MATERIALS TO STUDYING THE LEGAL NATURE OF LEASING: SWITZERLAND

2021 ◽  
Vol 21 (5) ◽  
pp. 301-337
Keyword(s):  
Federal Court ◽  
Property Law ◽  
Legal Nature

Materials include commented translation of four important judgments of Swiss Federal Court capturing the essential details of contemporary Swiss understanding of leasing with regard to insolvency, form of contract, property law statuses and security title retention, sham character and other issues.

scholarly journals Property Law in the New Romanian Civil Code

2016 ◽  
Vol 10 (1) ◽  
pp. 107-119 ◽  
Author(s):  
Szilárd Sztranyiczki
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Civil Code ◽  
Recent Change ◽  
Property Law ◽  
International Treaties ◽  
The Public ◽  
Public Property ◽  
Legal Provisions ◽  
Legal Nature

Abstract Taking into account the recent change in Romanian civil legislation, we consider the present scientific material very useful for an overview of this institution under the auspices of the New Civil Code. The national legal provisions set clear, therefore, that the property is divided into two institutions, the public property and the private property. Property classification is very important in this form for us to understand the legal nature and the applicable regime for each type of property. Moreover, the property right, either private or public, has an elite regulation in most European laws, but also in universal laws the respect for it and the guarantee of this right can be also found in the fundamental human rights, in the international treaties, and in the constitutions of different nations. We will try, therefore, to offer a brief overview of the new Romanian legislation in the mentioned field, which is already harmonized with European legislation, the result being the New Romanian Civil Code. We believe that the interpretation should be considerably more extensive, but - pragmatically - we will try to capture the main theoretical and practical features to denote the importance of this institution.

scholarly journals TRANSFER OF EXCLUSIVE RIGHTS ON OF INTELLECTUAL PROPERTY

2020 ◽  
pp. 242-248
Author(s):  
Gleb P. Bredihin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Theoretical Research ◽  
Property Law ◽  
Intellectual Property Law ◽  
Legal Nature ◽  
Characteristic Features ◽  
New Criterion

In this article the concept of intellectual rights is discussed as well as the most important problems of intellectual property’s transfer and the ways to solve these problems. The article is devoted to a comprehensive study of ways to transfer exclusive (intellectual property) rights. The characteristic features of licencing agreements, alienation agreements and other agreements in the fi eld of intellectual property transfer are highlighted and described. This article is an attempt to reveal the main causes of the legislation’s imperfection as a consequence of the lack of theoretical research in this area. The legal nature of the agreement on the transfer (sail) of intellectual property is determined. Substantial restrictions on the transfer of intellectual property by primary owners are proposed. A new criterion of intellectual property law theory is highlighted. The new author’s classifi cation of intellectual property contracts is given. We propose measures to improve the legal regulation of pledge in intellectual property law. The main problems of exclusive rights and authorised (share) capital and options for overcoming them are given. The practical and theoretical problems of applying commercial concession (franchising) are analysed, a new criterion of legal relations related to commercial concession is proposed. All the proposed conclusions are the result of a long scientifi c work and practical protection of intellectual property rights as an attorney at law.

Standards und Abgrenzungen im internationalen Familienrecht

2019 ◽  
Keyword(s):  
Family Law ◽  
Case Law ◽  
Federal Court ◽  
Property Law ◽  
Cross Border ◽  
Procedural Law ◽  
Personality Rights ◽  
Matrimonial Property Law ◽  
Property Regimes ◽  
Legal Consequences

The second ‘Dialog Internationales Familienrecht’, a conference on international family law, was held in Marburg in May 2019. Under the heading ‘Standards and Delimitations in International Family Law’, academics and practitioners dealt with benchmarks and classification issues that are currently under discussion in international family law. The conference focused on international family procedural law and international matrimonial property law. This publication is a collection of the lectures held at the conference. The contributions deal, inter alia, with the interests of children in family proceedings, situations of conflict in proceedings dealing with the legal consequences of divorce, the amendment of the Brussels IIbis Regulation as well as the new EU regulations on matrimonial property regimes. The publication is rounded off by an overview of the Federal Court of Justice's case law on international family law, as well as with deliberations on the violation of the personality rights of children on social networks and on the protection of adults in cross-border constellations.

Real Property Law in the Unification Treaty – Merging Two Opposite Legal Systems

2016 ◽  
Vol 44 (1) ◽  
pp. 43-49
Author(s):  
Joanna Schmidt-Räntsch
Keyword(s):  
Federal Court ◽  
Property Law ◽  
Real Property ◽  
Property Relations ◽  
The People ◽  
Federal Court Of Justice ◽  
Small Set ◽  
The Difference ◽  
German Parliament ◽  
Contractual Rights

AbstractThis essay outlines how the German Unification Treaty comprehends real property merely as a problem of transition provisions and of restitution. The Treaty therefore does provide for a small set of transition provisions similar to those provided for in 1900 for the introduction of the German Civil Code and for a restitution Act. More by instinct than by reflection or knowledge the Treaty also comprises a clause reserving later legislation on reorganizing property law. Soon after Unification having come into force this clause proved to be essential. Literally day by day, the gap between the written German Democratic Republic (GDR)-law and the real practice became more and more apparent. The difference between rights in rem and contractual rights had vanished in the GDR-law to an extent that, in the end, in hundreds of thousands of cases people did not provide at all for the necessary legal fundament for building small houses, big housing blocs, factories or public highways. Nearly every day people wrote letters to the Federal Ministry of Justice describing cases that could not or at least not satisfactorily be resolved with the instruments of the existing law. Therefore, the German parliament had to close these gaps and reorganize the rights and obligations of the people and enterprises using other persons' real property.It accomplished this by enacting in a quick sequence a series of statutes reorganizing property law. Then it was up to the public notaries and the courts, especially the civil senate of the German Federal Court of Justice and the 7th and 3rd revision senate of the Federal Administrative Court to make these laws in practicable. Although the more difficult cases on reorganizing real property relations come up for decision recently, the vast majority of cases have been finalized. This has also been a challenge for law libraries. First, they had to withstand the general trend to throw away their old stocks, which at a second glance could be very useful, both for creating the necessary reorganizing provisions and for assisting the decisions of the courts on these new rules. Then they had to decide how to provide to their Courts, lawyers or professors the necessary periodicals, commentaries and monographs. Now these transient stocks continue to be necessary for the decisions of the courts in the actual cases – and the preparatory work on writing the legal history.

scholarly journals Purely Consequentialist Legal Activism in the Brazilian Criminal Constitutional Jurisdiction based on Case Studies in the Jurisprudence of the Supreme Federal Court

2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Víctor Minervino Quintiere
Keyword(s):  
Case Studies ◽  
Federal Court ◽  
Legal Activism ◽  
Legal Nature ◽  
Consequentialist Argumentation ◽  
Second Degree

The present study intended, based on the use of the methodology related to legal consequentialism, the field of consequentialist argumentation and possible risks of its use by judges, in particular, those who perform constitutional jurisdiction and efficient speeches and the concept of purely consequentialist activism, assess whether, and to what extent, it would be possible to divide the concept of purely consequentialist activism into degrees according to the legal nature of the decision handed down within the scope of the Supreme Federal Court, more specifically, with regard to the (non) provisionality of the decision. Throughout the work it was possible to divide purely consequentialist activism into two species. The first of these, called first degree consequentialist activism, characterized by monocratic decisions or judgments that respect the limits of merit and, consequently, the principle of collegiality, and; second-degree consequentialist activism, characterized by monocratic decisions that, not meeting the limits of precautionary decisions, end up disrespecting the principle of collegiality

scholarly journals Approaches to Defining a Television Format as one of Intellectual Property Law objects: Ukrainian and Foreign Experiences

2020 ◽  
Vol 9 (4) ◽  
pp. 364
Author(s):  
Alena Sylkina
Keyword(s):  
Intellectual Property ◽  
Legal System ◽  
Complex Object ◽  
Property Law ◽  
Anglo Saxon ◽  
Positive Approach ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Theoretical Approaches ◽  
Legal Nature

In this article the author analyzes theoretical approaches which were formulated due to the appearance of complex objects of Intellectual Property Law. The attention is concentrated on the analysis of concepts that investigate the legal nature of a television format. The author considers that it is necessary to differentiate a positive approach which recognizes that a format is an object of Intellectual Property Law and negative approach which denies the possibility of television formats protection. Through the method of comparison between the scientific doctrine and judicial practice in the countries of the Romano-Germanic and Anglo-Saxon legal systems, the author classifies concepts to be developed by theoretic community. Thus, negative approach of the Romano-Germanic Legal system countries is confirmed by normative legal acts which relate to the ideas, methods and concepts. Representatives of the Anglo-Saxon Legal system make it impossible to protect a format within the doctrines: "scene a fair", "idea\expression", "merger", etc. The author prefers the positive approach which is divided into the following concepts of the analysis of a format: as a dramatic work (according to Copyright Law), as a hybrid object, as a synthetic object, as a compilation, as a complex object of IP Law. The author gives the definition to a television format, explains its legal nature, and views a format as one related to the concept of complex Intellectual Property Law objects. She analyzes judicial practice which has developed in Ukraine and abroad. Taking into consideration the fact that relations which are connected with the distribution of a format have not only national, but also global character, it is important to unify the given approaches and to use them in legislature. It is relevant to enhance and standardize the legislation in the television field which would contribute to the development of contractual relations between the countries. Keywords:  tv-format, television format, complex object, hybrid object, intellectual property

scholarly journals The Bindunbur ‘Bombshell’: The True Traditional Owners of James Price Point and the Politics of the Anti-Gas Protest

2019 ◽  
Vol 42 (2) ◽  
Author(s):  
Lily O’Neill
Keyword(s):  
Aboriginal People ◽  
Federal Court ◽  
Property Law ◽  
Native Title ◽  
North West ◽  
The Public ◽  
Normative System ◽  
Price Point ◽  
The Media ◽  
Aboriginal Law

On 23 November 2017, the Federal Court handed down its judgment in the Bindunbur case, a long-running native title dispute over significant areas of the Middle Dampier Peninsula in the Kimberley, North-West Australia. The decision was called a ‘bombshell’ because of Justice North’s finding that the Goolarabooloo family, long described in the media and by the public as ‘traditional owners’ of James Price Point and seen as leaders of the fight against the failed Kimberley gas hub, are not traditional owners of that area after all. This article argues there are several related reasons why outsiders mistook who are the true traditional owners of James Price Point. Firstly, an entrenched association in the minds of most non-Aboriginal people between Aboriginality and wilderness; secondly, outsider ignorance of Aboriginal law; thirdly, several key differences between the customary Aboriginal normative system and Australian settler property law; and finally, that it was essential to have traditional owner support for the No Gas campaign against the project.

Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy
Keyword(s):  
Medical Center ◽  
Federal District ◽  
Federal Court ◽  
University Of Pennsylvania ◽  
District Court ◽  
Appellate Court ◽  
Court Of Appeals ◽  
Department Of Health ◽  
Administrative Proceedings ◽  
Summary Judgment

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.

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