Mancipes, pecunia, praedes and praedia in the epigraphic Lex agraria of 111 BC

2007 ◽  
Vol 75 (1) ◽  
pp. 3-16
Author(s):  
L. de Ligt
Keyword(s):  
The State ◽  
Third Party ◽  
Public Land ◽  
The Third ◽  
History Of ◽  
Early Text ◽  
The Third Party ◽  
The Right ◽  
Do So

AbstractThe aim of this article is to shed new light on the history of the Roman ager publicus in Africa as revealed by the epigraphic Lex agraria of 111 BC. According to some recent commentators, this law refers to the leasing out of state-owned land in Africa in return for an annual rent (pequnia) and also to the farming-out of the right to collect this revenue to private tax-farmers. Against this it is argued that throughout the African part of the Lex agraria the term pequnia refers to the price of formerly public land sold off by the state. It is also argued that the enigmatic expression invito eo quei dabit in line 84 is part of a provision concerning the intervention of a third party on the buyer's behalf. The provision in question prescribes that if the buyer does not pay the price immediately and has not yet offered real security in the form of praedia, any third party willing to fulfil either of these obligations will be permitted to do so, even if the buyer does not want the third party to intervene. We are therefore dealing with an early text concerning unsolicited intervention on behalf of a debitor invitus, a topic that is also dealt with in D. 46,3,53 (Gaius) and in D. 17,1,53 (Papinian).

scholarly journals KEDUDUKAN HUKUM PERSEWAAN TANAH NEGARA

2017 ◽  
Vol 16 (2) ◽  
pp. 139
Author(s):  
Iwan Permadi
Keyword(s):  
Legal Status ◽  
Secondary Data ◽  
The State ◽  
Third Party ◽  
Public Land ◽  
Regional Autonomy ◽  
The Public ◽  
The Third ◽  
Secondary Data Sources ◽  
The Right

<em>This paper examines how the legal status of leasing the public land in deal with the State's Right of Controlling is and how the further regulating them in the implementation of regional autonomy is. The used method is a normative legal research with secondary data sources through primary legal materials, secondary and tertiary. The results show that leasing the land that the object is a public land constitutes an action against the law, because the state is in fact not the owner of the land. The state only has the right to control the public land and the only the owner has the right to lease the land. Therefore, there is a smuggling law in case of leasing the public land through enacting the regional regulations that contain the permit to use the public land, that the third parties can use public land but the third party must pay a sum of money.</em>

Kedudukan Hukum Persewaan Tanah Negara

2016 ◽  
pp. 139-153
Author(s):  
Iwan Permadi
Keyword(s):  
Legal Status ◽  
Secondary Data ◽  
The State ◽  
Third Party ◽  
Public Land ◽  
Regional Autonomy ◽  
The Public ◽  
The Third ◽  
Secondary Data Sources ◽  
The Right

This paper examines how the legal status of leasing the public land in deal with the State's Right of Controlling is and how the further regulating them in the implementation of regional autonomy is. The used method is a normative legal research with secondary data sources through primary legal materials, secondary and tertiary. The results show that leasing the land that the object is a public land constitutes an action against the law, because the state is in fact not the owner of the land. The state only has the right to control the public land and the only the owner has the right to lease the land. Therefore, there is a smuggling law in case of leasing the public land through enacting the regional regulations that contain the permit to use the public land, that the third parties can use public land but the third party must pay a sum of money.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

1. Introduction to Property and Land

2019 ◽  
pp. 1-27
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
English Law ◽  
The Third Party ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

scholarly journals AL-IJARAH AL-MUNTAHIYAH BI AL-TAMLIK (IMBT) DALAM PERSPEKTIF ANATOMI KONTRAK BISNIS

ALQALAM ◽  
2009 ◽  
Vol 26 (2) ◽  
pp. 193
Author(s):  
Jaih Mubarok
Keyword(s):  
Financial Institutions ◽  
Financial Institution ◽  
The State ◽  
Point Of View ◽  
Third Party ◽  
Business Unit ◽  
The Third ◽  
Arbitration Board ◽  
The Law ◽  
The Third Party

AI-Ijarah al-Muntahiyyah bi al-Tamlik (IMBT) is conceptually almost the same as leasing which is conducted by world financial institutions, including those of in Indonesia. IMBT is a service product of syari'a financial institution which is transparant and is able to involve the third party whenever it is necessary. In the context of Indonesia, economic syari'a is culturally designed and run by the Coumil of Indonesian Ulama (MUI). In order to regulate the bussiness in the syari'a system, MUI forms the Council of National Syari'a (DSN) issuing the fatwas; in order to give monitoring, DSN places The Board ef Syari'a Controller (DPS) in every business unit which uses syari'a system; in order to solve the syari'a business disputation, MUI forms the Arbitration Board of National Syari'a (Basyarnas). Moreover, The State has structurally accomodated the system of syari'a business in law and regulation. Therefore, The openess characteristics (the principle of free based contract) which is also practiced in the contract of IMBT is restricted by the law and regulation and considered appropriate in syari'a point of view based on DSN-MUI fatwas.

scholarly journals A Critical Appraisal of Dismissals at the Behest of a Third Party: The Impact of the Constitutional Labour Rights

Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 105-125
Author(s):  
Tumo Charles Maloka
Keyword(s):  
Social Justice ◽  
Critical Appraisal ◽  
Third Party ◽  
Disciplinary Power ◽  
Security Services ◽  
The Third ◽  
Statutory Protection ◽  
The Third Party ◽  
The Impact ◽  
Do So

The pivotal judgments on dismissals at the behest of a third party – East Rand Proprietary Mines Ltd v UPUSA, Lebowa Platinum Mines v Hill, NUMSA v Hendor Mining Supplies a Division of Marschalk Beleggings (Pty) Ltd, TSI Holdings (Pty) Ltd v NUMSA, NUPSAW obo Mani v National Lotteries Board and NUMSA v High Goal Investments t/a Chuma Security Services – deeply implicate discrimination in all its manifestations, accountability, gendered precariousness and social justice. This contribution explores the focal questions raised in recent times concerning the fairness of a dismissal at the instance of a third party. First, there are fundamental points relating to the constitutional and statutory protection of security of employment. Secondly, there are those familiar problems often associated with substantive and procedural fairness that surface here under the guise of questioning the disciplinary power of the employer. In this context, inroads into managerial prerogative and disciplinary procedure are amplified where there has been no fault on the part of the employee and no breakdown of the trust relationship, or where the employee has been disciplined, but not dismissed and the employer did not want to terminate the employee’s employment but was coerced by the third party to do so. Thirdly, there is the thorny issue of the reason behind the third-party demand and the related issue of intolerability caused by the targeted employee. And finally, there is the issue of striking in support of a demand for dismissal of a co-employee.

Disquieting experiences and conversation

2020 ◽  
Vol 30 (6) ◽  
pp. 864-877
Author(s):  
Lívia Mathias Simão
Keyword(s):  
Third Party ◽  
The Third ◽  
30Th Anniversary ◽  
Hermeneutic Inquiry ◽  
The Third Party ◽  
Other World ◽  
Do So

On the occasion of the 30th anniversary of Theory & Psychology, my aim in this article is to widen the discussion about one of the issues I consider foundational in the approach of I–other–world relations in subjectivation processes, that is to say, that of the disquieting experience, which we have been developing in the ambit of semiotic–cultural constructivism in psychology. First, I will make an exposition of the main aspects that characterise the notion of disquieting experience. I shall then seek to deepen some of the relations between disquieting experience, hermeneutic inquiry, and conversation. In order to do so, I will make use of articles published in Theory & Psychology that are fundamental to this deepening, due to leading us to the role of the third party in subjectivation processes.

scholarly journals SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Trusto Subekti
Keyword(s):  
Family Law ◽  
The State ◽  
Third Party ◽  
Legal Certainty ◽  
Marriage Law ◽  
Arranged Marriage ◽  
The Third ◽  
Regulatory Aspects ◽  
The Law ◽  
The Right

Legal certainty is an indicator for a legal into good legal category, the fact about  the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations  to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by  a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement

scholarly journals A Brief Study on the Imposition of Mizoram Under President’s Rule

2021 ◽  
Vol 5 (2) ◽  
pp. 66-75
Author(s):  
R. Vanlalhmangaihsanga
Keyword(s):  
Central Government ◽  
The State ◽  
The Third ◽  
Executive Authority ◽  
State Administration ◽  
The Right ◽  
Union Territory ◽  
Do So ◽  
Union Government

Under Article 356 of the constitution of India, Union Government has the right to cease the executive authority of a state and impose it under President’s Rule. However, the President’s Rule is usually exercised only when the administration of the state cannot function properly according to the provision given in the Constitution of India. When a state is imposed under President’s Rule, the Governor will have authority over the state administration and he will do so under the provision of the central government. Mizoram has also been imposed under President’s Rule thrice. The first two times was during the period in which Mizoram was a Union Territory and the third time was after it attains statehood.

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