scholarly journals THE RIGHT OF COMMON SHARED OWNERSHIP: THE ESSENCE AND PROBLEMS OF PROTECTION

2021 ◽  
pp. 18-22
Author(s):  
D.V. Pyatkov
Keyword(s):  
Common Property ◽  
Civil Law ◽  
Property Right ◽  
Court Decision ◽  
Practical Significance ◽  
Free Exercise ◽  
The Right ◽  
Ownership Rights ◽  
Widespread View ◽  
Shared Ownership

The article attempts to rethink the phenomenon of shared ownership, taking into account the conceptof multiple ownership rights to one thing at the same time existing in civil law. The widespread view ofthe right of shared ownership as one right to the same thing belonging to several persons at the same timeis critically evaluated. It is concluded that each co-owner has his own property right, which is limited bythe same rights of other co-owners. The construction of shared ownership is considered in the contextof possession protection proposed in the Concept of the Development of Civil Legislation of the RussianFederation: competition arises between the rights of co-owners, which is won by the possessing co-owner,if, for example, the issue of access to things by other co-owners is resolved. The practical significance of the ideas that common property is a plurality (system) of ownership rights to one thing is shown. In particular, itis proposed to use such a model when resolving conflicts between co-owners when moving into a residentialpremises: the owner who actually uses the residential premises has an advantage over other co-owners andhas the right to prevent other co-owners from moving in until a court decision. The share in the ownershipright is proposed to be considered as a measure of the free exercise by the owner of his rights in the conditionsof multiple ownership rights to one thing.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals Ghostwriters as a Legal Phenomenon: Features and Perspectives of Legal Regulation of Their Activity

Lex Russica ◽  
2021 ◽  
pp. 19-27
Author(s):  
N. V. Zaitseva
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Civil Law ◽  
Fundamental Property ◽  
Legal Regulation ◽  
Administrative Law ◽  
Scientific Field ◽  
Property Right ◽  
The Subject ◽  
The Right

The paper is devoted to the problem of using the work of another person in the intellectual field, primarily in literary activity. The involvement of ghostwriters in writing literary works has created a legal phenomenon when the subject matter of contractual relations represents the inalienable non-property right, namely: the right of authorship the transfer of which is not possible in many jurisdictions, and in others, despite the absence of an explicit prohibition, there is no legal regulation of such alienation. However, the existence of ghostwriters cannot be assessed as a unique phenomenon of modernity. In our time, they have only gained new forms and a special place not only in the literary, but also in the scientific field. In this regard, the establishment of legal mechanisms for attracting and regulating ghostwriters is more effective than the establishment of a system of prohibitions.In the conditions of changing publishing businesses and increasing ways and forms of proof, questions about the authenticity of a person's authorship began to arise increasingly, especially in the field of scientific and scholarly literature, where the work of "new" researchers is often used. The issue of assignment of the right of authorship (copyright) — a fundamental property right — is treated differently in different legal systems. The continental system of law relies on impossibility of transferring copyright from one entity to another as part of a civil law transaction. Therefore, instances of attribution of authorship are assessed in the context of criminal or administrative law. It forms the legal essence of the division of rights of authorship into property and nonproperty ones: any commercial rights to intellectual property can be ceded except the authorship.

scholarly journals THE RIGHT ON SAFE FOR LIFE AND HEALTH ENVIRONMENT

2021 ◽  
Vol 6(72) (3) ◽  
pp. 90-97
Author(s):  
E.E. Muhamedova
Keyword(s):  
Civil Law ◽  
Property Right ◽  
Legal Analysis ◽  
Natural Person ◽  
The Right ◽  
Subjective Rights ◽  
Law Regulation

The article deals with theoretical legal analysis of the personal non-property right of natural persons on safe for life and health environment. The main legal features and content of the personal non-property right of natural persons on safe for life and health environment are considered. Attention to the questions of privately-legal defence of right for a natural person on safe for life and health environment. The necessity of civil law regulation of the personal non-property right of natural persons on safe for life and health environment is substantiated by expanding the catalog of intangible boon. It is concluded that the consolidation of the personal non-property right of natural persons on safe for life and health environment in civil law will provide an opportunity to use civil legal means of protecting the subjective rights of a citizen in the environmental sphere, which helps ensure their implementation.

scholarly journals Konsekuensi Yuridis Berlakunya Perjanjian Perkawinan Pasca Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015

2021 ◽  
Vol 7 (1) ◽  
pp. 295
Author(s):  
Si Ngurah Ardhya ◽  
I Putu Windu Mertha Sujana
Keyword(s):  
Civil Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Way Of Life ◽  
Civil Registration ◽  
The Republic ◽  
The Right ◽  
Justifiable Reason ◽  
Husband And Wife

Philosophically PMK (Constitutional Court Decision) Nr. 69/PUU-XIII/2015 based on way of life, awareness, and legal ideals such as the mystical atmosphere and Indonesian Nation according Pancasila and The Constitutional of The Republic of Indonesia Article 28E Paragraph (2). Sociologically, based on legal needs society regarding the leniency when the marriage agreement was made that is the phenomenon of a husband and wife for some reason feels they needed to make a marriage agreement after the wedding day was held. Juridically, the issuance of PMK Nr. 69/PUU-XIII/2015 is not solely on the basis of unconstitutionality, but also on a conflict of norms between Article 29 Paragraph (1) of Act Nr.  Year 1974 with general provisions of the ageement in Book III Code of Civil Law. Referring to PMK No.69/PUU-XIII/2015 which was strengthened by Act Nr. 2 Year 2014, Notary has the right to ratified the marriage agreement into an authentic deed so that there is no justifiable reason for the Department of Population and Civil Registration and Office of Religious Affairs rejects the authentic nature of the deed which is validated bay notary. 

scholarly journals The Right to Property and Property Rights as Objects of Possession, which is Committed by the Abuse of an Official by his Official Position (Part 2 of Article 191 of the Criminal Code of Ukraine)

2021 ◽  
Vol 1 (15) ◽  
pp. 126-149
Author(s):  
Pavlo Serhiiovych Berzin ◽  
Ruslan Anatoliiovych Volynets ◽  
Mykhailo Mykhailovych Khomenko
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Criminal Code ◽  
Property Right ◽  
Official Position ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
The Subject ◽  
Definition Of ◽  
The Right

The article analyzes the criminal and civil understanding of the concepts of "foreign property", "right to property" and "property law". Different meanings of these concepts are considered. Differences in criminal and civil law understanding of these concepts and their relationship are established. It is substantiated that the subject of possession provided for in p. 2 art. 191 of the Criminal Code is only someone else's property, not the right to property and property rights. It is substantiated that the concept of "property" in the relevant compositions of criminal offenses against property performs other functions than the concept of "property" in civil law, and that the criminal law understanding of property and civil law definition of property in p. 1 of art. 190 of the Civil Code are unequal (different). On this basis and taking into account the legal positions of the Supreme Court and the Supreme Court of Ukraine, the conclusion is formulated that the subject of possession in the relevant composition of criminal offenses against property can be only someone else's property, not the right to it or not a property actions. The concepts of “property right” and “right to property” are not identical, and the concepts of “property right”, the term "right to property" constitute real rights on the property, but no other rights that are not property. In view of this, the possession by an official by abusing his official position the right to property or, in other words, the possession by an official by abusing of the right to property cannot be qualified under the relevant part of art. 191 of the Criminal Code. In addition, the article analyzes the definition of "right to property", which affect the recognition of the right to property as a kind of "subject" of the so-called "selfish abuses" under art. 364, 364-1 of the Criminal Code. It is emphasized that when an official possession the right to property committed by abusing his official position, he cannot qualify under the relevant part of art. 191 of the Criminal Code, as there is no such mandatory feature of p. 2 of art. 191 of the Criminal Code of abuse as someone else's property that is the subject of abuse.

scholarly journals Notary Authority Based on Article 15 Paragraph (2) Letter F of Notary Position Act

2019 ◽  
Vol 7 (05) ◽  
Author(s):  
I Wayan Tri Wira Wiharja ◽  
Amiruddin ◽  
Sahnan
Keyword(s):  
Civil Law ◽  
Land Rights ◽  
Executive Power ◽  
Public Official ◽  
Narrow Sense ◽  
Power Of Attorney ◽  
Chinese Descent ◽  
The Right ◽  
Ownership Rights ◽  
Chinese Group

Notaries have a very important role in legal traffic, especially in the field of civil law, because a notary is domiciled as a public official who has the authority to make other deeds and authorities. One of the authorities granted is to make a deed relating to land, as referred to in Article 15 paragraph (2) letter F of the Notary Position Act. This research shows the authority of the notary in making land deeds in a narrow sense, namely the Power of Attorney Charges Mortgage (SKMHT) and in the broad sense namely the Roya Concert Act, the Right of Release Deed, the Declaration of inheritance rights for Indonesian citizens of the Chinese group. The power of attorney to impose liability the juridical implication is a power of attorney that cannot be withdrawn and does not end by any reason except with the making of the deed of rights to give the dependent. The deed of Roya concentration has a position as a substitute certificate of liability in the write-off of mortgage rights and has no executive power. With respect to the rights release deed, the juridical implications lead to the release of land rights from holders of ownership rights to individual land to the rights applicant, namely a private legal entity, first released to the state accompanied by compensation. Regarding the certificate of inheritance rights made by a notary for Indonesian citizens of Chinese descent the juridical implication is the basis for determining rights as heirs in the transfer of rights on the basis of inheritance.

scholarly journals Regulation of Protection of Agricultural Land and Limitation of Ownership Rights to Real Estate

2020 ◽  
Vol 29 (2) ◽  
pp. 127
Author(s):  
Rafał Michałowski
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Civil Law ◽  
The Real ◽  
The Real Estate ◽  
Positive Duties ◽  
Estate Property ◽  
The Right ◽  
Ownership Rights ◽  
Economic Use

<p>Regulations of the Act on Protection of Agricultural and Forest Land are treated as a limitation of the right of ownership of the real estate. Unlike civil law regulations, in this Act the legislator defines agricultural land as the subject of obligations specified in the Act, treating them in separation from the issue of ownership relationships. Unlike in civil law regulations, apart from the owner, a number of obligations associated with the protection of agricultural land is also imposed on other entities, which make economic use of the real estate property. According to the Act, the owner of real estate property has a number of obligations, such as prohibition to use land for non-agricultural purposes without having obtained a decision to designate the land for non-agricultural purposes and consent for exclusion of land from production. The owner also has other positive duties, such as the duty to prevent land degradation and devastation. These obligations, however, do not shape the subjective right of ownership, but are external to it, although they should be treated as a limitation to this right.</p>

scholarly journals Development of special property rights regimes

2021 ◽  
Vol 55 (1) ◽  
pp. 67-92
Author(s):  
Dušan Nikolić ◽  
Sloboda Midorović
Keyword(s):  
Public Interest ◽  
Civil Law ◽  
Special Property ◽  
Practical Significance ◽  
Property Law ◽  
Real Property ◽  
Cultural Goods ◽  
Legal Regimes ◽  
The Republic ◽  
The Right

In recent years, the shaping of special legal regimes has been intensified. They discreetly influence the ideological and value orientation of the Civil law and, to an increasing extent, its structure. Deviation from the general legal regime means that individuals or narrower social groups are brought either to a privileged or to a less favorable position in relation to other right holders. A more pronounced disparity between the general and the special can affect the stability of society, especially when it comes to the segment of the legal system that regulates issues related to the distribution and appropriation of goods in the domain of Real property law and Inheritance law. The introduction of new special legal regimes should affect the spread of Civil law. However, in most legal systems there is an opposite trend. New legal institutes that are in the function of implementing special legal regimes are governed by special regulations and often become part of separate, independent branches of law. Dispersion is especially emphasized in the domain of Real property law. The problem is that special legal regimes have not been the subject of more detailed studies in domestic doctrine. In this paper, questions concerning their conceptual definition, legal nature and practical significance are opened. In the first part, which could be conditionally called general, the current problems related to ideological and systemic dilemmas are analyzed. In the second, special, the current concept of a special property regime that applies to cultural goods is analyzed. Cultural goods are material elements of the cultural heritage of our country. The Constitution of the Republic of Serbia recognizes their status as goods of public interest, which implies the need for their enhanced protection. It is achieved by prescribing various public law restrictions that narrow the autonomy of the will of the owner. The paper analyzes the limitations of property entitlements for immovable and movable cultural goods, as well as for the goods that enjoy prior protection. Domestic regulations are inadequate in some segments because they provide for excessive restrictions (e.g. when determining the category of goods to which the right of pre-emption applies), because in some places they are insufficiently precise (in terms of determining the holder of the pre-emption right), or insufficiently elaborated (due to the failure to provide for the notification (die Anmerkung) of an (immovable) property that enjoys prior protection in the real estate cadastre). This emphasizes the importance of striving to achieve a fair balance between the public interest of the community, on the one hand, and the interests of owners, on the other.

scholarly journals Easement as a burden for the owner`s property

Legal Ukraine ◽  
2020 ◽  
pp. 28-34
Author(s):  
Oleh Ilkiv
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Aspects ◽  
Property Right ◽  
Public Interests ◽  
Private And Public ◽  
Legal Forms ◽  
The Individual ◽  
The Right ◽  
Market Relations

The article analyzes the features of such a legal category as easement, namely the concept, content and characteristics of easement as a way of exercising property rights in terms of civil law of Ukraine and formulates proposals for improving the civil law regulation of easement. Emphasis is placed on the study of not only theoretical problems but also issues of a practical nature. The signs of servitude rights, the grounds for private and public interests are investigated. The legal aspects of the servitude are clarified, as well as the individual-normative character is monitored. Positions on concretization of the ratio of the terms «encumbrance» and «restriction» of property rights through the prism of the provisions of easement rights are substantiated. The author clearly concludes that the property right in the form of an easement gives the owner the opportunity to effectively use their property, and also provides the right to satisfy the intangible interests of others whose property right to another’s property is not related to property rights. In the conditions of development and domination of market relations in the society the question of creation of such legal forms which would provide a possibility of a certain participation of one person in the property right of another irrespective of simple personal consent of the last becomes actual. Due to the involvement of land in the civil turnover, the system of easements is a rather complex legal phenomenon. Scientific and theoretical analysis of the construction of easements, methods of their acquisition, the practice of application of relevant legislation indicates the relevance of this institution of property law, especially in the development of land and agrarian reform, the development of legislation on property rights to real estate. Key words: easement, ownership, property rights, limits and restrictions.

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