scholarly journals The History of Development of Land Registration and Ownership Rights in Kosovo, Legal Challenges During the Years 1912-2014

2014 ◽  
Vol 4 (1) ◽  
pp. 235
Author(s):  
LL.M. Blerta Rudi

Knowing that the registration of ownership rights is very important institute for legal and economic system of Kosovo, for its constitutive effect in gaining of ownership rights, protection of property rights of the owner and which enables effective management of the land, in order to understand its development, is necessary to turn back to history.Regarding to this, Kosovo is not known for an early origin and consolidated system of land registration until Twentieth Century; even afterwards, its development was influenced by many socio-economic and political factors.The review of the historical development of land records deserves a detailed study in Kosovo due to its complexity through the years, so in order to understand more accurately the footsteps of regimes, it is necessary to examine periods until 1912, 1912-1999 and 1999 till now days, because the elaboration of normative acts that arranged registration over the years, enable the readers to create a clear overview related to advances and characteristics of each stage of its development,therefore the differences and similiarities can be noticed clearly through descriptive and comparison method.Especially postwar period is characterized by major advances and essential changes as: Approval of Constitution and abrogation of old system. These changes contained fairly challenges, but important is that the situation normalized and is moving towards positive trends of legislative development.Actually, in Kosovo, property rights are receiving deserved attention, but it is somewhat worrying the emphasizing lack of the review of the registration, reason that encouraged me to elaborate this topic in order to gain more knowledge about the institute of registration system and complexities that accompanies it.

Author(s):  
Peter Dale ◽  
John McLaughlin

Land registration systems provide the means for recognizing formalized property rights, and for regulating the character and transfer of these rights. Registries document certain interests in the land, including information about the nature and spatial extent of these interests and the names of the individuals to whom these interests relate. They also normally record charges and liens, that is rights to retain property against debts as in the case of mortgages, although in some systems these are held in separate registries. In addition, land registries provide documentary evidence that is necessary for resolving property disputes as well as information for a wide variety of public functions (such as land valuation). There are at least three basic types of land registration system: (i) private conveyancing; (ii) registration of deeds; and (iii) registration of title. Under a private conveyancing system, land transactions are handled by private arrangement. Interests in land are transferred by the signing, sealing, and delivery of documents between private individuals with no direct public notice, record, or supervision. The pertinent documents are held either by the individuals to a transaction or by an intermediary such as a notary. In such a system, the state has little control over the registration process (save for regulating the intermediaries) and there is little if any security for errors or fraud. Also, private conveyancing systems are invariably slow and expensive. Despite these serious limitations, notarial versions of private conveyancing are still found in many parts of Latin America. Under a system of registration of deeds, a public repository is provided for registering documents associated with property transactions (deeds, mortgages, plans of survey, etc.). There are three basic elements in deeds registration: the logging of the time of entry of a property document; the indexing of the instrument; and the archiving of the document or a copy thereof. While there are many types of deed registration system, they are all based on three core principles (Nichols 1993): 1. Security-registration of a document in a public office provides some measure of security against loss, destruction, or fraud.


2011 ◽  
Vol 8 (2) ◽  
pp. 163-187
Author(s):  
Kentaro Matsubara

This paper explores the relationship between local lineage social structure and the workings of tax registration in Qing China, through a case study providing documentary evidence of a level of precision that enables us to go beyond the findings of previous scholarship. In the first instance, it reconstructs a tax dispute where implications of the registration system come into play, based on rare records made by the taxpayers themselves. In doing so, it shows that (a) the registered “acreage” of land was in fact unrelated to any actual land whatsoever; (b) tax collection ceased to be able to rely on knowledge of the terrain and had to depend on knowing the social groups that could be held responsible for payment, while the cohesion and internal differentiation of these social groups was (in turn) underpinned by tax collection and registration; and (c) since the registration system did not permit the government to keep track of actual landholding, property rights had to be secured at the local community level. In conclusion, an attempt is made to speculate on the extent to which this specific case contributes to our knowledge of local social structure, the interactions between localities and the government, and the property regime of Qing China overall.


2019 ◽  
Vol 2 (1) ◽  
pp. 462
Author(s):  
Emerlanda Leticia ◽  
Hasni Hasni

The certificate is a proof of ownership that is strong, this certificate comes from land rights which are the right to use and exploit the land which it occupies. Rights to land are also divided into Property Rights, Cultivation Rights, Building Use Rights, Use Rights, Rental Rights for Buildings, Use Rights and Temporary Land Rights. In this case the author will only explain the ownership rights related to legal issues, namely the right of ownership. Property rights are the strongest and most complete rights that humans can have. This right is obtained based on land registration. Own land registration is carried out by the authorized party, namely the National Land Agency. But in this case on the island of Pari, the certificate was declared maladministration by the ORI which caused the author to write about the validity of the certificate of land ownership based on law. With the formulation of the problem, how is the validity of the Certificate of Property Ownership according to uupa and Government Regulation Number 24 of 1997 related to the statement of maladministration by the ORI? and What are the legal consequences for certificate holders due to the administrative maladministration? By using explanatory research methods. In this case the researcher gets the result that in the process of land registration the measurement process is not carried out which is one of the requirements to obtain physical data and there is no announcements must be made because to provide an opportunity to file an objection.


2005 ◽  
Vol 24 (1) ◽  
pp. 7-23 ◽  
Author(s):  
Terrence H. Witkowski

Antiglobalization critics have accused marketing in developing countries of undermining local cultures, placing intellectual property rights ahead of human rights, contributing to unhealthy dietary patterns and unsafe food technologies, and promoting unsustainable consumption. Following a brief review of the history of development theory and practice, the author describes these four challenges and presents rebuttals, drawing from the philosophy of marketing. Subsequent sections explore some areas of similarity between antiglobal and marketing thought, as well as some further ideological differences.


2004 ◽  
Vol 76 (9) ◽  
pp. 294-305
Author(s):  
Branko Petrić

The author shows that four periods may be identified within the history of development of Serbia judiciary in the early XIX century: period of the First Serbian Uprising (1804-1813); time of Turkish reoccupation (1813-1815) period of Duke Miloš Obrenović's first reign (1815-1839); and the period between 1840-1850. With full obedience of historical facts, the article identifies the first magistrates and their competences, legal resources evidences used in criminal and civil procedure, kinds of criminal acts and penalties, civil and property rights and certainty.


Author(s):  
Tiago NUNES ◽  
Miguel COUTINHO

After almost a century of several attempts to establish a coherent land registration system across the whole country, in 2017 the Portuguese government decided to try a new, digital native approach to the problem. Thus, a web-based platform was created, where property owners from 10 pilot municipalities could manually identify their lands’ properties using a map based on satellite images. After the first month of submissions, it became clear that at the current daily rate, it would take years to achieve the goal of 100% rural property identification across just the 10 municipalities. Field research during the first month after launch enabled us to understand landowners’ relationships with their land, map their struggles with the platform, and prototype ways to improve the whole service. Understanding that these improvements would still not be enough to get to the necessary daily rate, we designed, tested and validated an algorithm that allows us to identify a rural property shape and location without coordinates. Today, we are able to help both Government and landowners identify a rural property location with the click of a button.


Author(s):  
Sara Lorenzini

In the Cold War, “development” was a catchphrase that came to signify progress, modernity, and economic growth. Development aid was closely aligned with the security concerns of the great powers, for whom infrastructure and development projects were ideological tools for conquering hearts and minds around the globe, from Europe and Africa to Asia and Latin America. This book provides a global history of development, drawing on a wealth of archival evidence to offer a panoramic and multifaceted portrait of a Cold War phenomenon that transformed the modern world. Taking readers from the aftermath of the Second World War to the tearing down of the Berlin Wall, the book shows how development projects altered local realities, transnational interactions, and even ideas about development itself. The book shines new light on the international organizations behind these projects—examining their strategies and priorities and assessing the actual results on the ground—and it also gives voice to the recipients of development aid. It shows how the Cold War shaped the global ambitions of development on both sides of the Iron Curtain, and how international organizations promoted an unrealistically harmonious vision of development that did not reflect local and international differences. The book presents a global perspective on Cold War development, demonstrating how its impacts are still being felt today.


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