scholarly journals Taking the Bundle of Rights Seriously

2019 ◽  
Vol 50 (4) ◽  
pp. 733
Author(s):  
Jessie Wall
Keyword(s):  
Social Relationships ◽  
Social Function ◽  
Property Law ◽  
Property Interest ◽  
The Social ◽  
The Law ◽  
Set Up ◽  
Bundle Of Rights ◽  
Trust Law ◽  
Constitutive Element

After a painfully long set up, that attempts to ground three claims about property law (in general) and the nature of the beneficial interest (in particular), this article considers two arguments about the law of discretionary trusts. The first is the bundle of rights argument. This argument concerns the interpretation of "property" in legislative provisions. It suggests that where legislation is concerned with the structure of the social relationships that property institutions facilitate (rather that the juridical structure of rights and duties under property law), interpretations regarding what amounts to a "property" interest should also be "functional" (rather than "formalistic"). The second argument is the concept of the illusory trust. This argument concerns the standard package of constitutive elements required by trust law when a settlor uses the trust institution to order his or her affairs. Where an ostensible trust lacks a constitutive element, it can be said to be illusory. I consider here recent attempts to further delineate the concept of the illusory trust, that look to the "substance" or "reality" of the trust, and in doing so, shift our attention away from juridical form and onto social function. I will argue that only the former argument needs to be taken seriously.

Property

2020 ◽  
pp. 276-292
Author(s):  
J. E. Penner
Keyword(s):  
Property Rights ◽  
Case Law ◽  
Property Law ◽  
Private Law ◽  
Making Sense ◽  
The Social ◽  
Bundle Of Rights ◽  
High Level

This chapter discusses property law. It considers the idea that property had a “nominalist” ontology, and it was in danger of “disintegration” as a working legal category for that very reason. Nominalism about property has had a significant impact in U.S. case law. The concern here, however, is whether it is a helpful stance to take as a theorist of property. The chapter argues that it is not. There are indeed “high” level abstractions about property which one cannot plausibly do without if one is to understand property rights and property law doctrine. Moreover, the “bundle of rights” (BOR) challenge does not assist one in making sense of these abstractions. The chapter then looks at the conceptual failure of BOR and the New Private Law as it relates to property. BOR is generally regarded as being underpinned by what might be called the Hohfeld-Honoré synthesis. The synthesis rests upon a fairly serious mistake, which is that while the Hohfeldian examination of jural norms is analytic if it is anything, Honor’s elaboration of the incidents making up ownership is anything but—it is functional. This means that Honoré describes the situation of the owner not principally in terms of his Hohfeldian powers, duties, and rights vis-à-vis others, but in terms of the social or economic advantages that an owner has by virtue of his position, and the terms and limitations of those advantages.

scholarly journals The Social Function of Imitation in Development

2020 ◽  
Vol 2 (1) ◽  
pp. 93-109 ◽  
Author(s):  
Harriet Over
Keyword(s):  
Social Development ◽  
Cultural Differences ◽  
Social Relationships ◽  
Social Relationship ◽  
Social Process ◽  
Social Function ◽  
Third Parties ◽  
Social Nature ◽  
Social Pressures ◽  
The Social

Imitation is a deeply social process. Here, I review evidence that children use imitation as a means by which to affiliate with others. For example, children imitate the actions of others more closely when they seek a positive social relationship with them and respond positively to being imitated. Furthermore, children infer something of the relationships between third parties by observing their imitative exchanges. Understanding the social nature of imitation requires exploring the nature of the social relationships between children and the individuals they imitate. Thus, in addition to discussing children's own goals in imitative situations, I review the social pressures children experience to imitate in particular ways, learning to conform to the conventions and rituals of their group. In the latter part of this article, I discuss the extent to which this perspective on imitation can help us to understand broader topics within social development, including the origins of human cultural differences.

scholarly journals COMPARATIVE STUDY OF IMPLICATION FOR IMPLEMENTING COPYRIGHT LAW AND BOOK LAW IN THE LIBRARY COLLECTION SERVICE

2019 ◽  
Vol 8 (2) ◽  
pp. 234
Author(s):  
Mohamad Pandu Ristiyono ◽  
Ratna Nurhayati
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Social Function ◽  
Copyright Law ◽  
Fair Use ◽  
Copyright Holder ◽  
Fair Dealing ◽  
Library Collection ◽  
The Social ◽  
The Law

This article examines the implication of Copyright Law and Book Law implementation <br />of the service in the library. The research method used is normative juridical legal. The<br />correlation between the Book Law, Law on Handover of Print and Recorded Works<br />and the Library Law, both are lex specialist derogate generalist of the Copyright<br />Law or not, according to the author is the adoption or depiction of the fair use and<br />fair dealing doctrine as which is the social function of copyright. The Copyright<br />Law provides protection for Author and Copyright Holder with exclusive rights to<br />be exploited. Related to the Law on Handover of Print and Record Works which<br />gives the obligation of the Author or Copyright Holder to deposit their work for the<br />purpose of preservation and other social purposes to the library which is regulated<br />in the Library Law

scholarly journals Relationship Property and Trusts: the "Bundle of Rights" Theory?

2021 ◽  
Author(s):  
◽  
Frances Gush
Keyword(s):  
Third Party ◽  
Property Law ◽  
Fiduciary Obligations ◽  
Bundle Of Rights ◽  
Alter Ego ◽  
Trust Law

<p>This dissertation examines the “bundle of rights” theory as it meets at the intersection of trust and family property law. Drawing on conceptions of property, the principles and purposes of the Property (Relationships) Act and contrasted with trust law, a theory is adopted to explain why family property law has presumptive power over trust principles. Orthodox trust principles are discussed to explain why trust assets are protected from third party claims, the importance of the laws of powers and fiduciary obligations, the problems created by settlor or appointor control and the reason a “controller” is a beneficial owner of trust assets. The dispositions of relationship property to trusts and the limits on compensatory payments are discussed alongside the significance of the abolition of gift duty, other statutory remedies and judicial responses. Case authorities are explored, similarities with Australian alter ego trusts are drawn upon, and the application of the “bundle of rights” theory is discussed with reference to the valuation of debts and occupation orders. The dissertation concludes that the “bundle of rights” theory draws on an expansive meaning of property, it is a principled approach but confined to the Act.</p>

scholarly journals LAND AND PROPERTY RIGHTS WITHIN THE URBANISM LAW

2017 ◽  
Vol 10 (2) ◽  
pp. 1-11
Author(s):  
Dana Georgeta Alexandru
Keyword(s):  
Property Rights ◽  
Production Process ◽  
Private Property ◽  
Public Policies ◽  
Social Function ◽  
Property Law ◽  
Public Authorities ◽  
The Social ◽  
Planning Policies

The study intends to highlight the functions of property rights in relation to the characteristics of urbanism law. The analyse aims to identify the role of public authorities in the production process of planning public policies, under current regulations in force in Romania. Moreover, while the legislation led to confer a social function of property rights, this conception of property rights comes up against the revival of private property, which is likely to complicate the implementation of public planning policies. The social function of the property law, however, could reach its limits in the coming years. Indeed, the jurisprudence appears to give a boost to the individualistic dimension of ownership complicating the achievement of public planning policies.

scholarly journals TRADISI NYAAGANG DI LEBUH PADA HARI RAYA KUNINGAN DI DESA GUNAKSA KECAMATAN DAWAN KABUPATEN KLUNGKUNG (Perspektif Pendidikan Agama Hindu)

2017 ◽  
Vol 1 (2) ◽  
pp. 146
Author(s):  
Luh Made Ari Chandra Yuni
Keyword(s):  
Religious Education ◽  
Social Relationships ◽  
Family Members ◽  
Social Function ◽  
Phase 2 ◽  
Aesthetic Value ◽  
Implementation Phase ◽  
Cultural Function ◽  
The Social ◽  
Younger Generation

<p><em>Nyaagang Tradition in Lebuh is held every 6 months by every family and is a series of Brass Days in Gunaksa Village, Dawan Sub-district, Klungkung Regency. This tradition is led by the rifts of each family. This tradition is unique because of the form of implementation of Pitra Yadnya teachings held in Lebuh. The Nyaagang Tradition in Lebuh is a unique tradition. The uniqueness is clearly visible from the procession of its implementation and place of execution, Tradition nyaangang in Lebuh is done in front of the entrance of the home yard of each family.</em></p><p><em>The results showed (1) The procession of Nyaagang Tradition consists of preparation of upakara means and implementation phase. (2) The Function of Tradagang Nyaagang there are 3 namely the religious function is to increase sradha bhakti to the ancestors. The social function is to build harmonious social relationships. Cultural function is to preserve Tradition Nyaagang especially to the younger generation. (3) The value of Hindu religious education found in Tradagang there are 3 values of Sradha and Bhakti is convinced by the existence of ancestors and devoted to the ancestors. The value of Solidarity is to increase the sense of unity among family members. Aesthetic value is an element of beauty that is reflected from upakara.</em></p>

scholarly journals Relationship Property and Trusts: the "Bundle of Rights" Theory?

2021 ◽  
Author(s):  
◽  
Frances Gush
Keyword(s):  
Third Party ◽  
Property Law ◽  
Fiduciary Obligations ◽  
Bundle Of Rights ◽  
Alter Ego ◽  
Trust Law

<p>This dissertation examines the “bundle of rights” theory as it meets at the intersection of trust and family property law. Drawing on conceptions of property, the principles and purposes of the Property (Relationships) Act and contrasted with trust law, a theory is adopted to explain why family property law has presumptive power over trust principles. Orthodox trust principles are discussed to explain why trust assets are protected from third party claims, the importance of the laws of powers and fiduciary obligations, the problems created by settlor or appointor control and the reason a “controller” is a beneficial owner of trust assets. The dispositions of relationship property to trusts and the limits on compensatory payments are discussed alongside the significance of the abolition of gift duty, other statutory remedies and judicial responses. Case authorities are explored, similarities with Australian alter ego trusts are drawn upon, and the application of the “bundle of rights” theory is discussed with reference to the valuation of debts and occupation orders. The dissertation concludes that the “bundle of rights” theory draws on an expansive meaning of property, it is a principled approach but confined to the Act.</p>

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