Connecting Tenure Security with Durable Solutions to Internal Displacement: From Restitution of Property Rights to the Right to Adequate Housing

2016 ◽  
Vol 54 (4) ◽  
pp. 74-86
Author(s):  
Patricia García Amado
Keyword(s):  
Property Rights ◽  
Internal Displacement ◽  
Tenure Security ◽  
Durable Solutions ◽  
The Right

CONSTITUTIONAL AND TRANSLATIVE ACQUISITION OF RIGHTS IN THE CONTEXT OF THE DOCTRINE OF OWNERSHIP TRANSFER

2017 ◽  
Author(s):  
Myroslava Hudyma ◽  
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Legal Capacity ◽  
Close Attention ◽  
Ownership Transfer ◽  
The Right ◽  
Qualitative Characteristics

Within the framework of the general doctrine of constitutive and translational acquisition of rights, the publication made an attempt to identify their suitability for describing the phenomenon of ownership transfer. The general characteristics of translational and constitutive acquisition of rights are analyzed, their differences are highlighted, and it is emphasized that the specified types can cover such legal situations as full transfer of the right (the right as a whole), and transfer of a part of powers (as components of the certain right). The paper underlines that the differences between the types of acquisition of rights are not so much quantitative (one jurisdiction or their complex is transferred), as qualitative characteristics and such issues are especially relevant in the spectrum of research on the transfer of ownership as a right that includes a triad of powers. Close attention is paid to the construction of constitutive acquisition of right, the possibility of use of which is extremely controversial, due to the overwhelming denial of the correctness of separation and alienation of a separate authority from ownership right, because the approval of the latter will lead to theoretical dissonance on the existence of incomplete (split ownership). It is emphasized that the application of the construction of the transfer of authority can take place in different shades of meaning and be combined with the right alienation, and without it. Therefore, the construction of right granting without alienation of the right is quite viable. Moreover, the transfer of one or even several powers of the owner is not only practically possible, but also necessary to establish limited property rights on the basis of full property right (ownership right). However, it is noted that in these cases, the acquirer will not receive the right of the alienator as a whole, but only certain legal possibilities of behavior in relation to a particular good. The legal capacity of the acquirer will not coincide with the legal capabilities of the alienator in content and scope, and therefore to talk about the transfer of ownership is incorrect, only a certain authority (powers) of the owner will be transferred, provided its (their) separation admissibility. The paper concludes that the specifics of property rights, which forms a triad of indivisible powers, determines the possibility of applying the construction «transfer of ownership» only to cases of translational acquisition of right, in which the acquirer receives a right identical to the right of the grantor both in content and volume.

Property Rights: A Re-Examination

2020 ◽  
Author(s):  
J. E Penner
Keyword(s):  
Property Rights ◽  
Property Theory ◽  
Natural Right ◽  
Kantian Theory ◽  
Bundle Of Rights ◽  
Vexed Question ◽  
The Right ◽  
Jural Relations

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and refutes the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title, the right to immediate, exclusive, possession, and the power to licence what would otherwise be a trespass, and to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld’s concept of ‘multital’ jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner’s liberty to use her property and her ‘right to exclude’, with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.

scholarly journals The Sliding Scale between Usufruct and Ownership: The Example of Swedish Multi-Family Housing

Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 311
Author(s):  
Anna Granath Hansson ◽  
Peter Ekbäck ◽  
Jenny Paulsson
Keyword(s):  
Property Rights ◽  
General Level ◽  
Multifamily Housing ◽  
Different Types ◽  
Sliding Scale ◽  
Family Housing ◽  
The Right

This paper aims to elucidate the sliding scale between usufruct and ownership by applying a property rights framework to three Swedish forms of tenure in multifamily housing. The framework deconstructs the bundles of rights of rental, tenant-ownership and ownership to highlight commonalities and differences connected to the right to use and exclude, the right to transfer and the right to the value. It is concluded that the three tenure forms have many traits in common but that there are distinct differences in some areas, most notably in connection to the right to the value. The property rights framework applied in the study may be applicable also on a general level as a method to analyze and compare tenures of different types in different countries. Further, ways to improve the framework and cover more facets of outcomes of property rights patterns are suggested.

scholarly journals Geographies of Doing Nothing–Internal Displacement and Practices of Post-Disaster Recovery in Urban Areas of the Kathmandu Valley, Nepal

2021 ◽  
Vol 10 (3) ◽  
pp. 110
Author(s):  
Alexandra Titz
Keyword(s):  
Urban Areas ◽  
Evidence Base ◽  
Internal Displacement ◽  
Kathmandu Valley ◽  
Reconstruction Process ◽  
Internally Displaced ◽  
Secondary Displacement ◽  
Displaced People ◽  
Durable Solutions ◽  
Post Disaster

Disaster-related internal displacement is on the rise in many countries and is increasingly becoming an urban phenomenon. For many people, as in the case of the earthquake disaster 2015 in Nepal, protracted or multiple disaster displacements are a lived reality. While the drivers of displacement are relatively well understood, significant uncertainties remain regarding the factors that trigger prolonged or secondary displacement and impede ending of displacement or achieving durable solutions. The purpose of this article is to illustrate and theorise the discourse of reconstruction and return that shapes experiences, strategies, and policies in order to gain a better understanding of the obstacles to pursuing durable solutions that are still shaping the reality of life for urban internally displaced people (IDPs) in Kathmandu Valley. I use the concepts of ‘fields of practice’ and ‘disaster justice’ to provide insights into the theorisation of the links between social inequality, structural forms of governance, and the reconstruction process itself. Findings demonstrate that the application of these concepts has great potential to expand our understanding of ‘realities of life’ and practices of IDPs, and thus contribute to a more differentiated evidence base for the development and implementation of appropriate disaster risk reduction policies and practices.

Economies with complex property rights

2021 ◽  
Vol 19 (1) ◽  
pp. 30-44
Author(s):  
Ivan Balbuzanov ◽  
Maciej H. Kotowski
Keyword(s):  
Property Rights ◽  
Solution Concept ◽  
Object Allocation ◽  
Top Trading Cycles ◽  
The Right ◽  
Shared Ownership

We discuss the exclusion core, a solution concept for object-allocation and object-exchange problems. The exclusion core is based on the right of exclusion and is especially useful for the analysis of economies with complicated property arrangements, such as those with shared ownership. The exclusion core coincides with the (strong) core in classic settings, and is closely related to the celebrated Top Trading Cycles algorithm.

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

Intergenerational Wealth Transfer and the Need to Revive and Metamorphose the Israeli Estate Tax

2014 ◽  
Vol 8 (1) ◽  
pp. 59-101 ◽  
Author(s):  
Daphna Hacker
Keyword(s):  
Social Justice ◽  
Property Rights ◽  
Wealth Transfer ◽  
Estate Tax ◽  
Inheritance Tax ◽  
History Of ◽  
The Subject ◽  
The Rich ◽  
The Right ◽  
The Needy

Abstract This article suggests enacting an accession tax instead of the estate duty – which was repealed in Israel in 1981. This suggestion evolves from historical and normative explorations of the tension between perceptions of familial intergenerational property rights and justifications for the “death tax,” as termed by its opponents, i.e., estate and inheritance tax. First, the Article explores this tension as expressed in the history of the Israeli Estate Duty Law. This chronological survey reveals a move from the State’s taken-for-granted interest in revenue justifying the Law’s enactment in 1949; moving on to the “needy widow” and “poor orphan” in whose name the tax was attacked during the years 1959–1964, continuing to the abolition of the tax in 1981 in the name of efficiency and the right of the testator to transfer his wealth to his family, and finally cumulating with the targeting of tycoon dynasties that characterizes the recent calls for reintroducing the tax. Next, based on the rich literature on the subject, the Article maps the arguments for and against intergenerational wealth transfer taxation, placing the Israeli case in larger philosophical, political, and pragmatic contexts. Lastly, it associates the ideas of accession tax and “social inheritance” with inspirational sources for rethinking a realistic wealth transfer taxation to bridge the gap between notions of intergenerational familial rights and intergenerational social justice.

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