Bona fides: a requirement for the acquisition of ownership by means of specificatio

2006 ◽  
Vol 74 (3-4) ◽  
pp. 289-318
Author(s):  
Christina Kraft
Keyword(s):  
The Other ◽  
Raw Material ◽  
Free Movement ◽  
Legal Certainty ◽  
Other Hand ◽  
Free Movement Of Goods ◽  
The One ◽  
The Right

AbstractThere are good reasons why bona fides should be seen as a requirement for the acquisition of ownership through specificatio. Firstly, the specificator produces something new, a res aliqua, and is therefore given the right to incorporate the product in his property by occupatio. Secondly, if the specificator knew he was working with foreign raw material, and therefore knew that by his performance he was depriving the owner of the material of his property, the specificator would commit a furtum. A res nova, the origin of which is chained with a furtum, can never be res habilis. When balancing the respective interests of the specificator on the one hand and the owner of the material on the other hand, one finds that accepting bona fides of the specificator as a requirement for his acquisition of ownership is convenient to ensure both legal certainty and the free movement of goods.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

scholarly journals Enhanced Cooperation and Free Movement. Territorial Aspects of ‘Harmonisation’

2017 ◽  
Vol 7 ◽  
pp. 249-267
Author(s):  
Miłosz Malaga ◽  
Anna Wilińska-Zelek
Keyword(s):  
Intellectual Property Rights ◽  
Patent Protection ◽  
The Other ◽  
Free Movement ◽  
Eu Law ◽  
European Union Law ◽  
Free Movement Of Goods ◽  
The One ◽  
The Relationship ◽  
Unitary Patent

In this article we examine the notion of ‘harmonisation’ in its interplay with the application of provisions on the free movement of goods. Due to the introduction of the European unitary patent protection system, we are witnessing the first cases of adopting enhanced cooperation in the internal market. This fact raises new, systemic questions concerning the concept of ‘harmonisation’ in European Union law. Are only legal, substantive aspects covered by its definition or should the territorial range of a legal act be taken into account? If yes – to what extent? Since the adoption of enhanced cooperation covers the field of intellectual property rights, the above questions concern the relationship between exercising those rights on the one hand and the principle of free movement on the other. A closer look at this matter leads to the conclusion that the unitary patent might not provide the solution to one of the problems that created for. More generally, in this article we conclude that when defining the concept of ‘harmonisation’, one should take its territorial scope into account narrowly, so as not to infringe the principles of EU law.

scholarly journals Heritage Building Stones from Évora, Portugal

2020 ◽  
Author(s):  
Luis Lopes
Keyword(s):  
Analytical Techniques ◽  
The Other ◽  
World Heritage Site ◽  
Raw Material ◽  
Other Hand ◽  
Heritage Site ◽  
Ancient Rock ◽  
Materials Used ◽  
The One ◽  
The City

<p>The city of Évora, a World Heritage Site recognized by UNESCO in 1986, also owes this recognition to the stones that built its monuments and preserve them until today.</p><p>This work brings together the contributions that we have gathered over the past three decades and allow us to have a very complete idea, not only about the materials used in the hundreds of monuments and historic buildings but also about their provenance. If some materials are so emblematic that they allow an immediate identification with the naked eye, others needed more sophisticated and precise techniques so that there was no doubt about their origin.</p><p>The igneous rocks and gneisses of granite composition are part of the “Massif of Évora” on which the city is built. Thus, and quite naturally they are by far the most represented group in monuments from all historical periods. Its function is essentially structural, but there are also functional, ornamental and decorative objects. For example, the oldest megalithic structures found in the vicinity of the city are made up of large granite blocks that often had to be transported to their locations.</p><p>On the other hand, many gargoyles and statues that decorate the churches are also made up of these granite rocks. On these, the natural erosion of centuries of exposure to the environment has led to a state of alteration, sometimes very accentuated, which would justify its replacement by replicas sculpted in similar rocks. Provenance studies have made it possible to identify old quarries in the vicinity of the city where, on the one hand, the ancient rock extraction techniques can be observed and on the other hand, they allow the obtaining of the raw material necessary for these restoration and conservation works. In any case, they are places that need to be inventoried and protected, with the municipality already aware of their existence.</p><p>As well as the monuments of the Roman Period, also the structures of the Medieval Period, such as the city walls, the Cathedral (started to be built in 1186 AD) and all the great churches, were also built with these granitoids.</p><p>In addition to these rocks, many others of multiple varieties and origins are present. The marbles, especially the Estremoz Marbles (Global Heritage Stone Resource), are ubiquitous in the city, but there are also emblematic marbles from other places, some easily identifiable (ie Viana do Alentejo, Escoural, Trigaches, Serpa and Vila Verde de Ficalho, for presenting mineralogy, textures, colors and patterns which, together with more recent analytical techniques, have confirmed its provenance.</p><p>Sedimentary rocks, with emphasis on Portuguese Mesozoic limestones, ie Lioz - GHSR and Brecha da Arrábida - GHSR candidate, among others more rare and with very specific use in ornamental details, are also present and contribute to enrich a heritage in stone that makes this city so special and very popular with tourists of all nationalities.</p><p>Acknowledgments: the authors thank to FCT for funding the ICT (UID/GEO/04683/2019), as well as COMPETE POCI-01-0145-FEDER-007690.</p>

scholarly journals La interpretación del mandamiento del amor en la ética kantiana. The Interpretation of Love Commandment in Kantian Ethics

2017 ◽  
Author(s):  
Juan Pablo Martínez Martínez
Keyword(s):  
The Other ◽  
Moral Experience ◽  
Kantian Ethics ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
Correct Understanding

La exégesis que Kant lleva a cabo del mandamiento evangélico del amor en la KpV y en la Fundamentación de la Metafísica de las costumbres pone en juego algunos de los principales aspectos de la “doctrina” ética kantiana. En este trabajo me propongo analizar si el enfoque moral kantiano sería el instrumento hermenéutico adecuado para una correcta comprensión no sólo del imperativo evangélico, sino de la realidad ética en la que el hombre, por un lado, se desenvuelve, y por otro lado, vivencia precisamente en medio de los valores ambivalentes o más bien anfibológicos que caracterizan a toda experiencia moral humana impresa con el sello de la autenticidad.The exegesis that Kant realizes about the Gospel commandment of love in the KpV and the Groundwork of the Metaphysic of Morals shows some of the main aspects of the “doctrine” Kantian ethics. In this paper, I will analyze whether the kantian moral approach would be the right tool to get a correct understanding of the imperative Gospel and the ethics reality in which, on the one hand, the man grows and, on the other hand, has experience right in the middle of ambivalent or ambiguous values that distinguish every human moral experience printed with the stamp of authenticity.

Part I General Aspects, 2 The IPO Process, IPO Disclosure, and the Prospectus Regulation

2020 ◽  
Author(s):  
Teerink Han
Keyword(s):  
Initial Public Offering ◽  
The Other ◽  
Business Information ◽  
Other Hand ◽  
The One ◽  
General Aspects ◽  
Public Offering ◽  
The Right ◽  
Insight Into

This chapter offers insight into a typical initial public offering (IPO) process, highlighting key practical and legal considerations around disclosure, through the IPO prospectus and otherwise. The prospectus plays a key role in the preparations for, and execution of, an IPO. As an IPO prospectus typically constitutes a company's first public dissemination of financial and business information, the company and other parties involved in the IPO process must carefully consider the right balance between, on the one hand, drafting the IPO prospectus as a marketing document introducing the company and its business to potential investors, whilst, on the other hand, being able to use the prospectus as a disclosure document that protects the company against liability arising from claims from investors or others after the IPO. Here, the chapter summarizes the different phases in an IPO process and the most important documents and parties involved, focusing on the central role of the IPO prospectus. In addition, a number of changes resulting from the enactment of the Prospectus Regulation are likely to be of particular relevance to IPO processes. The expected impact of these changes is therefore also discussed.

scholarly journals PLASTICS MADE FROM RENEWABLE SOURCES – POTENTIAL AND PERSPECTIVES FOR THE ENVIRONMENT AND AGRICULTURE OF THE THIRD MILLENIUM

1970 ◽  
Vol 65 (2) ◽  
Author(s):  
N. Cioica ◽  
C. Cota ◽  
Mihaela Nagy ◽  
G. Fodorean
Keyword(s):  
Food Industry ◽  
The Other ◽  
Raw Material ◽  
Renewable Sources ◽  
Great Opportunity ◽  
The Third ◽  
Other Hand ◽  
Agriculture Industry ◽  
The One ◽  
Agricultural Materials

Bioplastics constitute a great opportunity for agriculture, industry and environment. On the one hand, the basic raw material used to fabricate bioplastics is made from renewable agricultural materials, on the other hand, bioplastics have a wide application as packaging and protections in the food and non-food industry as catering products as protection films and foils and as compostable items in agriculture. Also very important is that after achieving the purpose for which they are produced, bioplastics become waste and their cycle is closed as they can be used as compost for agriculture.

scholarly journals Autonomy and Aesthetic Engagement

Mind ◽  
2019 ◽  
Vol 129 (516) ◽  
pp. 1127-1156 ◽  
Author(s):  
C Thi Nguyen
Keyword(s):  
The Other ◽  
Aesthetic Appreciation ◽  
Aesthetic Value ◽  
Aesthetic Object ◽  
Other Hand ◽  
Motivational Structure ◽  
The Aesthetic ◽  
The One ◽  
The Right ◽  
Aesthetic Judgments

Abstract There seems to be a deep tension between two aspects of aesthetic appreciation. On the one hand, we care about getting things right. Our attempts at aesthetic judgments aim at correctness. On the other hand, we demand autonomy. We want appreciators to arrive at their aesthetic judgments through their own cognitive efforts, rather than through deferring to experts. These two demands seem to be in tension; after all, if we want to get the right judgments, we should defer to the judgments of experts. How can we resolve this tension? The best explanation, I suggest, is that aesthetic appreciation is something like a game. When we play a game, we try to win. But often, winning isn’t the point; playing is. Aesthetic appreciation involves the same flipped motivational structure: we aim at the goal of correctness, but having correct judgments isn’t the point. The point is the engaged process of interpreting, investigating, and exploring the aesthetic object. When one defers to aesthetic testimony, then, one makes the same mistake as when one looks up the answer to a puzzle, rather than solving it for oneself. The shortcut defeats the whole point. This suggests a new account of aesthetic value: the engagement account. The primary value of the activity of aesthetic appreciation lies in the process of trying to generate correct judgments, and not in having correct judgments.

scholarly journals THE SOUTH-EASTERN BORDER REGION OF THE HITTITE STATE

2016 ◽  
pp. 19-30
Author(s):  
ROBERT GHAZARYAN
Keyword(s):  
Border Region ◽  
The Other ◽  
The South ◽  
The North ◽  
Other Hand ◽  
Euphrates Valley ◽  
Important Position ◽  
The One ◽  
The Right ◽  
Armenian Highland

Tegarama was one of the eastern lands of the Hittite Kingdom. In the geographic sense it is part of the Armenian Highland that is why its history is of special interest to us. Taking into account the fact that the Armenian people had considerable ethnic ties with the Upper Euphrates region, specialists have traditionally tended to identify “Home of Torgom” in the Trans Euphrates region together with the city Tegarama (Assyrian Til-Garimmu) mentioned from the 2nd millennium BC. “Home of Torgom” literally repeats Bet-Togarma mentioned in the Bible. The study of the history of the country of Tegarama is also important because in Armenian historiography, starting from Movses Khorenatsi, Armenian ancestor Hayk is called “Son of Torgom”, and the Armenian people - “People of Torgom”. Most of the researchers located Tegarama in the place of the present settlement Gyurun. By comparing the “Cappadocian”, Hittite and Assyrian sources, Tegarama can be located in the Upper Euphrates valley, on the right bank of the river, to the north of Kargamis, to the west of Isuwa, to the south of Upper Land and to the east of Kanes. The territory of Tegarama was not far from Nesa - one of the initial centers of the Hittites; and it was also one of the initial places of inhabitance of the Hittites. Tegarama also occupied a strategically important position. On the one hand it bordered on the country of Mitanni, on the other hand - on Isuwa. Thus, the country of Tegarama occupied a significant geographic position: on the one hand roads led from here to other western districts of the Armenian Highland, to Tsopk, and on the other hand - to Northern Syria and Northern Mesopotamia. It was also one of the spiritual centers of Hatti.

scholarly journals Arendt og Kafka

2011 ◽  
Vol 26 (66) ◽  
Author(s):  
Isak Winkel Holm
Keyword(s):  
Hannah Arendt ◽  
Franz Kafka ◽  
Fundamental Question ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
Opening Up

Isak Winkel Holm: “Arendt and Kafka. The Right to Rights in Franz Kafka’s ‘The Metamorphosis’”Franz Kafka experienced a legal and political vacuum opening up in the middle of civilized Europe, Hannah Arendt saw it culminating in the death camps. In this sinister historical situation both authors were not so much interested in the question of specific rights as in the more fundamental question of the right to have rights – to use Arendt’s famous formula. This essay explores the intricate relationship between Kafka’s and Arendt’s analyses of the “calamity of the rightless”. On the one hand, Kafka’s literary diagnosis of rightlessness will be reconstructed through a reading of his story “The Metamorphosis”; on the other hand, Arendt’s philosophical portrait of the rightless refugee will be developed in a discussion of her early Kafka essays and, first of all, of her Origins of Totalitarianism. The contention is that Arendt’s notion of the right to have rights and, hence, her reading of Kafka function as important corrections of modern Kafka research.

Sign in / Sign up

Export Citation Format

Share Document