scholarly journals The American Property Rights Institutions in the Neo-liberal Era and Its Crisis : Property Relations in the Asset-Backed Securities Market

2021 ◽  
Vol 130 ◽  
pp. 284-346
Author(s):  
Bon-Woo Koo
Keyword(s):  
Property Rights ◽  
Securities Market ◽  
Property Relations ◽  
Asset Backed Securities

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).

The implementation of the intellectual property rights of the convicts in the institutions and bodies of criminal executive system

2020 ◽  
pp. 170-176
Author(s):  
Оксана Алексеевна Владимирова
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Effective Means ◽  
Legal Aspects ◽  
Correctional Institutions ◽  
Property Relations ◽  
Patent Rights ◽  
Human Creativity ◽  
Executive System

Статья посвящена анализу организационно-правовых аспектов реализации прав интеллектуальной собственности лиц, осужденных к лишению свободы. Рассмотрен сложившийся опыт, особое внимание уделяется проблемным вопросам реализации осужденными личных неимущественных и исключительных интеллектуальных прав: связанным с приобретением права интеллектуальной собственности, затруднениям осуществления интеллектуальных прав, вызванным режимными требованиями. Творческая деятельность человека - одно из самых эффективных средств исправления, по мнению автора, поскольку именно она является высшей сознательной деятельностью. Поэтому необходимо поощрять и развивать в исправительных учреждениях данный вид деятельности, всемерно содействовать ее реализации. Предлагается создавать в исправительных учреждениях кроме уже имеющихся ресурсов специальные лаборатории, мастерские и т. п. центры для реализации творческой, в том числе научно-творческой потребности осужденных. При необходимости всячески содействовать осужденным при реализации процедуры получения патента. Кроме того, в рамках правового просвещения осужденных необходимо информировать о возможностях реализации авторского или патентного права в рамках имущественных отношений. This article is devoted to analysis of legal aspects of implementation of intellectual property rights of persons sentenced to deprivation of liberty. Abstract: the experience, a special attention is paid to the problematic issues of implementation of convicted persons of exceptional moral and intellectual rights: associated with the acquisition of intellectual property rights, difficulties in the implementation of intellectual property rights, caused by the regime requirements. Human creativity is one of the most effective means of correction, in the author's opinion, as it is the higher conscious activity. It is therefore necessary to promote and develop in correctional institutions this activity, to contribute fully to its implementation. It is proposed to establish in correctional institutions in addition to the existing resources of the special laboratories, workshops, etc. centers for the implementation of creative, including research and creative needs of prisoners. If necessary to fully support the convict in the implementation of the procedure of obtaining a patent. In addition, the legal education of prisoners should be informed about the possibilities of implementation of copyright or patent rights in the framework of property relations.

Effect of the forfaiture decision on the legal situation of the convicted spouse

2019 ◽  
Vol specjalny (XIX) ◽  
pp. 155-163
Author(s):  
Andrzej Pokora
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Criminal Code ◽  
Property Relations ◽  
Legal Instrument ◽  
Legal Situation ◽  
The Impact

The study concerns the impact of a decision on the forfaiture of objects originating from crime on the property relations of the convicted spouse. First of all, the relevant provisions of the Criminal Code governing the institution of forfaiture were analysed. Next, the effects of a judgment declaring forfeiture in the sphere of civil law are presented. n the next part of the paper there are considerations concerning the impact of the confiscation decision on the property situation of the convicted spouse. Finally, it is indicated which legal instrument the convicted spouse can use to enforce the protection of his or her property rights

The seed and the citizen

Focaal ◽  
2014 ◽  
Vol 2014 (69) ◽  
pp. 28-44 ◽  
Author(s):  
Birgit Müller
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Property Relations ◽  
Agronomic Characteristics ◽  
Public Meetings ◽  
Inspection Agency ◽  
Cultivation Practices ◽  
Canadian Food Inspection Agency ◽  
Set Up

While farmers set up conditions for the development of plants, the seeds they help grow into plants determine conditions for the farmers. Modern plants not only have agronomic characteristics but also intellectual property rights, phytosanitary regulations, and classifications attached to them. Interacting with their seeds creates fields of property and power, situations of possibility and impossibility, in which farmers and breeders operate. The biosocial networks from which seeds emerge are animated by bureaucratic measures, property relations, and research and cultivation practices that I will explore in action. Seeds not only become what they are in multifarious networks of natural, cultural, and political agencies, but their emergence and coevolution with humans is ruptured through deregistration, persecution, confiscation, and destruction of proprietary seeds. This article will take the reader from the fields of farmers in Saskatchewan to seed breeders in Saskatoon and ultimately to public meetings organized by the Canadian Food Inspection Agency in Ottawa.

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 Securities Custody Services: International Experience

2021 ◽  
Vol 8 (2) ◽  
pp. 131-141
Author(s):  
Violetta I. Roshylo
Keyword(s):  
Property Rights ◽  
Institutional Development ◽  
International Experience ◽  
Securities Market ◽  
Financial Resources ◽  
Securities Markets ◽  
Institutional Barriers ◽  
Market Participants ◽  
Inductive Methods ◽  
Decentralised System

The relevance of the study is explained by the underdevelopment of the securities market in Ukraine, which barely started establishing the institutions and mechanisms of a market economy. Ukraine has a decentralised system of depository services, which hinders the development of the stock market, because the decentralised system of accounting for rights to securities complicates the procedure of transactions and increases risks. The purpose of the study was to investigate the international experience of securities depository in the rapidly expanding securities markets, especially in Eastern Europe and Asia, their technology, identifying their new functionality and dominant models of their architecture in the context of regulation, interaction of market participants and protection of their property rights. The main methods of study of international experience in the provision of securities custody services were empirical, analytical, and inductive methods, which together allowed describing the systems of securities circulation in different countries, analysing them to identify common features that are important for their implementation in Ukraine for integration into the global system of redistribution of financial resources. The study considered various securities storage systems, national depository systems, covered the features of national mechanisms of interconnection of all participants in the securities market, identified conceptual problems of securities market organisation in Ukraine, substantiated the need to adapt international experience for institutional development of the national depository system of Ukraine. The materials of the study have practical value for the development of the depository system in Ukraine as a basis for the functioning of the securities market, compatible with technological international depository systems in full functionality, which guarantees investors' property rights and enables Ukraine to become a full-fledged redistributor of global financial resources and, accordingly, to attract investments for economic development pursuant to international rules and standards of “transparent” functioning of securities markets, thus putting institutional barriers to corruption influences. The comparative analysis of depository systems of different countries allowed covering weaknesses in the existing depository system of Ukraine, outlining the conceptual approaches to legislative and organisational actions on its development

Make Way for Women: Philosophical Adaptation of Confucian Property Practices

2020 ◽  
Vol 8 (2) ◽  
pp. 323-341
Author(s):  
Gordon B. Mower
Keyword(s):  
Property Rights ◽  
Social Problems ◽  
Structural Barriers ◽  
The West ◽  
Property Ownership ◽  
Property Relations ◽  
Individualized Approach ◽  
The Individual ◽  
Property Regimes

Abstract Women struggling for recognition encounter an important difficulty in structural barriers to property ownership. In this paper, I propose to investigate the possibility of a roughly Confucian conception of property that both eschews the liberal property rights conception and provides more space for women than has been allowed in traditional Confucian property schemes. Western property regimes also failed to provide women with adequate access to property, but this was corrected in a manner in keeping with the Western fixation on the individual. Important social problems arose in connection with the Western individualized approach to property relations. The traditional Confucian approach managed to avoid the Western problems, but, as in the West, it failed to provide women with sufficient access to property. I argue here that Confucianism is adequately supplied to correct this deficiency through two routes: one ritual-based and one canon-based.

Multiple Embeddedness and Systemic Implications: Struggles over Natural Resources in Minangkabau since the Reformasi

2010 ◽  
Vol 38 (2) ◽  
pp. 172-186 ◽  
Author(s):  
Franz von Benda-Beckmann ◽  
Keebet von Benda-Beckmann
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Power Relations ◽  
Social Organisation ◽  
Property Relations ◽  
The Third ◽  
West Sumatra

AbstractThis article deals with struggles over natural resources in West Sumatra, the homeland of the Minangkabau after the end of the Suharto regime in 1998. In these processes, actors often follow ambiguous strategies in pursuing their interests. We argue that these ambiguities to a large extent derive from a combination of factors: One is the multiple embeddedness of property rights at different layers of social organisations, in particular in social and general legal relationships. The second is the systemic implication of property rights in other domains of social organisation, for instance, authority and power relations. The third is the specific complexity and concomitant legal insecurity within plural legal orders. Actors who draw on rules from different legal orders — for designing regulations, for validating transactions, and for making decisions in disputes — have to deal with the problem that property relations are embedded differently in different legal orders and have different logics and systemic implications. This often leads actors to a strange combination of highly legalistic reasoning and a very pragmatic search for solutions.

Property Rights, Redevelopment Areas, and Toronto Ratepayer Associations in the 1950s

2017 ◽  
Vol 45 (2) ◽  
pp. 279-299 ◽  
Author(s):  
Paul M. Hess ◽  
Robert Lewis
Keyword(s):  
Property Rights ◽  
Case Studies ◽  
Private Property ◽  
Local Property ◽  
Appropriate Use ◽  
Urban Social Movements ◽  
Property Relations ◽  
Public Purpose ◽  
The 1950S ◽  
The City

In the 1950s, Toronto ratepayer associations inserted themselves into debates about property relations and the appropriate use of the City’s new redevelopment authority as then being tested by elected officials and developers. Two case studies are presented: a designated redevelopment area where the City failed to close a deal with development firms, and a request, ultimately denied, by a developer group to to have the City establish another area to acquire the properties they had failed to. In both cases, ratepayer associations did not question City expropriation of private property if done for a sufficiently public purpose but argued vehemently against City expropriation of land from one set of private owners to benefit another. Although it is not possible to fully know the effect ratepayer associations had on these failed attempts of using redevelopment authority, they should be seen as urban social movements organized to protect local property rights from developers and a new interventionist local state.

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