scholarly journals REGISTRATION SYSTEM OF PROPERTY RIGHTS IN FRANCE (EXPERIENCE ANALYSIS)

2017 ◽  
pp. 75-80
Author(s):  
Константин Путря ◽  
Konstantin Putrya
Keyword(s):  
Property Rights ◽  
German Law ◽  
French Law ◽  
Registration System ◽  
Judicial Practice ◽  
Property Right Reform ◽  
German Model ◽  
The Will ◽  
Numerus Clausus ◽  
The One

The article deals with the questions of French law and the recent French judicial practice concerning the type of the registration system of property rights and the nature of the list of property rights. The author briefly reveals the basic essence of the two main types of registration systems of property rights in Europe — the French model and the German model. The author considers the idea of creating in France the new property rights by the efforts of law enforcers and the will of turnover participants and without stipulation of these new rights in the law. Then the author analyzes the arguments of the supporters of open and closed list (numerus clausus) of limited property rights. The author comes to the conclusion that sequential withdrawal of the French law from the principle of numerus clausus. On the basis of the one of judicial decisions of the Cassation Court, which became a continuation of the concept of property right reform, laid down and formed in France in 2007, the author shows that the French law prefers the open list of limited property rights or the transitional mixed nature of the list of limited property rights, which can recognize the new limited property rights created by the entities, and limited property rights already enshrined in law. The author shows and proves, using the example of French and German law that the registration system of property rights based on the “principle of inclusion”, and the registration system of property rights based on transcription-inscriptional approach can affect the nature of the list of property rights — it can be open or closed.

NUMERUS CLAUSUS OF PROPERTY RIGHTS: THE ORIGIN AND RATIONALE FOR THE DOGMATIC PHENOMENON

2020 ◽  
Vol 20 (4) ◽  
pp. 45-93
Author(s):  
A.D. ALDOSHKINA
Keyword(s):  
Property Rights ◽  
Fundamental Property ◽  
Judicial Practice ◽  
Legal Principle ◽  
Numerus Clausus ◽  
Ambivalent Attitude

The article examines the genesis of the fundamental property-legal principle – the principle of numerus clausus, and its reflection in the legislation and judicial practice of various legal orders. The main approaches to substantiating the need to limit the list of property rights are critically considered. An ambivalent attitude towards the principle of numerus clausus of property rights is demonstrated when its dogmatic rigidity in practice encounters with many exceptions in connection with the socio-economic demands of society. The conclusion about the need to develop a tendency to soften the imperative regulation of property rights and a departure from axiomatic ideas about the phenomenon considered in the article.

Voluntary Termination of Limited Property Rights to Residential Premises

2021 ◽  
Author(s):  
S.I. Suslova ◽  
◽  
N.V. Sheremeteva ◽  
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Court Decisions ◽  
Judicial Practice ◽  
Legal Literature ◽  
The Will ◽  
The Russian Federation ◽  
The Right ◽  
Legal Consequences ◽  
Voluntary Termination

The article describes the voluntary termination of property rights to residential premises. These are the features common to all restricted property rights to residential premises that determine the qualification of actions to waive these rights. Attention is drawn to the almost complete legislative regulation procedure absence for renouncing these rights, as well as the legal consequences that it entails. The authors conclude that the absence of provisions on refusal in the housing and civil legislation calls into question the fact that the will of the owner of a limited property right leads to its termination. The article analyzes the arguments expressed in the legal literature in favor of the need to obtain the consent of the owner to waive the limited property rights, justifies the inadmissibility of their use in relation to the limited property rights to residential premises, and illustrate the approach of the enforcement authorities, allowing the analogy of the law in waiving the right of a family member of the owner of the premises and of the legatee of the dwelling. According to the authors` opinion at the present time there is the lack of sufficient judicial practice on refusal in relation to the rent recipient. The authors criticize the application of Article 83 of the Housing Code of the Russian Federation, which regulates relations arising from the contract of residential premises social rental to relations in the sphere of limited property rights to residential premises. Attention is drawn to a small number of court decisions on the refusal of the annuity recipient`s subjective right.

scholarly journals Land Plots with Unknown Owners: Causes and Legal Measures—The Necessity for a Thorough Reduction of Transaction Costs

2021 ◽  
pp. 31-62
Author(s):  
Hideo Fukui
Keyword(s):  
Real Estate ◽  
Institutional Arrangement ◽  
Civil Code ◽  
Fixed Asset ◽  
Land Expropriation ◽  
Registration System ◽  
Public Purpose ◽  
The Will ◽  
The One ◽  
The Right

AbstractThe increase of land plots with unknown owners, namely, land plots whose owner’s name and address are not easily identifiable through repeated inheritance, etc., has emerged as a prominent social issue. The major reason for this phenomenon is the Civil Code that unconditionally allows the sharing of real estate by an unlimited number of co-owners, for one thing, and the registration system of real estate that does not require the true owner to register and thus does not show the real rights of real estate, for another. To reduce the increase of land plots with unknown owners as a proactive measure and to utilize them as a reactive measure, it is necessary to establish the one-owner principle with a ban of the sharing of real estate even through inheritance, to abolish fixed asset tax on buildings and houses, to require the new owner of real estate to register the right upon the transfer of ownership and for the registration office to make it public, to amend the Land Expropriation Act to facilitate the purchase of the land plots for public purpose without owner identification, to create an institutional arrangement that allows the will of the owner to be fictionally replaced, and to amend the Civil Code to allow the disposal of shared real estate by the majority of the co-owners.

Kroniek van een aangekondigd ontslag. Twee opmerkelijke brieven van Alfons Van de Perre betreffende zijn afscheid als volksvertegenwoordiger in 1919

2007 ◽  
Vol 66 (1) ◽  
pp. 45-63
Author(s):  
Luc Vandeweyer
Keyword(s):  
Political Party ◽  
First World War ◽  
Source Material ◽  
The Other ◽  
World War ◽  
The First World War ◽  
The Will ◽  
The One ◽  
First World ◽  
Member Of Parliament

In deze bronnenpublicatie ontleedt Luc Vandeweyer de parlementaire loopbaan van de geneesheer-politicus Alfons Van de Perre: hoe hij in 1912 feitelijk  tegen wil en dank  volksvertegenwoordiger werd, zich anderzijds blijkbaar naar behoren kweet van zijn taak en tijdens de eerste verkiezingen na de Eerste Wereldoorlog (1919) zijn mandaat hernieuwd zag maar meteen daarop ontslag nam. Volgens de bekende historiografische lezing was de abdicatie van de progressieve politicus een daad van zelfverloochening die enerzijds werd ingegeven door gezondheidsmotieven en  anderzijds was geïnspireerd door de wil om de eenheid binnen de katholieke partij te herstellen. De auteur komt op basis van nieuw en onontgonnen bronnenmateriaal tot de vaststelling dat Van de Perres spontane beslissing tot ontslag in de eerste plaats een strategische keuze was: in het parlement, waar hij zich overigens niet erg in zijn schik voelde, kon hij minder invloed uitoefenen op de Vlaamse beweging dan via de talrijke engagementen waarvoor hij voortaan de handen vrij had. Eén ervan was die van bestuurder én publicist bij het dagblad De Standaard.________Chronicle of the announcement of a resignation. Two remaekable letters by Alfons Van de Perre concerning his resignation as a Member of Parliament in 1919In this source publication Luc Vandeweyer analyses the parliamentary career of the physician-politician Alfons Van de Perre and he describes how Van de Perre became a Member of Parliament in 1912 actually against the grain, yet how he apparently did a good job carrying out his duties. During the first elections after the First World War (1919) Van de Perre found that his mandate was renewed, but he handed in his resignation immediately afterwards. According to the familiar historiographical interpretation the abdication of the progressive politician was an act of self-denial, which was prompted on the one hand by health reasons and on the other hand inspired by the will to restore unity within the Catholic political party. On the basis of new and so far unexplored source material the author concludes that the spontaneous decision by Van de Perres to hand in his resignation was above all a strategic choice: in the Parliament, which he did not much enjoy anyway, he could exert less influence on the Flemish movement than via his numerous commitments, which he was now free to take on. One of these was the post of director as well as political commentator of the newspaper De Standaard.

Abortion and Judicial Review of Statutes

1977 ◽  
Vol 12 (1) ◽  
pp. 15-31 ◽  
Author(s):  
Ernst Livneh
Keyword(s):  
Federal Republic ◽  
Judicial Review ◽  
German Law ◽  
Reform Movement ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
French Law ◽  
The West

It is difficult to see the connection between these two topics, but on 25 February 1975 the Constitutional Court of the Federal Republic of Germany gave a decision of great importance in both fields, and although Israel adheres to another system of law, in the opinion of the writer, this decision is of great interest here too.The amendment of the German law relating to abortions, whose constitutionality was examined in the judgment mentioned, is part of a reform movement spreading from Europe to the Americas in the West and to Russia, India and Singapore in the East. It began to have influence upon legislation between the two wars (Russia 1920, Scandinavia and Switzerland in the 1930's), but gathered momentum particularly during the last decade (one of the earlier laws in this series is the English Abortion Act, 1967; one of the latest, the French Law of 17 January 1975).

scholarly journals Challenging the State: Devolutionary Tenure Transitions for Saving and Expanding Forests

Human Ecology ◽  
2021 ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Rural Communities ◽  
Property Rights ◽  
Protected Areas ◽  
Forest Cover ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Property Relations ◽  
The Will ◽  
Customary Land

AbstractI address a contentious element in forest property relations to illustrate the role of ownership in protecting and expanding of forest cover by examining the extent to which rural communities may legally own forests. The premise is that whilst state-owned protected areas have contributed enormously to forest survival, this has been insufficiently successful to justify the mass dispossession of customary land-owning communities this has entailed. Further, I argue that state co-option of community lands is unwarranted. Rural communities on all continents ably demonstrate the will and capacity to conserve forests – provided their customary ownership is legally recognized. I explore the property rights reforms now enabling this. The replication potential of community protected forestlands is great enough to deserve flagship status in global commitments to expand forest including in the upcoming new Convention on Biological Diversity (CBD).

scholarly journals Faith and Rhetoric in Giles of Rome

Vivarium ◽  
2019 ◽  
Vol 57 (1-2) ◽  
pp. 1-21
Author(s):  
Nicolas Faucher
Keyword(s):  
Thirteenth Century ◽  
Psychological Process ◽  
Natural Control ◽  
Philip The Chancellor ◽  
The Will ◽  
Affective Bias ◽  
The One ◽  
Rhetorical Discourse ◽  
D 23

AbstractGiles of Rome’s view of faith in the reportatio of his questions on book III of the Sentences (q. 38, d. 23) is founded on a likening of faith to rhetoric. The firm intellectual assent that characterizes them both is caused by the will, motivated by emotion, or affective bias. This paper argues that this is made possible by Giles’ move away from Aquinas’ position on the assent produced by rhetorical discourse, which Aquinas thought to be of little certainty, while Giles affirms that, based on the will’s natural control over the intellect, it can be as certain as faithful assent, and that the psychological process that produces it can serve as a model for that which produces faithful assent. The new function Giles gives to rhetoric underlines the evolution of thirteenth-century views on faith, as shown through a comparison of Giles’ view with two other doctrines of faith that use examples similar to the one Giles employs: those of Philip the Chancellor and Peter John Olivi. For the former, faith founded on affective bias is a typical example of non-virtuous faith, while for the latter, just as for Giles, it is the very model of virtuous faith.

Protection of intangible benefits as a priority form of legal protection

2021 ◽  
Author(s):  
Victoria Shesterina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Protection ◽  
Civil Protection ◽  
Judicial Practice ◽  
Innovative Methods ◽  
Intangible Benefits ◽  
Methods And Techniques ◽  
Moral Damage ◽  
The Russian Federation

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.

A Tug of War Between Heritage Conservation and Property Rights: Some Success at Last for Heritage Conservation—City of Cape Town v. Oudekraal Estates (Pty) Ltd. [2007] JOL 20887 (C)

2009 ◽  
Vol 16 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Margaret Beukes
Keyword(s):  
Property Rights ◽  
South African ◽  
Cape Town ◽  
The Other ◽  
Heritage Conservation ◽  
South African Context ◽  
Sensitive Issue ◽  
African Context ◽  
The One ◽  
The Right

When the idea of heritage conservation arises, one specific facet of the ensuing reflection is bound to emerge at some stage: the (inevitable) tension between property rights, on the one hand, and the right to culture (of which heritage conservation is an aspect), on the other. This tension intensifies when the cultural material to be conserved concerns a traditionally sensitive issue—that of the burial places of the ancestors of people designated in the South African context as previously disadvantaged.

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