct application of civil law object classification in determining the composition of marital property subject to division, leading to interdependent loss of efficiency of norms of civil and family law (repaying the action of each other), and deprivation of the indicated interests of a spouse legal protection. It is proved that the protection of the interest in compensation for expenses incurred to improve or maintain the personal property of one of the spouses can only be provided by adding a special norm to the Family Code of the Russian Federation that fixes the legality of this interest and determines the method of its protection. The spouse’s interest in acquiring ownership of a building erected during marriage on a plot of land owned by the other spouse, if the primary ownership of the building is not registered, can only be protected by adapting the principles of real property classification to the regime of common joint property of the spouses by expanding the scope of the exception to the principle of incorporation or by introducing an exception to the principle of superficies solo cedit.

scholarly journals Place and Cyberspace

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Public Policy ◽  
Physical World ◽  
The Other ◽  
The Internet ◽  
Private Ownership ◽  
Real Property ◽  
Spatial Metaphor ◽  
Legal Thinking ◽  
Privately Owned ◽  
Excellent Article

For cyberlibertarians, the other shoe is rapidly dropping. In a curiousinversion, those who argued less than a decade ago that cyberspace was aplace all its own - and therefore unregulable by territorial governments -are finding their arguments and assumptions used for a very different end.Instead of concluding that cyberspace is outside of the physical world,courts are increasingly using the metaphor of cyberspace as a "place" tojustify application of traditional laws governing real property to this newmedium. Dan Hunter's excellent article explains how and why this ishappening with uncanny accuracy, pointing to the power of metaphor ininfluencing legal thinking and the particular strength of metaphor inmaking the new seem familiar. He also quite correctly observes thatreliance on the cyberspace as place metaphor is leading courts to resultsthat are nothing short of disastrous as a matter of public policy. Finally,he concludes that there is no way for the Internet to escape the firmlyentrenched spatial metaphor, either by substituting another metaphor or byeschewing metaphor altogether. Already, he concludes, the idea ofcyberspace as a place is too well-established in our minds. The result is apaper that is both extraordinarily important and profoundly depressing.In this essay, I do not challenge Hunter's argument that the cyberspace asplace metaphor is rampant, nor his conclusion that judicial use of themetaphor has had pernicious consequences. Rather, I focus on the logicalsteps that courts seem to be missing as they move from metaphor todecision. Thus, in Part I, I explain why the cyberspace as place metaphoris not a particularly good one. In Part II, I suggest some ways courtsmight take account of these differences between the real world and theInternet. In Part III, I observe that even if one accepts the placemetaphor in toto, it need not follow that everything in this new place mustbe privately owned. Nor must it follow that private ownership rightsinclude complete rights of exclusion. My conclusion is somewhat moreoptimistic than Hunter's. While acknowledging the dangers of the cyberspaceas place metaphor and the fact that courts have already started down thewrong road, I suggest that courts and commentators who think seriouslyabout the nature of the Internet still have ample room to make reasonedpolicy decisions. Though we may easily be misled by metaphor, we need notbe its slaves.

scholarly journals Some Aspects of Local Real Estate Taxes as an Instrument of Land Use Management

2016 ◽  
Vol 24 (3) ◽  
pp. 93-105
Author(s):  
Sabina Źróbek ◽  
Siarhei Manzhynski ◽  
Elżbieta Zysk ◽  
Yauheni Rassokha
Keyword(s):  
Real Estate ◽  
Local Governments ◽  
The Other ◽  
Real Property ◽  
Estate Taxes ◽  
Real Estate Tax ◽  
Local Budget ◽  
And Performance ◽  
The One ◽  
Effective Development

Abstract Economic and financial instruments are a very important group of tools for supporting local entrepreneurship. The broadest group among them are local taxes. Real estate taxes are considered by local governments, on the one hand, as a tool for promoting the effective development of real estate, and on the other, as a reliable source of income to the local budget. The functioning of every tax system can be analyzed by applying different criteria. The most typically evaluated criteria are: economic efficiency, equity, transparency, collectability and revenue production. These criteria are often in conflict with one another, one of the reasons for this fact being, according to the research conducted by the authors of this paper, the base of taxation. It is generally believed that the value of real property is a much more reliable tax basis than its size. It was our intention to verify this opinion. Having reviewed the available literature and thoroughly analyzed the Polish and Belarussian real estate tax systems, we concluded that the first of the two systems has no definite advantages over the other. For example, the ad valorem tax better stimulates intensive use of land, but, on the other hand, may negatively affect its sustainable development. The main reason for this fact is the specificity of real estate as the object of taxation. The object of taxation exists regardless of its economic state and performance, thus taxes have to be paid whether or not there is any income or profit. Given the nature and possible functions of real estate and the priorities of local authorities, the concept of just taxation is also socially relative.

On the legitimacy of restoring the institution of an annuity right in rem on real estate

2021 ◽  
Vol III (III) ◽  
pp. 7-32
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
The Other ◽  
Legal Institution ◽  
Real Property ◽  
The Real ◽  
Legal Nature ◽  
Basic Solutions ◽  
Polish Law ◽  
The One

The article presents the basic solutions to be applied in the so-called annuity real rights. These are limited real rights (iura in rem), which permit obtaining certain revenues from real property on a regular basis. Their essential purpose is to secure specified periodical benefits, primarily those of a pecuniary nature. These rights show some similarities, on the one hand, to pledge-type rights (especially mortgage) and, on the other hand, to easements. Currently, no annuity real charges of any kind have been regulated under the Polish civil law (since the entry of the Civil Code into force in 1965), as they were perceived, albeit incorrectly, as a reminiscence of the epoch of feudalism. However, they are still popular in other European civil law legislations, for example in the German, Swiss, Austrian, Spanish, Czech, Estonian, Slovenian or Croatian laws. The prototype for this category of rights is the real burden (German: Reallast). This paper presents various solutions for the latter institution as well as related institutions, such as the Swiss “annuity letter” (German: Gült, French: lettre de rente) and the German annuity land charge (German: Rentengrundschuld). Different concepts for the legal nature of the annuity rights have been presented, in particular the German real burden, which formed the basis for proposals of solutions in the work of the Polish Civil Law Codification Committee at the beginning of the 21st century. The potential usefulness of the real burden rights indicated in this article confirms the legitimacy of introducing this type of legal institution into the Polish law.

論臺灣不動產物權變動之登記效力

2021 ◽  
Vol 22 (22) ◽  
pp. 67-102
Author(s):  
曾品傑 曾品傑
Keyword(s):  
Real Estate ◽  
Good Faith ◽  
The Other ◽  
Third Party ◽  
Real Property ◽  
Other Hand

本文首先從設權登記作為依法律行為而發生之不動產物權變動的生效要件，以及宣示登記作為非因法律行為而發生之不動產物權變動的處分要件這兩大視角，說明臺灣不動產物權變動之登記效力。其次，本文引介行使不動產所有物返還請求權之消滅時效，並討論最高法院關於行使不動產所有權暨其限制之重要案例。其後，本文闡述權利外觀原則在不動產物權變動場域之兩大實務紛爭案型──無權處分與公信原則、以及表見代理與信賴保護。本文倡議第三人善意取得不動產所有權者，應以其係透過相當對價取得者為限。最後，本文指出我國民法物權編在採取登記生效主義之規範下，晚近逐漸將登記公示之對象，從物權歸屬內容擴增到物權當事人間之若干債權約定事項，毋寧強化以登記之公示方法作為賦予和不動產有關之債權約定具有物權效力的正當化基礎，具有臺灣不動產登記公示原則之特色。The purpose of this article, which is divided into four parts, is to analyze Taiwanese mutation of real estate rights in rem. Following an introduction respectively relative to right registration through the juridical act and to declaration registration through non juridical act, Part II explores the exercise of ownership and its extinctive prescription besides abuse of rights. Then, Part III examines the concretization of the principle of apparent right, unauthorized disposition in one hand and apparent agency in the other hand. It advocates that a third party of good faith can obtain the ownership of real property only if he acquires that at equivalent consideration. Finally, Part IV concludes by observing the characteristic of Taiwanese real estate recordation in registration publicity.

Stromatoporoids from the Famennian (Devonian) Wabamun Formation, Normandville oilfield, north–central Alberta, Canada

1988 ◽  
Vol 62 (03) ◽  
pp. 411-419 ◽  
Author(s):  
Colin W. Stearn
Keyword(s):  
Patch Reef ◽  
Abundant Species ◽  
The Other ◽  
North Central ◽  
Biotic Crisis

Stromatoporoids are the principal framebuilding organisms in the patch reef that is part of the reservoir of the Normandville field. The reef is 10 m thick and 1.5 km2in area and demonstrates that stromatoporoids retained their ability to build reefal edifices into Famennian time despite the biotic crisis at the close of Frasnian time. The fauna is dominated by labechiids but includes three non-labechiid species. The most abundant species isStylostroma sinense(Dong) butLabechia palliseriStearn is also common. Both these species are highly variable and are described in terms of multiple phases that occur in a single skeleton. The other species described areClathrostromacf.C. jukkenseYavorsky,Gerronostromasp. (a columnar species), andStromatoporasp. The fauna belongs in Famennian/Strunian assemblage 2 as defined by Stearn et al. (1988).

D. The Line Spectrum of Pulsating Variable Stars

1967 ◽  
Vol 28 ◽  
pp. 207-244
Author(s):  
R. P. Kraft
Keyword(s):  
Variable Stars ◽  
The Other ◽  
Line Spectrum ◽  
Afternoon Session ◽  
Empirical Information ◽  
Pulsating Variable Stars ◽  
Almost Continuous ◽  
Informal Approach

(Ed. note:Encouraged by the success of the more informal approach in Christy's presentation, we tried an even more extreme experiment in this session, I-D. In essence, Kraft held the floor continuously all morning, and for the hour and a half afternoon session, serving as a combined Summary-Introductory speaker and a marathon-moderator of a running discussion on the line spectrum of cepheids. There was almost continuous interruption of his presentation; and most points raised from the floor were followed through in detail, no matter how digressive to the main presentation. This approach turned out to be much too extreme. It is wearing on the speaker, and the other members of the symposium feel more like an audience and less like participants in a dissective discussion. Because Kraft presented a compendious collection of empirical information, and, based on it, an exceedingly novel series of suggestions on the cepheid problem, these defects were probably aggravated by the first and alleviated by the second. I am much indebted to Kraft for working with me on a preliminary editing, to try to delete the side-excursions and to retain coherence about the main points. As usual, however, all responsibility for defects in final editing is wholly my own.)

C. The Continuous Spectrum of Pulsating Variable Stars

1967 ◽  
Vol 28 ◽  
pp. 177-206
Author(s):  
J. B. Oke ◽  
C. A. Whitney
Keyword(s):  
Continuous Spectrum ◽  
Variable Stars ◽  
Velocity Fields ◽  
The Other ◽  
Line Spectrum ◽  
Direct Information ◽  
Thermodynamic Structure ◽  
Diagnostic Interpretation ◽  
Pulsating Variable Stars ◽  
The Continuum

Pecker:The topic to be considered today is the continuous spectrum of certain stars, whose variability we attribute to a pulsation of some part of their structure. Obviously, this continuous spectrum provides a test of the pulsation theory to the extent that the continuum is completely and accurately observed and that we can analyse it to infer the structure of the star producing it. The continuum is one of the two possible spectral observations; the other is the line spectrum. It is obvious that from studies of the continuum alone, we obtain no direct information on the velocity fields in the star. We obtain information only on the thermodynamic structure of the photospheric layers of these stars–the photospheric layers being defined as those from which the observed continuum directly arises. So the problems arising in a study of the continuum are of two general kinds: completeness of observation, and adequacy of diagnostic interpretation. I will make a few comments on these, then turn the meeting over to Oke and Whitney.

Observing programme for the 24-inch/36-inch Schmidt telescope

1966 ◽  
Vol 24 ◽  
pp. 337
Author(s):  
W. Iwanowska
Keyword(s):  
The Other ◽  
Schmidt Telescope ◽  
Flint Glass

A new 24-inch/36-inch//3 Schmidt telescope, made by C. Zeiss, Jena, has been installed since 30 August 1962, at the N. Copernicus University Observatory in Toruń. It is equipped with two objective prisms, used separately, one of crown the other of flint glass, each of 5° refracting angle, giving dispersions of 560Å/mm and 250Å/ mm respectively.

Sign in / Sign up

Export Citation Format

Share Document