scholarly journals Civil Procedure: Discharge of a Social Worker Fails to Support 1343(3) Jurisdiction under Personal-Property Rights Test

1971 ◽  
Vol 1971 (3) ◽  
pp. 635
Keyword(s):  
Property Rights ◽  
Social Worker ◽  
Civil Procedure ◽  
Personal Property

scholarly journals Diálogo das fontes e soluções de antinomias na efetivação da partilha de quotas por ex-cônjuge ou ex-companheiro de sócio

2020 ◽  
pp. 96-123
Author(s):  
Lucas Salles Moreira Rocha ◽  
Tereza Cristina Monteiro Mafra
Keyword(s):  
Property Rights ◽  
Family Relationship ◽  
Limited Liability ◽  
Civil Procedure ◽  
Civil Code ◽  
Limited Liability Company ◽  
The Family ◽  
Teleological Interpretation

RESUMOO presente artigo objetiva examinar o direito patrimonial do ex-cônjuge ou ex-companheiro de sócio sobre quotas de sociedade limitada, nos casos de rompimento da relação familiar em que haja litígio quanto à divisão dos bens. A matéria atualmente gera controvérsias, pois o art. 600, parágrafo único, do Código de Processo Civil, e o art. 1.027 do Código Civil, que regulam os direitos do ex-cônjuge ou ex-companheiro de sócio nos casos de término da relação conjugal, aparentam conflitar entre si. Diante das controvérsias que permeiam o tema, buscar-se-á, pelo método exploratório, realizar interpretação sistemática e teleológica, para sugerir a aplicação da teoria do diálogo das fontes na compatibilização das normas aparentemente conflitantes.PALAVRAS-CHAVEDivórcio. Partilha de quotas. Diálogo das fontes. ABSTRACTThe purpose of this article is to examine the property rights of a member’s former spouse or partner towards the ownership interests of a limited liability company, in the event of a break in the family relationship, in which there is a dispute over de division of goods owned by the couple. The matter is currently controversial, since Articles 600, sole paragraph, of the Code of Civil Procedure, and Article 1,027 of the Civil Code, which regulate the rights of the former spouse or partner of partners in cases of termination of the conjugal relationship, appear to conflict with each other. Given the controversies that permeate this field, this paper will seek to perform systematic and teleological interpretation, though the exploratory method, in order to suggest the application of the theory of the dialogue of the sources in the compatibilization of the apparently conflicting rules.KEYWORDSDivorce. Division of ownership Interests. Dialogue of the sources.

1. Introduction to Property and Land

2019 ◽  
pp. 1-27
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
English Law ◽  
The Third Party ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

scholarly journals Misuse of Enduring Powers of Attorney

2003 ◽  
Vol 34 (3) ◽  
pp. 497
Author(s):  
Rachel Kent
Keyword(s):  
Property Rights ◽  
Older People ◽  
Effective Means ◽  
Current Regime ◽  
Personal Property ◽  
Substantial Benefit ◽  
Central Register ◽  
Areas Of Concern ◽  
The Law ◽  
Law Commission

This paper critically evaluates the Law Commission’s recommendations as presented in the Commission’s report reviewing Part IV of the Protection of Personal Property Rights Act 1988. This legislation defines the scope for enduring powers of attorney (EPAs). The paper advocates that the establishment of a central register for EPAs will be of substantial benefit, as it will provide an effective means of monitoring the use and misuse of EPAs. The paper concentrates on the effects of the current regime on older people, and it interviews six individuals who are actively engaged in work with older people in the Wellington region to identify the main areas of concern surrounding EPAs. The focus of the interviews was developed from the Law Commission’s recommendations against the establishment of a central register. The paper identifies some very real concerns with the current law's ability to curb the misuse of EPAs which leave older people open to abuse. It concludes that the Law Commission needs to re-evaluate the issue of misuse of EPAs as its report does not adequately deal with current flaws in the law.

User Rights to Commercial Copies of Copyright Works

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Property Rights ◽  
Copyright Law ◽  
Personal Property ◽  
Exclusive Property

The chapter begins the investigation of the rights users have to copyright works by looking at the scope of the personal property rights users may have in copies of copyright works. These rights have been largely overlooked in copyright law and theory. Applying the ownership spectrum developed by James W. Harris in Property and Justice (1996) this chapter shows how copyright users’ personal property rights are distinct from other forms of personal property and heavily dictated by the exclusive property rights of copyright holders in the copyright work. The personal property rights of copyright users fare poorly on the ownership spectrum and this trend is intensified by commercial practices of copyright holders endorsed by courts, and the struggles of legislatures and courts to deal with the dematerialization of copies of copyright works. This account of the personal property rights of copyright users reveals a weak strain of copyright user rights.

1. The Scope of the Subject

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
The Subject ◽  
English Law ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

scholarly journals ZBYCIE RZECZY RUCHOMEJ OBCIĄŻONEJ ZASTAWEM SKARBOWYM (ZAGADNIENIA WYBRANE)

2016 ◽  
Vol 10 (2) ◽  
pp. 183
Author(s):  
Grzegorz Jędrejek
Keyword(s):  
Property Rights ◽  
Civil Procedure ◽  
Legal Proceedings ◽  
Statutory Law

Alienation of a Movable Asset Encumbered with Tax Lien Summary The article deals with selected problems referring to executive proceedings in administration in case of alienation of a movable asset encumbered with tax lien. A tax lien is a lien imposed in order to secure public imposts on movables assets or property rights. According to the author, legal proceedings are acceptable in order to conclude whether a purchaser of a movable asset encumbered with a tax lien should abolish enforcement of administrative decision. The basis for execution is not an executory entitlement in the analyzed administrative case, but an appropriate provision of statutory law, which is the article 848 of Civil Procedure Rules, used by way of analogy.

1. Introduction to the Types of Property Rights in Land

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Property Rights ◽  
Land Law ◽  
Real Property ◽  
Restrictive Covenants ◽  
Personal Property ◽  
Wide Range ◽  
Explanatory Text ◽  
Basic Concepts ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an introduction to basic concepts of land law. The discussions cover real property and personal property; property rights which give immediate use and enjoyment of land (fee simple estate and leases); property rights against land owned by other people (mortgages, restrictive covenants, easements, profits prendre, rentcharges, rights of occupation, interest under a resulting or constructive trust, proprietary estoppel, estate contracts, options, and the trust); and proof of title to land (importance of proof of title, methods of proving that a vendor has good title, unregistered title and registered title).

scholarly journals DEFINITION OF INVENTORS AND LEGAL ASPECT OF PATENT REGISTRATION

2018 ◽  
Author(s):  
Rikiarinata
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
Legal Aspects ◽  
Paper Briefly ◽  
Personal Property ◽  
Commercial Value ◽  
Definition Of

Intellectual Property Rights relate to the protection of the application of ideas and information that have commercial value. For owners of ideas and information that have commercial values, Intellectual Property Rights are personal property that can be owned and treated with other forms of wealth. The same treatment is like trading or renting it out. So that ideas and information that have commercial value are not used by others irresponsibly, then there must be legal protection. This paper briefly discusses two categories that are protected in Intellectual Property Rights, which are copyright and patent. On the other hand this paper aims to provide an understanding of the legal aspects of copyright and patent registration.

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