scholarly journals Property Law in the New Romanian Civil Code

2016 ◽  
Vol 10 (1) ◽  
pp. 107-119 ◽  
Author(s):  
Szilárd Sztranyiczki
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Civil Code ◽  
Recent Change ◽  
Property Law ◽  
International Treaties ◽  
The Public ◽  
Public Property ◽  
Legal Provisions ◽  
Legal Nature

Abstract Taking into account the recent change in Romanian civil legislation, we consider the present scientific material very useful for an overview of this institution under the auspices of the New Civil Code. The national legal provisions set clear, therefore, that the property is divided into two institutions, the public property and the private property. Property classification is very important in this form for us to understand the legal nature and the applicable regime for each type of property. Moreover, the property right, either private or public, has an elite regulation in most European laws, but also in universal laws the respect for it and the guarantee of this right can be also found in the fundamental human rights, in the international treaties, and in the constitutions of different nations. We will try, therefore, to offer a brief overview of the new Romanian legislation in the mentioned field, which is already harmonized with European legislation, the result being the New Romanian Civil Code. We believe that the interpretation should be considerably more extensive, but - pragmatically - we will try to capture the main theoretical and practical features to denote the importance of this institution.

The Freedom to Exclude: The Case of Israeli Society

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Minority Groups ◽  
Private Property ◽  
Israeli Society ◽  
Private Sphere ◽  
The Public ◽  
The Law ◽  
The Public Sphere ◽  
The Right

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.

scholarly journals TOWARDS A TAXONOMY FOR PUBLIC AND COMMON PROPERTY

2019 ◽  
Vol 78 (1) ◽  
pp. 124-147 ◽  
Author(s):  
Christopher Rodgers
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Environmental Governance ◽  
Common Property ◽  
Private Property ◽  
Effective Protection ◽  
The Public ◽  
Property Interest ◽  
Public Property ◽  
New Strategies

AbstractThis article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both “owners” and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article concludes that it is a mistake to think in terms of “private property”, “common property” or “public property”. The division and allocation of resource entitlements in land can result in private, common and public property rights subsisting over the same land simultaneously, in different combinations and at different times. The categorisation of property interests in land (as private, common or public) may also shift and change from time to time. The article considers the importance of distinguishing between private, common and public property interests for developing new strategies for environmental governance, and for implementing the effective protection of natural resources.

LAW IN FUTURE: INTELLECTUAL PROPERTY, INNOVATION, INTERNET

2019 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Graduate Students ◽  
New Technologies ◽  
High Tech ◽  
The Internet ◽  
Business Practices ◽  
Property Law ◽  
International Treaties ◽  
Industrial Property ◽  
Neighbouring Rights

Concepts of law development in new technologies environment, international treaties and national legislation on copyright, neighbouring rights, industrial property law, means of individualization are analyzed. Issues of security and human rights on the Internet, the development of the digital economy and high-tech business, judicial and business practices are investigated. For researchers, professors, graduate students, students, practicing lawyers.

Speech Entitlements

2020 ◽  
pp. 165-203
Author(s):  
Stavroula Karapapa
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Original Work ◽  
Freedom Of Speech ◽  
The Public ◽  
Legal Nature ◽  
The Press ◽  
Current Events ◽  
Exceptions And Limitations ◽  
The Right

A number of copyright exceptions and limitations aim to promote the production of new copyright works and new authorship, and the protection of the public interest in gaining access to information and knowledge embodied in copyright-protected works. Most of these exceptions are premised on a fundamental human rights justification, such as freedom of speech or freedom of the press, or the right to access protected works without discrimination on grounds of disability. These include, for instance, reproduction by the press for the reporting of current events, quotations for criticism or review, and uses for the purpose of caricature, parody, or pastiche. They also include exceptions and limitations available to persons who are blind, visually impaired, or otherwise print-disabled. Although these exceptions and limitations are express manifestations of fundamental human rights, their scope remains relatively narrow and their legal nature and status against contractual overridability is not settled. Indeed, the permissibility of the relevant activities is subject to a number of internal limitations that may not work well in light of modern uses of materials in the online context. These include purpose limitations, such as the requirement that some uses ought to be non-commercial, scope limits (e.g. the doctrinal requirement that parodies have to be an expression of humour and mockery to be lawful), or restrictive principles that are inherent within copyright, like attribution to the source of the original work.

The New Unified Civil and Commercial Code and Cultural Heritage Protection in Argentina

2017 ◽  
Vol 24 (1) ◽  
pp. 79-99
Author(s):  
María Luz Endere ◽  
Lucía Carolina Colombato
Keyword(s):  
Cultural Heritage ◽  
Private Property ◽  
Indigenous Communities ◽  
Cultural Property ◽  
The Public ◽  
Public Property ◽  
Commercial Code ◽  
Paleontological Heritage ◽  
Recent Reform ◽  
Regulatory Powers

Abstract:The recent reform of the Unified National Civil and Commercial Code will bring about significant changes in the Argentine legal system. The aim of this article is to analyze their impact in relation to the area of cultural heritage, especially in regard to the public property status of archaeological and paleontological heritage. Changes adopted—in contrast to those proposed, which referred to the issues related to indigenous communities and the protection of collective rights—are also discussed. The latter is the most innovative aspect of the reform since it involves a change of approach regarding private property and strengthens the regulatory powers of the state over private property, which might be applied to the protection of cultural property.

scholarly journals The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences

2020 ◽  
Vol 15 (12) ◽  
pp. 57-64
Author(s):  
O. V. Pankova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Administrative Law ◽  
International Treaties ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

scholarly journals Fund Collection through Litigation by the State Treasury in the Roman Empire (with Special Reference to the First Three Centuries A.D.)

2012 ◽  
Vol 2 ◽  
pp. 27-44
Author(s):  
Marzena Dyjakowska
Keyword(s):  
Roman Empire ◽  
Special Reference ◽  
Private Property ◽  
The State ◽  
Ancient Rome ◽  
Guilty Plea ◽  
The Public ◽  
Public Property

The paper discusses the confiscation of property (publicatio bonorum) as a source of revenue for the fiscus in ancient Rome. The term fiscus means, among other things, the public property, State funds, but also the private property of emperors. The confiscated property could be adjudged not only to aerarium – the State Treasury (publicare), but also to the personal treasury of emperors, and trials seem to have been inspired to supply it. The most „successful” accusation was connected with the crime of lese-majesty: the scope of this crime was especially wide and it was easy to convict the defendant. The Senate often voted for adjudgement of the confiscated property in respect of the Emperor, especially if the convict had received some benefits from him. This practice turned into a rule and the Emperor’s treasury became the sole beneficiary of publicatio bonorum. Some emperors are especially known as rulers accumulating their private property on confiscated goods (Caligula, Septimius Severus, Domitian). A portion of those goods was due to the children of the defendant; some rescripts issued by the emperors even ordered to transfer his whole property in the first place to his descendants. In spite of the rule that it was necessary to find the defendant guilty to confiscate his property, the publicatio bonorum was not available; when he committed suicide before the sentence, a presumption was made that this act was equal to a guilty plea. According to another rule – confessus pro indicato est – the defendant was convicted unless his suicide was justified. The personal belongings (pannicularia) were to be confiscated, too, but only after the conviction.

scholarly journals The Case of Avoidance to Accept the Inheritance in the Existence of the Heir Creditor

Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 145-157
Keyword(s):  
Human Rights ◽  
Civil Code ◽  
The State ◽  
Research Issue ◽  
The Public ◽  
To Receive

The inheritance right is one of the basic human rights, which is protected and guaranteed by the Constitution. This fact implies that the state has certain obligations to recognize this right. The article deals with the case where the heir does not want to receive the inheritance because the testator has creditors who seek to meet the obligations left by the testator. This issue has become more frequent in recent years, as it is not yet regulated at the legislative level, so I will offer recommendations to the public. The study reveals the difficulties associated with this case of in- admissibility of the estate, when the main purpose of the heir is to avoid liability to the creditors of the testator, both by will and by law. The study discusses in each case, the inadmissibility of the entire estate, as well as the inadmissibility of part of it, as well as the case of liability to several creditors of the heir. I think the discussion of this issue will be really new for the Georgian legislation, because the Civil Code does not fully regulate this topic and it can be boldly said that the research issue will not lose its relevance in practice.

scholarly journals Ethics, intellectual property and commercialization of cultural heritage

Pravovedenie ◽  
2020 ◽  
Vol 64 (1) ◽  
pp. 93-111
Author(s):  
Harriet J. Deacon ◽  
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Intellectual Property ◽  
Public Interest ◽  
Property Law ◽  
Religious Symbol ◽  
Trademark Law ◽  
The Public ◽  
Religious Symbols

The Sámi are an indigenous people residing in Sápmi, a region cutting across northern Scandinavia (Norway, Finland, Sweden) and the Kola Peninsula in Northwest Russia. This article tells the story of a Sámi sun symbol on a seventeen century drum, originally from Swedish Sápmi, that was registered as a trademark by a jewellery company in Norway called “Tana Gull and Sølvsmie AS” in 2009. The mark was invalidated in 2020 because, according to the Norwegian Intellectual Property Office, the registration of a religious symbol was likely to infringe on the rights of the Sámi, whose access to their own cultural and religious symbols should be protected. The basis for the decision was a public policy exception, a provision within trademark law excluding the registration of signs “contrary to morality or public policy”, and allowing the law into account public opinion, public interest and human rights. Analysis of this case is used to shape the debate about the role of intellectual property law in addressing the problem of overcommercialization, for example by preventing cultural misappropriation. The authors suggest that the notion of blasphemy or religious offence through banal commercialization should be more broadly formulated in interpretation of the public policy exception in order to take account of cultural misappropriation. They also argue that protecting the public domain by preventing registration of important cultural and religious symbols is not sufficient to address the problem of cultural misappropriation in a commercial context. Positive protection through trademark registrations is just as important as their defensive protection.

Antiquities Trafficking

2020 ◽  
pp. 105-120
Author(s):  
Simon Mackenzie
Keyword(s):  
Private Property ◽  
Public Awareness ◽  
Narrative Structure ◽  
International Treaties ◽  
The Public ◽  
Auction Houses ◽  
Antiquities Market ◽  
Antiquities Trafficking ◽  
And Control ◽  
Current Systems

This chapter addresses antiquities trafficking in four sections: the nature and extent of the harm; the structure of antiquities trafficking (considered in terms of source, transit and demand); regulation and control; and finally a discussion about antiquities trafficking as business enterprise. The historical and economic harm of antiquities trafficking is explained, and the market is examined as grey, in that looted objects are fed into legitimate supply chains in the public marketplace. The structure and main players in the antiquities market are discussed, including looters, dealers, collectors, auction houses and museums. Current systems of regulation include international treaties, domestic property and criminal laws, self-regulatory codes, and campaigns that focus on public awareness. The final section of the chapter details the techniques of neutralisation and processes of denial that characterise the way ‘business talk’ permeates the antiquities market, providing a narrative structure of justification and excuse of harmful behaviour that focuses on the benefits of international trade, private property ownership, and entrepreneurial dealing.

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