scholarly journals Reasons for Encroachment on State Real Estate، and its Downsides (Analytical Study)

2021 ◽  
Vol 8 (4) ◽  
pp. 498-522
Author(s):  
Rekan Farhan Salih ◽  
Rebaz Ardalan Bakr
Keyword(s):  
Real Estate ◽  
Demographic Change ◽  
Analytical Study ◽  
The Law ◽  
Public Money ◽  
Strong Deterrent

The phenomenon of abuses on state real estate has exceeded all expectations، due to its increase for political، legal، economic and social reasons، as the state’s real estate has not been spared from encroachment on it in recent times، and the abuse has formed different patterns، the motive of which is according to its status the interests of the transgressors، which resulted in the time At the present time، and in particular after the fall of the defunct Baathist regime، the state's property was liberated، as there was no strong deterrent to it. Despite the issuance of strict laws and decisions criminalizing and forbidding encroachment on state real estate، and with the presence of the executive and judicial authorities concerned with their application and implementation، the phenomenon of transgression is on the rise، which results in many negatives and on many levels، the most important of which is wasting public money and non-compliance and respect for the law، As well as the demographic change of cities. The research dealt with these issues as an attempt to contribute to presenting the problem of abuse، and to provide solutions to it، In order to understand the aspects of the research، the study was divided into two sections، In the first section، we discuss the concept of encroachment on state real estate، As for the second topic، we are devoted to talking about the causes of encroachment on state real estate، We also conclude the research by mentioning the most important conclusions and recommendations.

Privatizing the production of settler colonial landscapes: ‘Authenticity’ and imaginative geography in Wadi Al-Salib, Haifa

2020 ◽  
pp. 239965442094675
Author(s):  
Yara Sa’di-Ibraheem
Keyword(s):  
Real Estate ◽  
Urban Renewal ◽  
Demographic Change ◽  
Property Values ◽  
The State ◽  
Upper Class ◽  
Palestinian Refugees ◽  
Geographical Study ◽  
Imaginative Geography ◽  
History Of

This article explores how urban settler-colonial landscapes are produced in the neoliberal era. Adopting an anti-colonial approach, the article addresses practices of landscape production through the history of Wadi Al-Salib in Haifa after the driving out of its inhabitants in 1948. A micro geographical study of three Palestinian refugees’ houses, sold by the state to private real estate companies during the last two decades, constitutes the empirical mainstay of the article. Located in Wadi Al-Salib where rapid neoliberal urban renewal schemes hope to raise property values and enact demographic change, these houses are often marketed to upper-class Israeli Jews as “authentic”. Such branding indicates that the privatization of the Palestinian refugees' houses may also signify privatization of the colonial imagination, and a broader shift of the landscape into a collage of marketable images, echoing an ‘aesthetic violence’ that evokes past colonial landscapes. Such references create several hyper-realities in the same place, thus canonizing colonial landscapes’ imaginaries.

scholarly journals ZAWŁASZCZENIE NIERUCHOMOŚCI NA PRZYKŁADZIE DZIAŁAŃ WOJENNYCH Z POCZĄTKU XVII WIEKU W RZECZYPOSPOLITEJ OBOJGA NARODÓW. Z BADAŃ NAD PRAWEM ZDOBYCZY WOJENNEJ W EPOCE NOWOŻYTNEJ

2017 ◽  
Vol 16 (4) ◽  
pp. 59
Author(s):  
Karol Łopatecki
Keyword(s):  
Real Estate ◽  
Early Modern ◽  
17Th Century ◽  
Military Operations ◽  
Law Of War ◽  
Legal Situation ◽  
The Law ◽  
Grand Duchy

Property Requisition: A Case Study of early 17th-Century Military Operations for Research on the Early Modern Law on War TrophiesSummary This article is on the requisitioning of property by soldiers stationing on enemy territory. The author presents the law on war trophies in force in Poland-Lithuania in 1609–1619, when the country was at war against the Grand Duchy of Muscovy. In particular he examines a protestation lodged by Stanisław Galiński, a Mazovian nobleman. This document provides evidence that pursuant to the Polish-Lithuanian law of war abandoned property could be lawfully requisitioned providing the party taking possession of the vacant real estate became its effective holder by taking over its management. This theory is confirmed by a 1613 parliamentary resolution which allowed for the confiscation of requisitioned property from soldiers who could not prove their title to tenure on these grounds. The legal situation of requisitioned properties was similar to that of property held by the Muscovite boyars of the Smolensk region, who were granted a conditional endorsement of tenure, with the recognition of a title in fee simple subject to enfeoffment by the king.

Acquisition

2020 ◽  
pp. 235-266
Keyword(s):  
Real Estate ◽  
Final Section ◽  
The Law

This chapter focuses on the Book of Acquisition (Sefer kinyan), which covers the law of contract and of property. It discusses the first section of the Book of Acquisition, Laws of Sale, that contains various mechanisms for acquiring real estate, chattels, slaves, and animals, and on fairness in sale transactions. It also explains the Laws of Acquisition and Gifts, which is about the acquisitions in which there is no consideration, such as the seizure of ownerless property and of gifts. The chapter talks about Laws of Neighbours, which deals with rights and obligations between owners and occupiers of neighbouring homes and fields. It points out that the Laws of Agents and Partners covers agency and partnerships in trade, while the Laws of Slaves, the final section of the Book of Acquisition, includes transactions in and treatment of Jewish and non-Jewish slaves.

scholarly journals TANGGUNG JAWAB HUKUM NOTARIS TERHADAP AKTA AUTENTIK YANG DIBUAT DIHADAPANNYA (ANALISIS PUTUSAN NOMOR 2022 K/PDT/2013)

2021 ◽  
Vol 3 (2) ◽  
pp. 136-148
Author(s):  
Laberqi Pamitama
Keyword(s):  
Analytical Study ◽  
Civil Law ◽  
Civil Code ◽  
Direct Result ◽  
Legal Relationship ◽  
Illegal Acts ◽  
Legal Accountability ◽  
The Law

The Notary Deed in Article 1866 and Article 1867 of the Civil Code states that the Notary Deed is written evidence. In carrying out its duties, a Notary must be professional, this is stated in Article 16 letter of the Law on Notary Position. This research is a descriptive analytical study. The approach used in this research is a normative juridical approach. Based on the results of research and discussion, it can be concluded that: First, the form of Notary's legal accountability to the Authentic Deed made before him is the responsibility for the material correctness of the deed, then civil sanctions are imposed for errors that occur in the construction of illegal acts. Actions against the law in this case are active or passive. As a form of notary responsibility in the field of civil law, sanctions in the form of compensation, compensation and interest will be imposed as a result of which the Notary will receive from the lawsuit of the parties if the deed only has evidence as an underhand deed or the deed is null and void by law. Second, the notary can be responsible for the Authentic Deed made before him, it can be from reimbursement of expenses, compensation or interest that can be sued against the Notary based on a legal relationship between the Notary and the parties before the Notary. If there is a party who feels aggrieved as a direct result of a notary deed, then the person concerned can sue the notary publicly. In the case of a lawsuit due to an act against the law, Article 1365 of the Civil Code applies. In this case the Cassation Petitioners were rejected, so the Cassation Petitioners were sentenced to pay court fees at this cassation level.

scholarly journals TANGGUNGJAWAB NAZHIR KOPERASI SYARIAH SEBAGAI LKS PWU DALAM PENGELOLAAN WAKAF UANG MELALUI APLIKASI FINTECH

2020 ◽  
Vol 2 (2) ◽  
pp. 141-157
Author(s):  
Siti Nurhayati, Nurjamil
Keyword(s):  
Analytical Study ◽  
Field Research ◽  
Civil Code ◽  
Library Research ◽  
The Law ◽  
The City

This research was conducted to determine the form of Islamic cooperative nazhir responsibilities as PWU LKS in the management of waqf especially for a loss case in the management of waqf money. The study was a qualitative analytical study with a normative juridical approach. Data obtained through library research and field research and then analyzed qualitatively. This research was conducted in the city of Bandung, in this case the object of the study was the Sharia Cooperative that had been designated as a nazhir waqf for money by the Indonesian Waqf Board. The study concluded that if problems in the management of waqf money such as the occurrence of problematic financing or NPF, occured due to Nazir errors, either due to deliberate or negligence and / or due to non-consideration of the principle of prudence, then Nazir can be held liable according to the responsibility based on the error (based on error) on fault). This is regulated in the Civil Code (hereinafter abbreviated as the Civil Code) specifically contained in Articles 1365, 1366 and 1367. If some provisions relating to the principle of responsibility based on errors can be proven, Nazirs were required to compensate and return the endowment funds. Conversely, if the problems occured are not due to Nazir's fault, Nazir cannot be held accountable, both morally and legally. Compensation for wakaf assets shall be borne by other parties who cooperate with Nazir as stipulations regarding defaults or acts against the law stipulated in the Civil Registry   Keywords: Responsibility, Nazhir Wakaf Money, PWU LKS, Fintech

scholarly journals Realities and Challenges of Land Issues in the Era of Depopulation

2021 ◽  
pp. 63-71
Author(s):  
Shoko Yoshihara
Keyword(s):  
Data Collection ◽  
Real Estate ◽  
Demographic Change ◽  
Property Values ◽  
Policy Issue ◽  
Nationwide Survey ◽  
Local Authorities ◽  
Policy Initiatives ◽  
Change Policy ◽  
Collection And Management

AbstractAbandoned and unclaimed land has emerged as a major policy issue in Japan, where the population is dwindling and property values are falling in many areas, including big cities. This article analyzes this alarming issue using the results of a nationwide survey conducted by the author targeting 1719 local authorities, which revealed a disconnection between the existing landownership system and rapid demographic change. Policy initiatives are needed to address three basic challenges, namely, how to get people to register title transfers when they inherit real estate; how to protect and manage land that has no immediate prospect for use; and how to improve the data collection and management infrastructure.

scholarly journals ADAT AND SHARIAH IN THE INHERITANCE LAW OF THE PEOPLES OF DAGESTAN

2020 ◽  
Vol 15 (4) ◽  
pp. 586-601
Author(s):  
Ramazan S. Abdulmajidov ◽  
Larisa K. Tuptsokova
Keyword(s):  
Real Estate ◽  
Mutual Influence ◽  
Legal Culture ◽  
Legal Systems ◽  
North Caucasus ◽  
Inheritance Law ◽  
The North ◽  
Heated Debate ◽  
A Priority ◽  
The Law

The article is devoted to the study of the interaction and mutual influence of the Adat and Sharia in the inheritance law of the peoples of Dagestan. Researchers of the legal culture of the peoples of the North Caucasus often made mistakes when considering this sphere of legal relations, in connection with which attention is drawn to the most characteristic of them. The inheritance law of the peoples of Dagestan was based on a certain symbiosis of two legal systems - adat and Sharia. In this regard, the article reveals the order of inheritance under Muslim law, analyzes the norms of inheritance law contained in the Dagestan collections of adat. Widely considered issues that caused the most heated debate, for example, depriving women of the share of real estate and the use of “Nazra” in the division of inheritance. An analysis of the norms of the adat, fixed in the Dagestan legal monuments, regulating inheritance relations, allows us to conclude that, despite the long confrontation between the adat and the Sharia in this area, the establishment of the latter was of a priority nature. Nevertheless, the socio-economic realities also predetermined the use of the norms of the law of adat, which is still the case today.

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