scholarly journals The Discretionary Remedial Constructive Trust: "[A] debate as cogent as a discussion of the merits of English versus American unicorns"¹

2021 ◽  
Author(s):  
◽  
Jacob Joseph Meagher
Keyword(s):  
Property Rights ◽  
Legal Realism ◽  
Legal Problems

<p>Those who seek settled property rights in Equity will find little comfort in this paper. With legal realism in mind the author asks what are the courts of Equity doing to property when recognising an institutional constructive trust? The author concludes that there is little distinction between a remedial and an institutional constructive trust; they are the same remedial equitable mechanisms for transferring property from A to B in equity. That is, an ICT, like the RCT is are awarded/imposed/recognised by the courts based on the underlying concepts of fairness and justice (or the equitable term of art; 'unconscionability'). The ICT is seen as legitimate because it hides behind the mask of language of 'institution'. Finally if jurisdictions continue to recognise and impose the ICT, then there is no logic in rejecting the RCT as an any less legitimate tool in the Equities armory.  ¹ William Swadling "The Fiction of the Constructive Trust" (2011) 64 Current Legal Problems 399 at 432.</p>

scholarly journals The Discretionary Remedial Constructive Trust: "[A] debate as cogent as a discussion of the merits of English versus American unicorns"¹

2021 ◽  
Author(s):  
◽  
Jacob Joseph Meagher
Keyword(s):  
Property Rights ◽  
Legal Realism ◽  
Legal Problems

<p>Those who seek settled property rights in Equity will find little comfort in this paper. With legal realism in mind the author asks what are the courts of Equity doing to property when recognising an institutional constructive trust? The author concludes that there is little distinction between a remedial and an institutional constructive trust; they are the same remedial equitable mechanisms for transferring property from A to B in equity. That is, an ICT, like the RCT is are awarded/imposed/recognised by the courts based on the underlying concepts of fairness and justice (or the equitable term of art; 'unconscionability'). The ICT is seen as legitimate because it hides behind the mask of language of 'institution'. Finally if jurisdictions continue to recognise and impose the ICT, then there is no logic in rejecting the RCT as an any less legitimate tool in the Equities armory.  ¹ William Swadling "The Fiction of the Constructive Trust" (2011) 64 Current Legal Problems 399 at 432.</p>

scholarly journals PATEN TERHADAP APLIKASI PROGRAM KOMPUTER BERBASIS FINANCIAL AND TECHNOLOGY DI INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 71-87
Author(s):  
Anik Marfistasari ◽  
Ennys Kurniawati ◽  
Badzlina Putri Indraswati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Computer Programs ◽  
The Other ◽  
Legal Problems ◽  
Other Hand ◽  
Legal Construction

Patents as Intellectual Property Rights which are included in exclusive rights that contain legal construction. It basically must provide legal protection for the application of financial and techology-based on computer programs in Indonesia, where it is given to the novelty of the invention, inventive steps contained in it; and the success of inventions that should be applicable in industries that are developing at this time. To get tsshe assurance and legal protection against fintech programs invention, it is necessary to be followed up on legislation in the field of intellectual property, especially in terms of special patents which it related the fintceh programs inventions in Indonesia, which are expected to provide solutions to the legal problems in Indonesia and to provide a clear legal direction related the fintech programs inventions, on the other hand, with the existence of the legislation in the field of special patent it is expected that can obtain balanced legal protection related to computer programs. Which must be in accordance with the purpose of the invention itself to support the maximum efforts to achieve people's welfare .

scholarly journals PERLINDUNGAN HUKUM BAGI PEMBELI ATAS HAK MILIK TANAH DALAM MENIKMATI FUNGSI DAN MANFAAT TANAH SEBAGAI PEMEGANG HAK MILIK

2019 ◽  
Vol 17 (2) ◽  
pp. 154
Author(s):  
Bayu Sagita
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Customary Law ◽  
Legal Problems ◽  
The Status ◽  
Customary Land

Abstract : In the process of buying and selling land as the basis for the transition of land rights from the seller to buyers in the area of Bolaang Mongondow, especially in Lolak Village District Lolak is done in two ways, namely the process of buying and selling as in general the sale and purchase of land ownership is a unity of land and buildings and plants above it and the process of buying and selling of land is not a unity between the land and buildings and plants above it or the sale and purchase by using the principle of separation horizontal is separate sale and purchase. However, in the development of the practice of the process of buying and selling land that is considered as part of the process of buying and selling property rights on customary land or customary law, it raises legal problems, the process of buying and selling property rights on land that can not provide legal protection of the status of property in full for the buyer in the land and enjoy the benefits and functions of the land itself.

scholarly journals Perlindungan Hukum bagi Pembeli atas Hak Milik Tanah dalam Menikmati Fungsi dan Manfaat Tanah sebagai Pemegang Hak Milik

2017 ◽  
pp. 154-166
Author(s):  
Bayu Sagita Damopolii Bayu Sagita Damopolii ◽  
Imam Koeswahyono Imam Koeswahyono ◽  
Moh. Fadli Moh. Fadli
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Customary Law ◽  
Legal Problems ◽  
The Status ◽  
Customary Land

In the process of buying and selling land as the basis for the transition of land rights from the seller to buyers in the area of Bolaang Mongondow, especially in Lolak Village District Lolak is done in two ways, namely the process of buying and selling as in general the sale and purchase of land ownership is a unity of land and buildings and plants above it and the process of buying and selling of land is not a unity between the land and buildings and plants above it or the sale and purchase by using the principle of separation horizontal is separate sale and purchase. However, in the development of the practice of the process of buying and selling land that is considered as part of the process of buying and selling property rights on customary land or customary law, it raises legal problems, the process of buying and selling property rights on land that can not provide legal protection of the status of property in full for the buyer in the land and enjoy the benefits and functions of the land itself.

scholarly journals The Meaning of Indigenous Rights in Fidusian Guarantee in the Perspective of Law Number 42 of 1999 Concerning Fidusian Guarantee

2020 ◽  
Vol 7 (8) ◽  
pp. 187
Author(s):  
Rahmat Datau ◽  
Abdul Rachmad Budiono ◽  
Iwan Permadi ◽  
Siti Hamidah
Keyword(s):  
Content Analysis ◽  
Property Rights ◽  
Reference Materials ◽  
Research Method ◽  
Indigenous Rights ◽  
The Other ◽  
Customary Law ◽  
Literature Reference ◽  
Legal Problems ◽  
Document Review

The purpose of this article is to discuss the meaning of material rights in fiduciary security in the perspective of Law Number 42 of 1999 concerning Fiduciary Security. The research method used is document review with the Statute Approach approach to fiduciary legislation as primary legal material, as well as various secondary legal materials such as the results of fiduciary scientific studies and literature reference materials about fiduciary. The analysis used is Content Analysis of articles related to fiduciary law. The results showed that the meaning of property rights in nature is always attached to the owner. On the other hand, according to customary law, the meaning of property rights is essentially communal/collective (family/community) as the basis for their rights, both for movable or immovable objects in their possession. Essentially fiduciary property rights are handed over from the debtor's hands to the creditor, with a belief that the property rights will be handed over again if the debtor has paid off his debts, but in the process of surrender, control and his debts often cause legal problems, even though the Fiduciary Guarantee Institute has been formed. The conclusion that the meaning of material rights in fiduciary security lies in the matter of 'Delivery' and 'Mastery' of the items guaranteed.

Does Aboriginal Law Now Run in Australia?

1979 ◽  
Vol 10 (2) ◽  
pp. 161-187 ◽  
Author(s):  
Barbara Hocking
Keyword(s):  
United States ◽  
Property Rights ◽  
Common Law ◽  
Land Rights ◽  
Native Title ◽  
Legal Problems ◽  
Critical Scrutiny ◽  
The Common ◽  
Aboriginal Law

The author examines development through the cases of recognition by the common law of the doctrine that customary traditional native law and native title is recognized in colonies settled by the British, She concludes that at common law when the British Crown acquires sovereignty over a territory, pre-existing property rights are preserved and that a clear expression of intention to the contrary is necessary to extinguish them. She then notes a number of relevant United States and Canadian cases on the issue of the land rights of their aboriginal inhabitants. The decision in Millirrpum v. Nabalco Pty Ltd and the Commonwealth of Australia is subjected to critical scrutiny and it is concluded that the decision does not concur with the established common law. Finally, some of the legal problems involved in the recognition, by statute, of aboriginal land rights are discussed.

scholarly journals Land as an Object of Land Relations: Constitutional and Legal Aspect

2021 ◽  
Vol 7 (6) ◽  
pp. 1033-1042
Author(s):  
Andrii Pravdiuk ◽  
Keyword(s):  
Property Rights ◽  
Legal Aspect ◽  
The State ◽  
Legal Doctrine ◽  
Basic Principles ◽  
Legal Problems ◽  
Unique Object ◽  
Land Relations ◽  
Object Composition ◽  
Special Protection

The article examines constitutional and legal problems of the study of the object composition of land relations. Analysis of scientific views in the national legal doctrine on interpreting the meaning of the term “land” is carried out. It is concluded that the basic principles of land relations are declared in the Constitution of Ukraine, and their analysis enables us to argue that a land is a unique object of legal relations. In the Constitution of Ukraine, the term “land” is used in several meanings, namely as the object of property rights of the Ukrainian people; the object of property rights of citizens, legal entities and the state; the object of the law of the territorial community; the object of special protection by the state. Thus, land relations have a particular subject and object composition. The specific features of the land as an object of legal relations declared in the Constitution of Ukraine determine the content of land relations.

The Origins and Consequences of Property Rights

2020 ◽  
Author(s):  
Colin Harris ◽  
Meina Cai ◽  
Ilia Murtazashvili ◽  
Jennifer Murtazashvili
Keyword(s):  
Property Rights
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