scholarly journals ‘DEEDS RECORDATION’ ‘TITLE REGISTRATION’. ROZWIąZANIA MODELOWE W ZAKRESIE REJESTRóW NIERUCHOMOŚCI W SYSTEMIE ‘COMMON LAW’

2016 ◽  
Vol 13 (4) ◽  
pp. 53 ◽  
Author(s):  
Paweł Blajer
Keyword(s):  
Common Law ◽  
Registration System ◽  
Land Registration ◽  
Advantages And Disadvantages ◽  
Current State ◽  
Registry System ◽  
The Us ◽  
Title Registration ◽  
The Common ◽  
The Republic

DEEDS REGISTRATION AND TITLE REGISTRATION: MODEL SOLUTIONS CONCERNING LAND REGISTRIES IN THE COMMON LAW SYSTEMSummary The aim of this article is to present the two main land registration models in the common law countries, i.e. deeds recordation and title registration, taking into account the broader historical perspective indicating their origins, evolution and developments, as well as the current state of legal regulations in the field of registration of interest in land. The system of deeds recordation is characterized on the basis of regulations adopted in the vast majority of the US states, whereas the title registration model is presented against the background of the Torrens system, the origins of which date back to 19th-century Australian legislation. From Australia this particular land registration system spread to other continents. A comparison is carried out of the two systems, taking into account their advantages and disadvantages, and the reasons for the global success of the title registration model are indicated. On the grounds of the regulations adopted in Scotland and the Republic of South Africa the author makes also an attempt to characterize the mixed systems, which are generally based on the deeds recordation model but emploi some solutions typical for the title registration system. Concluding the article, the author tries to indicate the particular characteristics of title registration model which could be a source of inspiration for the potential optimization of the Polish land registry system.

scholarly journals Title Problems Concerning Unregistered and Unregisterable Interests in Oil and Gas Properties

1971 ◽  
Vol 9 (3) ◽  
pp. 559
Author(s):  
Peter G. Schmidt ◽  
William H. Bonney
Keyword(s):  
Oil And Gas ◽  
Common Law ◽  
Supreme Court Of Canada ◽  
Registration System ◽  
The Supreme Court ◽  
Title Registration ◽  
Bona Fide ◽  
The Common ◽  
Land Titles ◽  
Gas Properties

Sir Robert Torrens in developing the Torrens System of Land Titles sought to devise title registration system which would be reliable, simple, cheap, speedy and suited to the needs of the community. In general, the Land Titles Acts of the Provinces of Alberta and Saskatchewan achieve these objectives with respect to ordinary conveyancing matters, but the defects of the said Acts are manifest with respect to problems involved in conveying oil and gas properties and interests therein. One aspect of the problem is the fact that Crown mines and minerals are not under the Land Titles Acts, and as such, an operator must look to the common law and to the legislation under which he acquired the interests to resolve title problems with respect to such oil and gas interests. The first part of this article deals with title problems with respect to Crown mines and minerals; the second part deals with title pro blems with respect to freehold mines and minerals under the Land Titles Acts. For the oil and gas lawyer who is of the opinion that the common law concept of bona fide purchaser of the legal estate for value and without 'notice defeating all equities and the shadowy equities of fraud and fear are proper subjects for the student of legal history, this article points out that these rules are very much alive with respect to Crown mines and min erals, and further points out that if the Supreme Court of Canada follows the Crystallization as opposed to the Registration Theory, as to the effect of caveat, the said rules will be very much alive with respect to freehold mines and minerals.

Cognitive Interview

2018 ◽  
Vol 299 ◽  
pp. 91-98
Author(s):  
Maria Witewska ◽  
Keyword(s):  
Law Enforcement ◽  
Common Law ◽  
Cognitive Interview ◽  
Western Countries ◽  
Advantages And Disadvantages ◽  
The Common ◽  
Polish Law ◽  
Judicial Systems

The article aims at presenting the topic of cognitive interview (CI) taking into account its advantages and disadvantages, as well as the usefulness of its application in Polish law enforcement during pre-trial proceedings. Due to the wide application of this method of questioning, mainly in countries with the common law judicial systems, it is worth considering which of the achievements of combined science and practice from Western Countries may be adapted in Poland. Are there any contraindications to conduct interviews by means of this method? If not, the question arises – what benefits it can bring to Polish practice.

The Republic of Bees

2019 ◽  
pp. 77-126
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
The United States ◽  
State Constitutions ◽  
System A ◽  
The Social ◽  
American Law ◽  
The Common ◽  
The Republic ◽  
Law Of Evidence

This chapter details changes in American law from the eighteenth century onward, covering federal and state constitutions, judges, organization of courts, and civil procedure, and the law of evidence. The colonies declared themselves independent in 1776. However, American law continued to borrow from English law. English doctrines that were needed and appropriate were welcome. Between 1776, and the middle of the nineteenth century, there developed a true republic of bees; their flowers were the social and economic institutions that grew up in the United States. American conditions and ideas were the lawmakers that made American law a distinctive system: a separate language within the common-law family.

scholarly journals When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana

Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 416
Author(s):  
David Asante Edwin ◽  
Evam Kofi Glover ◽  
Edinam K. Glover
Keyword(s):  
Land Tenure ◽  
Research Question ◽  
Land Ownership ◽  
Registration System ◽  
Land Registration ◽  
Tenure System ◽  
Title Registration ◽  
Land Tenure System ◽  
Customary Land ◽  
And Control

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.

Surrender to the inevitable?

1999 ◽  
Vol 58 (1) ◽  
pp. 1-48
Author(s):  
Louise Tee
Keyword(s):  
Common Law ◽  
Pragmatic Approach ◽  
Trust Mechanism ◽  
Land Registration ◽  
Land Transfer ◽  
Adverse Possession ◽  
The Common ◽  
The Times ◽  
The One ◽  
Substantive Law

ADVERSE possession and registered land are unlikely bedfellows–the one originating in the common law idea that a freehold estate results from possession and the other premised upon registration validating title. Indeed, when registration of title was introduced into England and Wales in the nineteenth century, acquisition of title to registered land by adverse possession was prohibited–see section 21 of the Land Transfer Act 1875. However, a more pragmatic approach then ensued, and the Land Registration Act 1925, s. 75, expansively provided that the Limitation Acts should apply to registered land in the same manner and to the same extent as those Acts applied to unregistered land. But technically, of course, this was impossible, and the section detailed a special trust mechanism for registered land alone. Section 75 thus clearly illustrates the inherent difficulties in trying to retain the substantive law of unregistered land within a registered context. Tensions are inevitable, because of the very different conceptual bases of the two systems. In Central London Commercial Estates Ltd. v. Kato Kagaku Ltd., The Times, 27 July 1998, Sedley J. was directly faced with such tension, as he strove to determine the effect of section 75.

The Common Law in Lesotho

1969 ◽  
Vol 13 (3) ◽  
pp. 127-144
Author(s):  
Sebastian Poulter
Keyword(s):  
South Africa ◽  
East Africa ◽  
Southern Africa ◽  
Legal System ◽  
Common Law ◽  
The Subject ◽  
The Common ◽  
English Law ◽  
The Republic

Whereas the reception and operation of English law in West and East Africa have been the subject of much study over the last few years, the introduction and application of Roman-Dutch law in Southern Africa (apart from South Africa itself) have received scant treatment.1 This article deals only with the position in Lesotho and attempts to show the extent to which Lesotho's legal system is tied to that of the Republic of South Africa, and thus strengthens the geographical and economic bonds which link the two countries.

Criminalistic Registration: Features and Prospects for Developing Kazakh and Foreign Practices

2019 ◽  
Vol 9 (5) ◽  
pp. 1759
Author(s):  
Gulnur Khasenovna SADYRBEKOVA
Keyword(s):  
Information Technologies ◽  
Evidence Base ◽  
Legal Framework ◽  
Historical Background ◽  
Registration System ◽  
Registration Data ◽  
Current State ◽  
Information Interaction ◽  
Legal Foundations ◽  
The Republic

This article examines the features of criminalistic registration in the Republic of Kazakhstan. Criminalistic activities play a significant role in fighting against crime and aim to uncover and investigate offences, to create the evidence base which is necessary for exposing and convicting criminals. Criminalistic registration is an integral part of these activities and their informational component, the use of which is fundamental for successful crime investigation in modern conditions. The article aims to analyze the current state of criminalistic registration in the Republic of Kazakhstan, to study foreign experience and present prospects for the formation and use of criminalistic registration data. The author of the article searches historical background of the modern criminalistic registration system, its organization and legal framework in the Republic of Kazakhstan, the global experience of combining and using different information databases to investigate crimes, assess the possibilities of advanced information technologies and international information bases to fight against crimes. As a result, the author has evaluated the criminalistic registration in Kazakhstan, its organizational and legal foundations, and prospects for its further development. The article suggests creating unified information system at the global level which will provide more opportunities for the use of forensic information. The novelty of the article lies in the fact that it proposes ways of international information interaction in order to fight against crime based on a deep analysis of the global use of forensic information bases.

scholarly journals Impact of the Constitution's Normative Framework on the Interpretation of Provisions of the Companies Act 71 of 2008

2019 ◽  
Vol 22 ◽  
pp. 1-24
Author(s):  
Christa Rautenbach ◽  
Brighton M Mupangavanhu
Keyword(s):  
Common Law ◽  
Social Science Research ◽  
Science Research ◽  
Company Law ◽  
Bill Of Rights ◽  
Commercial Law ◽  
Normative Framework ◽  
The Common ◽  
Research Questions ◽  
The Republic

Given the intention of section 7(a) of the Companies Act 71 of 2008 (the Act) to promote compliance with the Bill of Rights in the interpretation and application of company law in SA, this article assesses the extent to which the Act actually does this. The article thus seeks to showcase evidence of the Act's intentional alignment with the normative framework of the Constitution of the Republic of South Africa, 1996 (the Constitution). The paper does this by answering the question: what are the implications of the Constitution's normative framework on the interpretation and application of the Act? The term "normative framework" is defined, and a distinction is drawn between the descriptive and explanatory social science research questions and the legal research questions which are evaluative and normative in nature. The article provides examples of the contexts in which the intentional alignment of the Act with the Constitution's normative framework is evident. To this extent, commentary is made on the following selected issues: remedies to facilitate the realisation and enjoyment of rights established by company law; the direct and indirect horizontal application of the Bill of Rights to provisions of the Act; and a discernible court's duty to develop the common law as necessary to improve the realisation of the rights established by the Act. A point is made in the article that judicial decisions involving the application of company law must be justified by reference to a cohesive set of values from the Bill of Rights. This is part of transformative constitutionalism. It demands that even commercial law principles should no longer be blindly accepted simply because precedent says so, or for the reason that it is expedient for the purposes of commercial certainty. The article argues that the Act permits the direct horizontal application of the Bill of Rights on its provisions in two stated ways. It is also argued that the Act permits the indirect application of the Bill of Rights through the development of the common law where it is deficient in promoting the spirit, purport and objects of the Bill of Rights. The development of the common law, it is argued, is vital for producing an incremental and cohesive body of constitutionalised common law in the company law context.

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