scholarly journals A missing person as a copyright holder

2021 ◽  
Author(s):  
Ewa Lewandowska
Keyword(s):  
Property Rights ◽  
Moral Rights ◽  
Copyright Holder ◽  
Personal Rights ◽  
The Face ◽  
The Subject ◽  
The Law ◽  
The Moment ◽  
Moral Economic ◽  
A Minor

The disappearance of people is a phenomenon that requires in-depth multi-faceted analysis. The law does not regulate the situation of a missing person between their disappearance and being declared dead. During this time, in the understanding of the law, a missing person remains an entity that can dispose of their property rights and personal rights, but because of the disappearance people are unable to do that, so his/her rights are exposed to be lost or unlawfully used by other persons. As a result, many doubts must be faced by people close to the missing person. This work discusses the copyrights of the missing person, its execution and protection in the time between the disappearance and declaring the person dead. As an introduction, the subject of copyright (work) is discussed and the division of copyright into moral rights and property rights is indicated. Next, the paper presents the possible ways of proceeding in the event of a disappearance, including a minor, spouse, and co-creator. The possibility of appointing a custodian and submitting a request to a prosecutor is indicated, and an analogous application of provisions in the event of death is proposed. Moreover, a situation where an action to protect moral/economic copyrights has been brought before a person missing (the proceedings are pending) is noted. Finally, the consequences of declaring a missing person to be dead are discussed. Based on the considerations carried out, it can be concluded that there is no single appropriate legal solution in a situation where there is a need to exercise and protect the personal/economic copyrights of a missing person. The proposed solutions of proceeding in the missing person case are not specifically designed in the event of a disappearance, and their application is not established in practice. It seems that the court should recognize the need to protect the interests of the missing person and allow the proceedings to be conducted when referring to one of the proposed solutions. Adaptation of the indicated solutions, in the face of the forced inactivity of the missing person, should guarantee the protection of his/her rights. De lege ferenda, it is worth considering the general regulation of a person’s situation from the moment of his/her disappearance until he/she is declared dead. This could be done by introducing a provision providing for the possibility of appointing a custodian to handle the missing person’s affairs.

scholarly journals The Property Rights of the Author according to the Law on Copyright and Related Rights of the Republic of Kosovo

2015 ◽  
Vol 5 (2) ◽  
pp. 229 ◽  
Author(s):  
MSc. Vlorë Bekteshi
Keyword(s):  
Property Rights ◽  
Moral Rights ◽  
The European Union ◽  
Personal Rights ◽  
Comparative Aspect ◽  
Long Time ◽  
The Creation ◽  
The Law ◽  
The Republic ◽  
The Right

Copyright, for a long time has not been regulated or protected at the desired level. The right on intellectual property, as a right of a particular kind and as the right of non-material property, is of particular importance for the contemporary reality.The copyright, in its content, enjoys the rights of personal and property nature. The natural rights, for a long time, have been characterized as very personal rights that relate to the creator of the work itself. This has probably been because in the early times it was impossible the multiplication of the author's work because the handwriting of the work has been a rare process and difficult. Later, with the invention of the typing machine, it was noticed that the works can be easily multiplied, as such came the need to protect the authors and their rights by providing to the authors reward in the case when their work is violated.Property rights are inseparable rights for the authors, which often serve also as stimulus for the creation of new works, but also provide reward for the effort given on the creation of the work.Law on Copyright of theRepublicofKosovois in accordance with the rules of the European Union, but the judicial practice is not in accordance with the Law. This happens because in the reality, the property rights and the moral rights are subject to violations, and as a result is violated even one of the primary and contemporary goals: the law should serve as an incentive for the authors to write and on the other side to satisfy the public with the scientific works.As such, the research objective of this paper is to present the property rights of copyright, the basics of the transfer of these rights, studied also at the comparative aspect.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

A Legal Ethnography

2011 ◽  
Author(s):  
Colin Dayan
Keyword(s):  
Civil War ◽  
Property Rights ◽  
Personal Identity ◽  
The South ◽  
Legal Fiction ◽  
Personal Rights ◽  
Peculiar Form ◽  
The Law

This chapter examines how judges determined the character of slaves. In the South, the adaptation of Lockean notions of personal identity to slaves was inextricably bound up with the understanding of person as a forensic term and the kind of legal incapacity and nonrecognition that signaled negative personhood. Thomas Morris in Southern Slavery and the Law: 1619–1860 argues that the most crucial legal fiction was that “the slave was an object of property rights, he or she was a ‘thing’.” However, what most occupied the thoughts of lawyers and judges in cases about personal rights in the courts of Virginia on the eve of the civil war was not to affirm the slave as property, but to articulate the personhood of slaves in such a way that it was disfigured, not erased. Slave law depended on this juridical diminution. The peculiar form impairment took and the transformations that ensued gave new meaning to degradation.

scholarly journals The testimony of a minor: when does a procedural truth correspond to a historical truth? / La testimonianza del minore: quando una verità processuale corrisponde ad una verità storica? / El testimonio del menor: ¿cuándo una verdad procesal corresponde a una verdad histórica?

2019 ◽  
Author(s):  
Luisa Marra
Keyword(s):  
Child Abuse ◽  
Complex Phenomenon ◽  
Psychological Violence ◽  
Criminal Trials ◽  
The Subject ◽  
The Moment ◽  
Historical Truth ◽  
A Minor ◽  
Current Code

The child abuse in its various forms, physical, sexual and psychological violence, is a complex phenomenon, potentially able to alter not only the natural development of the subject abused, but also his ability to relate to others. This paper aims to point out the way that the child has to take from the moment he decided to take over being a victim of abuse at the time when it is called to testify about the abuse right away, with all the difficulties that this witness implies, not only for the child himself, but also for those who are called upon to decide and rule on the quality of that testimony. The art. 196 of the current Code of Criminal Procedure recognizes everyone the ability to testify, then, including minors. Nothing therefore prevents the operators from taking information from a child in criminal trials. Moreover, investigators have wide discretion not only "if" hearing the minor, but also on the methods to do it. This entails serious risks on the authenticity of the evidential result: mnestic lability, suggestibility, tendency to pander to the interlocutor's expectations, all of which are typical factors of the minor that can compromise the correct reconstruction of the facts.  RiassuntoL’abuso dell’infanzia, nelle sue diverse forme, fisica, sessuale e psicologica, è un fenomeno complesso, potenzialmente in grado di alterare non solo il naturale sviluppo del soggetto abusato, ma anche la sua capacità di rapportarsi agli altri. Il presente lavoro mira a sottolineare il cammino che il minore si trova a dover compiere dal momento in cui decide di rilevare il suo essere vittima di abuso al momento in cui è chiamato a testimoniare circa l’abuso subito, con tutte le difficoltà che tale testimonianza implica, non solo per il minore stesso, ma anche per coloro che sono chiamati a decidere e pronunciarsi sulla qualità di tale testimonianza. Il vigente codice di procedura penale all’art. 196 riconosce a chiunque la capacità di testimoniare, inclusi dunque i minori. Nulla vieta perciò, agli operatori, di assumere informazioni dal minore nell’ambito del procedimento penale. Per di più gli investigatori godono di ampia discrezionalità non solo sul “se” sentire il minore, ma anche sulle modalità di questa audizione. Ciò comporta seri rischi sulla genuinità del risultato probatorio: labilità mnestica, suggestionabilità, tendenza ad assecondare le aspettative dell’interlocutore, che sono tutti fattori tipici del soggetto minorenne che possono compromettere la corretta ricostruzione dei fatti.  ResumenEl maltrato infantil, en sus diversas formas, física, sexual y psicológica, es un fenómeno complejo, potencialmente capaz de alterar no sólo el desarrollo natural del sujeto maltratado, sino también su capacidad de relacionarse con los demás. El presente trabajo pretende subrayar el camino que el niño debe recorrer desde el momento en que decide detectar su condición de víctima de abuso hasta el momento en que es llamado a testificar sobre el abuso sufrido, con todas las dificultades que este testimonio implica, no sólo para el propio niño, sino también para aquellos que están llamados a decidir y pronunciarse sobre la calidad de este testimonio. El actual Código de Procedimiento Penal, en su artículo 196, reconoce la capacidad de toda persona para testificar, incluidos los menores de edad. Por lo tanto, no hay nada que impida a los operadores obtener información del menor en el contexto del proceso penal. Además, los investigadores gozan de un amplio margen de discrecionalidad no sólo en cuanto al "si" de la audiencia del menor, sino también en cuanto a las modalidades de la misma. Esto conlleva graves riesgos sobre la autenticidad del resultado probatorio: discapacidad mnésica, sugestión, tendencia a cumplir con las expectativas del interlocutor, todos ellos factores propios del sujeto menor que pueden comprometer la correcta reconstrucción de los hechos.

scholarly journals Trauma from abuse, suggestibility and EMDR

2019 ◽  
Author(s):  
Francesca Romana Ficorilli
Keyword(s):  
Sexual Abuse ◽  
Traumatic Event ◽  
World Health ◽  
The Face ◽  
Bona Fide ◽  
The Subject ◽  
The Moment ◽  
Health Organization ◽  
The Individual ◽  
The Way

One of the most complete definitions of Trauma describes it as an "extreme, unsustainable and inevitable threatening experience, in the face of which the individual experiences a sense of helplessness", an event outside the range of usual human experiences, which overwhelm the normal human capacity for adaptation. A modern and current understanding of the concept of Trauma occurs with Bowlby, which places it for the first time in a "relational" context. He argues that the way people react in adverse life situations, particularly to a traumatic event, depends on the type of attachment that has been established between the child and his attachment figures (AFs). The concept of "child abuse and neglect" includes different forms of violence against children, ranging from verbal abuse to rape. Law 66 of 15 February 1996 introduced specific rules on child sexual abuse, in particular the way of listening to children in order to collect good testimony. The theory that today represents the point of reference for most research on the accuracy of memory in testimony, considers memory a "reconstructive" process, and is the result of the interaction between interpretation that is given by the subject in the coding phase, recovery of clues based on the general knowledge possessed by the subject and the context in which it is in the moment in which it must remember. Loftus' studies on false memories affirm that eye witnessing, however bona fide it may be, can be completely unreliable because there are many distortions of memory. The problem of suggestibility in memory is not so much that the momentary account can be modified, but that a distortion of the original episode of what is represented in memory of the event in question takes place, which, from that moment on, will be irreversibly modified. The therapeutic crisis support is the first phase of the therapeutic work following the abuse and has as its privileged recipients the victim and the adult who takes care of them. Currently, a trauma-focused therapy such as EMDR (Eye Movement Desensitization and Reprocessing), an evidence-based psychotherapy approach, is used, recognized by the World Health Organization (WHO) as the elective therapy for the treatment of PTSD and several psychopathologies related to traumatic events, including sexual abuse. Not only because the victims of abuse could in turn perpetrate the cycle of abuse, but also so that victimisation is not considered an unchangeable characteristic of the person.

Specific Notarial Protection of the Testator's Exclusive Rights: Kazakh and International Experience

2019 ◽  
Vol 10 (3) ◽  
pp. 770
Author(s):  
Karlygash Asilkhanovna JUMABAYEVA ◽  
Lola Furkatovna TATARINOVA ◽  
Gulnaz Tursunovna ALAYEVA ◽  
Saule Zhusupbekovna SULEIMENOVA ◽  
Danila Vladimirovich TATARINOV
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Experience ◽  
Copyright Holder ◽  
Main Function ◽  
Legal Practice ◽  
The Subject ◽  
The Republic ◽  
The Right

This study is concerned with one of the most burning issues of intellectual property rights, namely the notarial protection of the testator's exclusive rights. The article analyzes the Kazakh and international experience in solving this issue. In the course of the study, the authors obtained the following results: - In legal practice, the non-acceptance of inheritance and refusal to inherit exclusive rights have their specific features; - It is proposed to supplement the existing civil legislation on the protection of the testator's copyrights. ‘Kazakhstan Authors' Society’ conducts its activities in the territory of the Republic of Kazakhstan. Its main function is to manage the property rights of authors. This management includes the issuance of permits to use deliverables on behalf of authors, as well as the collection, distribution and payment of royalties. It has been established that a notary has the right to apply to ‘Kazakhstan Authors' Society’ to determine one's authorship. The authors have revealed that the current Kazakh legislation does not state the creation time of some deliverable and does not provide for the notarial certification of a web page (in case of copyright infringement). Thus, a notary takes measures to protect the intellectual property rights owned by the copyright holder that might become the subject of succession.

scholarly journals Problematyka prawa do grobu w kontekście dóbr osobistych

2019 ◽  
pp. 19-33
Author(s):  
Anna Chodorowska ◽  
Łukasz Szumkowski
Keyword(s):  
Criminal Code ◽  
Civil Code ◽  
Wide Field ◽  
The Past ◽  
Personal Rights ◽  
Human Individual ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
Living Person

The historical feature of the protection of corpses, as well as the development of funerary tendencies, is an integral part of the functioning of our civilization, from the very beginning of time. The approach to death depends on the cultural and denominational circle as well as time. Respect for the living and the dead was in the past a separate division of civilization and thought development. Nowadays, new trends can be observed in the development of the protection of the human individual, as well as his name or reverence. In modern Polish legislation, the open catalog of personal rights (Article 23 of the Civil Code) is a wide field of interpretation in the very problem of the existence of specific goods. Undoubtedly from the provision of art. 23 k.c, it follows that this protection is due to the live unit, and thus only until its death. In modern Polish legislation, the open catalog of personal rights (Article 23 of the Civil Code) is a wide field of interpretation in the very problem of the existence of specific goods. Undoubtedly from the provision of art. 23 k.c, it follows that this protection is due to the live unit, and thus only until its death. At the moment when, according to the law, we cease to deal with a living person, and we start talking about corpses, certain rights are ceded to the closest persons, some are subject to inheritance. The right that people who are closest to someone’s death to cultivate this person according to their own conscience and religion and the contract between the entity authorized to burial and the cemetery management, as well as a number of related circumstances (on the drudge of several areas of law), will be called the right to the grave. The existence of the right to the grave belongs to arguable issues, as the liberty of the subject granting a certain sphere of possibility of proceedings, including its the scope of power. In the article, the Authors also discuss the issues related to the offense described in the art. 261 and 262 of the Polish Criminal Code. The dogmatic analysis carried out with regard to elements of a prohibited act has made it possible to establish, the scope of criminalization of these acts.

scholarly journals Whither the Crown’s interest in South Island high country land reform?

2007 ◽  
Vol 3 (4) ◽  
Author(s):  
Ann Brower
Keyword(s):  
Property Rights ◽  
Resource Use ◽  
Land Reform ◽  
The South ◽  
Ecological Protection ◽  
Relative Value ◽  
The Subject ◽  
The Law

The South Island high country has long been the subject of debate over resource use and ecological protection. Since early 2006, the ownership and relative value of property rights in high country pastoral leases have become controversial. This article reviews recent research (chiefly Brower (2006) and Brower, Monks and Meguire (in review)) on the law, politics and economics of land reform in the high country.

DRŽAVNO PRAVOBRANILAŠTVO – POLOŽAJ, ORGANIZACIJA I NADLEŽNOST

2021 ◽  
pp. 323-334
Author(s):  
Ružica Kijevčanin ◽  
Keyword(s):  
Executive Function ◽  
Property Rights ◽  
State Government ◽  
The State ◽  
Legal Representation ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Future Work

The State Attorney's Office of the Republic of Serbia was established by the Law on the Attorney General's Office as a state body whose competence is reflected in the performance of the attorney's office function. It represents one segment of the executive function of the state government, which consists in the realization and protection of property rights and interests of the state, through legal representation and counseling of the Republic of Serbia, ie its bodies and organizations. The law leaves the possibility of determining the Attorney General's Office by a sub-legal general act at the level of autonomous provinces, as well as local self-government units. It regulates in detail other key issues such as organization, competencies, control that will be the subject of analysis in future work. The study of the origin and development of this institution pointed out the great importance that belonged to it through time and different state systems. Inspired by the role it played in the state of Serbia, the author devoted himself to interpreting some aspects of this topic.

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