scholarly journals KEDUDUKAN KONTAINER HOUSE SEBAGAI BENDA DAN WEWENANG NOTARIS DALAM PEMBUATAN AKTA PERALIHANNYA

Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 35-45
Author(s):  
Ardani Retno Nindito
Keyword(s):  
Property Rights ◽  
Civil Code ◽  
Moving Object ◽  
Main Subject ◽  
The Subject ◽  
The Right ◽  
Legal Subjects ◽  
Privately Owned ◽  
Legal Entities

The main subject of research is Container Position and Notary Authority in Making the Transitional Deed, with the formulation of the problem What is the position of Container House as a moving object and What is the notary's authority in making the Container House transitional deed. The conclusion is as follows: The position of Container House as a moving object, that container as an object that is valuable goods, property as a wealth, to the holder as the subject of rights is a private body or persoon, the right object is called an object, which means that the object of rights is object. Containers can be privately owned in the sense of individuals or legal entities, who are both legal subjects and can act according to law. Containers either as movable objects or immovable objects (planted in land parcels) can be used as objects of property rights in accordance with the provisions of Article 489 of the Civil Code. The authority of the notary in making Container House transfer deed, that the container building, the transfer of rights if built together with the land and the owner of the container building will divert the container along with the land can be proven by PPJB deed made before a notary or AJB made before PPAT. If the container building is only affixed, so that if it is transferred it does not damage the basic objects, the transfer of rights can be done with PPJB or with AJB made before a notary

Intergenerational Wealth Transfer and the Need to Revive and Metamorphose the Israeli Estate Tax

2014 ◽  
Vol 8 (1) ◽  
pp. 59-101 ◽  
Author(s):  
Daphna Hacker
Keyword(s):  
Social Justice ◽  
Property Rights ◽  
Wealth Transfer ◽  
Estate Tax ◽  
Inheritance Tax ◽  
History Of ◽  
The Subject ◽  
The Rich ◽  
The Right ◽  
The Needy

Abstract This article suggests enacting an accession tax instead of the estate duty – which was repealed in Israel in 1981. This suggestion evolves from historical and normative explorations of the tension between perceptions of familial intergenerational property rights and justifications for the “death tax,” as termed by its opponents, i.e., estate and inheritance tax. First, the Article explores this tension as expressed in the history of the Israeli Estate Duty Law. This chronological survey reveals a move from the State’s taken-for-granted interest in revenue justifying the Law’s enactment in 1949; moving on to the “needy widow” and “poor orphan” in whose name the tax was attacked during the years 1959–1964, continuing to the abolition of the tax in 1981 in the name of efficiency and the right of the testator to transfer his wealth to his family, and finally cumulating with the targeting of tycoon dynasties that characterizes the recent calls for reintroducing the tax. Next, based on the rich literature on the subject, the Article maps the arguments for and against intergenerational wealth transfer taxation, placing the Israeli case in larger philosophical, political, and pragmatic contexts. Lastly, it associates the ideas of accession tax and “social inheritance” with inspirational sources for rethinking a realistic wealth transfer taxation to bridge the gap between notions of intergenerational familial rights and intergenerational social justice.

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.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

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 Charakter prawny ograniczeń sposobu korzystania z nieruchomości w związku z ochroną zasobów środowiska – refleksje na temat art. 129 Prawa ochrony środowiska

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 185-198
Author(s):  
Sławomir Pawłowski
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Environmental Law ◽  
Public Law ◽  
Environmental Resources ◽  
Legal Nature ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Right Of Property

The subject of the discussion is the legal nature of restrictions on the use of real estate in relation to the protection of environmental resources. Art. 129 of Environmental Law can have the effect that the use of a property or its part is impossible or substantially reduced. In doctrine, the dominant view is that such public-law interference in the right of property assumes the form of restriction referred to in Art. 64, par. 3 of the Constitution of the Republic of Poland. Another interpretation is also possible. Since the depth of the interference with property rights can lead to the effect that this property will become, as the Ombudsman has pointed out recently, “useless” to the owner, it would be reasonable to consider whether or not such property is de facto being expropriated. In such a case, the standard of constitutional control would be Art. 21, sec. 2.

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 KEDUDUKAN BADAN HUKUM SEBAGAI SUBJEK HUKUM DALAM HUKUM EKONOMI SYARIAH

2020 ◽  
Vol 17 (2) ◽  
pp. 216-242
Author(s):  
Panji Adam
Keyword(s):  
Human Existence ◽  
Legal Entity ◽  
Legal Subject ◽  
Economic Law ◽  
The Subject ◽  
Islamic Economic ◽  
Important Position ◽  
Legal Subjects ◽  
Legal Entities

In the study of Islamic economic law the discussion of the contract occupies a very important position. The contract is said to be legally valid when compliance with the terms and conditions for the validity of the sharia agreement. One of the pillars that must be fulfilled is the parties who carry out the contract. In the classical muamalah fiqh study the parties that are the subject of law are only individuals, but as time goes by, there is a development, not only individuals who are legal subjects, but legal entities are subject to law. The position of this legal subject is recognized in the perspective of sharia economic law because it is the result of an analogy of human existence as a legal subject as long as it does not contradict sharia principles. In terms of fiqh muamalah the legal entity is usually called syakhsyiyyah i’tibariyah. The implementation in the context of Islamic economic law is in the form of contemporary partnership agreements.

scholarly journals LEGAL NATURE OF PROPERTY RIGHTS AND THEIR STATE REGISTRATION

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 183-191
Author(s):  
Ю. М. Щавинська
Keyword(s):  
Property Rights ◽  
Local Governments ◽  
Family Relations ◽  
Legal Protection ◽  
Legal Nature ◽  
Administrative Duty ◽  
State Organizations ◽  
State Registration ◽  
The Right ◽  
Legal Entities

The relevance of the article is that the property rights of citizens and businesses are not only the basis of Ukraine's economy - they are based on family relations, they are also the material basis of local governments and state organizations, institutions and enterprises. In other words, without their proper registration and protection, it is impossible to ensure any other sphere of public life. In Ukraine, some attention is paid to the legislative definition of property rights and the problem of their state registration. And if with the first part of the outlined, in our opinion, a certain harmony is reached, then the issue of protection of property rights in today's conditions is acute. Its violations, in particular raids on enterprises and other violations of the property rights of individuals and legal entities, although decreased in number, but such facts have not remained in the past. The leading instrument of administrative legal protection of property rights is the institution of state registration of property rights, which in today's conditions is undergoing a process of further transformation and improvement in the effectiveness of protection of the rights of property rights. The artіcle reveals and descrіbes the legal nature of property rіghts and theіr state regіstratіon. Thіs іs done on the basіs of the theory of natural law, the theory of admіnіstratіve law, the theory of cіvіl law, as well as domestіc legіslatіon. Іt іs proved that the legal nature of the state regіstratіon of real rіghts to іmmovable property іs that іn іts іmplementatіon there are specіfіc admіnіstratіve and legal relatіons of a protectіve nature. It is concluded that the legal nature of state registration of property rights to property rights is that in its implementation there are classic administrative and legal protection relations, which involve applicants or their authorized persons, usually private legal entities, and public ( public) registrars as subjects of power. The content of these relations is: 1) the subjective right of the applicant to receive a kind of public protection in formal form (security document) and in essence - to use the entire public apparatus of protection and state coercion in his case in case of violation of registered property rights; 2) the administrative duty of a special subject of public administration (registrar) is a public obligation to carry out such registration. In turn, the registrar has the right to demand from the applicant provided by the current legislation confirmation of ownership of the property rights submitted for registration. Legal facts in the analyzed area of administrative and legal relations are the entry in the register of decisions on state registration, which directly lead to a change or termination of legal relations. A separate line in this area should be noted administrative-legal, administrative-procedural and economic-procedural legal relations that arise when appealing the decisions of state registrars to refuse registration (registration) of property rights to administrative or (and) judicial authorities.

scholarly journals HISTORICAL EXPERIENCE OF INTELLECTUAL PROPERTY REGULATION IN GALICIA AS A PART OF AUSTRIA AND AUSTRO-HUNGARY (1772–1918)

2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Industrial Property ◽  
Historical Experience ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Right Of Reproduction

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.

scholarly journals Certain aspects of possible codification of legislation of intellectual property law

2021 ◽  
pp. 108-118
Author(s):  
Olena Shtefan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Subject ◽  
Independent Branch

Keywords: recodification of the Civil Code of Ukraine, codification of legislation onintellectual property law, subject and method of intellectual property law The article examines the issues related to the possibility ofcodification of legislation in the field of intellectual property rights. Currently, inUkraine there is a three-tier regulation of public relations in the field of intellectualproperty law. On the one hand, the Civil Code of Ukraine, the rules of which are characterizedby a corresponding nature, terminological inconsistency with special legislation;special legislation regulating legal relations arising from the creation and use ofcertain objects of intellectual property rights; as well as the provisions of ratified internationallegal acts in this area. Such legislation does not contribute to effectiveprotection or effective protection of intellectual property rights.The updating of the Civil Code of Ukraine will not improve the situation regardingproper legislative support in this area, and may lead to new conflicts. Based on the analysis of existing approaches in legal doctrine on the possible codificationof legislation in the field of intellectual property law, it is concluded that it ispossible if the latter is separated into an independent branch of law, characterized bythe subject and method of legal regulation. The existing approach to the definition ofthe subject of regulation in the doctrine of intellectual property law coincides with thecivilized approaches and does not reflect the specifics of legal relations that characterizethe field of intellectual property. The subject of intellectual property law is notlimited to private law relations, public law is also quite common. In this regard, it isproposed to understand the subject as a legal relationship arising in connection withthe creation, use and protection of intellectual property rights. It is proved that theright of intellectual property can be separated into an independent branch of law andto codify its legislation. This will be facilitated by the interest of the state and the correspondingpolitical will to do so.

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