ADMINISTRATIVE AND LEGAL STATUS OF ORGANIZATIONS THAT COLLECTIVELY MANAGE THE PROPERTY RIGHTS OF COPYRIGHT HOLDERS IN THE FIELD OF COPYRIGHT AND (OR) RELATED RIGHTS

After eight years of civil war, parts of Syria are now free from conflict. In recognition of the return to peace, the government officially welcomes back all who fled the country to escape violence. Yet, a pattern of property expropriation supported by the government during the war limits the ability of some to return and reclaim their homes and businesses. We argue here that intentional changes to law and policy regarding property rights during the war has led to asset losses for members of groups opposed to the government and created a barrier to property restitution and the return of these groups. We examine legal documents and secondary sources identifying government actions and their impact, noting the proliferation of laws that systematically erode the property rights of people who lack proximity, legal status, and regime allies. As the results of these laws manifest after the war, a disproportionate number of Syrians who opposed the government will find themselves without the houses, land, and property they held before the war began.

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SYNCHRONIZATION OF PROCEDURAL AND FINANCIAL (BANKING) FUSE OF THE IMMUNITY OF PROPERTY RIGHTS

Financial and credit activity problems of theory and practice ◽

10.18371/fcaptp.v2i37.230677 ◽

2021 ◽

Vol 2 (37) ◽

pp. 503-509

Author(s):

V. Kantsir ◽

V. Kushpit ◽

A. Palyukh ◽

I. Tsylyuryk ◽

I. Kantsir

Keyword(s):

Property Rights ◽

Social Reproduction ◽

Legal Status ◽

Legal Regulation ◽

Jel Classification ◽

Criminal Proceedings ◽

Legal Context ◽

The Status ◽

The Right ◽

Judicial Protection

Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.

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The concept infringement of subjective copyright: a theoretical aspect

Theory and Practice of Intellectual Property ◽

10.33731/62020.233859 ◽

2021 ◽

pp. 15-23

Author(s):

Olena Shtefan

Keyword(s):

Property Rights ◽

Legal Status ◽

Theoretical Aspect ◽

Case Law ◽

Free Access ◽

Unified Approach ◽

Royalty Payment ◽

Definition Of

Shtefan O. The concept infringement of subjective copyright: a theoreticalaspect. The article examines the problem of protection of subjective copyright at the doctrinal level. The source base analyzed in the article revealed the lack of a unified approach to the definition of copyright infringement, the criteria for classifying infringements and their characteristics. The author 's approach to the solution of the outlined problem is offered in the article.In particular, the proposed following definition of copyright infringement is a culpable, unlawful, punishable act (action or omission) that harms or infringes on the personal non-property and / or property rights of the copyright holders for which the legal liability arises. The basis of protection of rights is called by civil law “non-recognition of rights". Summarizing the existing definitions of this term in the doctrine, the author proposes to understand the non-recognition of rights as a passive denial of a person's copyright to a work, which does not directly harm the subjective right of the copyright subject, but creates uncertainty in the legal status of the holder. including in its relations with third parties regarding the use of the object of copyright.In the article, the author, based on the analysis of case law, examines the misuse of the work, as any use of copyright both within the contract and outside the contract, which violates the property rights and personal non-property rights of copyright subjects. The most common are non-contractual copyright infringements related to the illegal use of works. Such violations include, in particular: posting works on the Internet sites forfree (paid or free) access without the permission of the relevant subject, presentation of works in cafes, bars, restaurants for a fee or without them (without royalty payment), work or part of it in the memory of a mobile phone for a fee or without such, etc. The article concludes that, as a rule, intangible copyrights are infringed at the same time as property rights, is a derivative of infringement of property copyrights related to the useof the work. Therefore, copyright infringement is complex. The article concludes that copyright infringement is complex.Key words: copyright, infringement, classification of infringements, signs of infringement, infringement of subjective copyright.

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Pewarisan Hak Atas Tanah dalam Perkawinan Antar Negara

ADLIYA: Jurnal Hukum dan Kemanusiaan ◽

10.15575/adliya.v15i2.13494 ◽

2021 ◽

Vol 15 (2) ◽

pp. 31-46

Author(s):

Taufika Hidayati ◽

Yusuf Hanafi Pasaribu

Keyword(s):

Property Rights ◽

Research Methods ◽

Legal Status ◽

Scientific Discipline ◽

Legal Research ◽

Dual Citizenship ◽

The Government ◽

Land Inheritance ◽

Inter State ◽

Laws And Regulations

The phenomenon of inter-state marriage in Indonesia has an influence on legal actions in it, especially the issue of children born and having dual citizenship after Law Number 12 of 2006 concerning Citizenship was passed by the Government. This study aims to measure the extent to which children born from these marriages get inheritance rights with underage positions. In addition, what is the legal status based on Law Number 1 of 1974 concerning Marriage and Law Number 5 of 1960 concerning Land regarding the position of land inheritance rights. This study uses an empirical normative method, which combines legal research methods that not only view law as a prescriptive (determining) and applied scientific discipline, but also descriptive (explaining) based on the reality of legal developments in society. The results of this study indicate that children born from inter-state marriages who have dual citizenship and are still minors are entitled to land inheritance rights in the form of property rights provided that the child must choose Indonesian citizenship at the age of 18 (eighteen) years based on the laws and regulations. valid invitation.Fenomena perkawinan antar negara di Indonesia memberi pengaruh dalam perbuatan hukum di dalamnya, terutama persoalan anak yang lahir dan memiliki kewarganegaraan ganda setelah Undang-undang Nomor 12 Tahun 2006 tentang Kewarganegaraan disahkan oleh Pemerintah. Penelitian ini bertujuan untuk mengukur sejauh mana anak yang dilahirkan dari perkawinan tersebut mendapatkan hak waris dengan kedudukan masih di bawah umur. Selain itu bagaimana status hukumnya berdasarkan Undang-undang Nomor 1 Tahun 1974 tentang Perkawinan dan Undang-undang Nomor 5 Tahun 1960 tentang Pertanahan terhadap kedudukan hak waris tanah. Penelitian ini menggunakan metode normatif empiris, yaitu melakukan penggabungan metode penelitian hukum yang tidak hanya memandang hukum sebagai disiplin ilmu yang bersifat preskriftif (menentukan) dan terapan, namun sekaligus bersifat deskriptif (memaparkan) yang didasarkan pada kenyataan perkembangan hukum di masyarakat. Hasil penelitian ini memberikan petunjuk bahwa anak yang dilahirkan dari perkawinan antar negara yang berkewarganegaraan ganda dan masih di bawah umur berhak atas hak waris tanah berupa hak milik dengan ketentuan anak tersebut harus memilih kewarganegaraan Indonesia pada saat usianya 18 (delapan belas) tahun berdasarkan peraturan perundang-undangan yang berlaku.

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Control over the Human Body Before and After Death: The Civil Law Aspect

BRICS Law Journal ◽

10.21684/2412-2343-2020-7-3-104-135 ◽

2020 ◽

Vol 7 (3) ◽

pp. 104-135

Author(s):

L. Novoselova

Keyword(s):

Property Rights ◽

Human Body ◽

Legal Status ◽

Living Will ◽

The Body ◽

Human Being ◽

Real Property ◽

Before And After ◽

The Right ◽

The Impact

In this article, an attempt is made to determine the legal status of the human body (organs and tissue) both while a person is alive and after a person dies. The article discusses the points of view of various authors in relation to the possibility of considering the human body, its organs and tissue, after their separation from the body, as objects of a person’s property rights, and also as an object of a person’s non-property rights. The article argues the impossibility of qualifying the human body and the organs that were not separated from it during life as parts – and perhaps critical parts – of the existence of the total human being, as objects of real (property) rights including the rights of the persons themselves. The human body as a single object is a personal non-property benefit. The organs and tissue separated from the body may be considered objects of real rights, but on several conditions: if they were indeed separated from the body and if the person gave permission for this in a will. The specific characteristics of the legal status of the separated organs and tissue of a human being are analyzed as things (possessions) with limited turnover. The specific characteristics of the legal status of the organs and tissue separated from the body as possessions in limited turnover are reviewed as well as the impact of personal non-property rights on this status. The main focus of the article is on the legal status of the human body and the organs separated from it after death in view of the fact that transplantology and postmortem organ donation are becoming more and more widespread. This issue is analyzed in terms of the body as a whole and as it applies to the organs and tissue that are not used for transplantation. The proposal is to base our analysis on the status of the human body after death which as a rule cannot be the object of property rights. The human body is disposed of within the framework of the protection of the personal non-property rights of the deceased, including the right of physical inviolability that covers the organs and tissue separated from the body. The article characterizes the legal nature of living wills when people give instructions as to the procedure of their burial and other means of handling their body, including donation of their bodies to science. The article examines the possibility of the right of ownership to organs and tissue separated from the body after death. This right can exist if a complex legal construct is present, including a direct or assumed living will of the person. The specific characteristics of living acts concerning the possibility of after-death organ and tissue harvesting for further use, including for transplantation purposes, and the differences between such acts and last wills are determined.

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Special Privileges or Equality? Legal Protection for NPO Property Rights ‐ With a Discussion of the Meaning and Limitations of the “Public-Interest Property Rights” Concept

The China Nonprofit Review ◽

10.1163/187650910x12605098378932 ◽

2010 ◽

Vol 2 (1) ◽

pp. 3-18

Author(s):

Jin Jinping

Keyword(s):

Property Rights ◽

Public Interest ◽

Legal Status ◽

Legal Protection ◽

Private Law ◽

The Public

AbstractThe concept of “public-interest property rights” () has helped to clarify the jurisdiction over NPOs’ assets and has also underscored some special issues related to their use. At the same time, however, the concept may cause misconceptions about the legal status of NPOs’ property rights; NPOs’ exceptional characteristics should not negate their own property rights, nor should NPOs be granted any special legal status relative to other private law entities on their basis.

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Determining the responsibilities of inheritors

Legal horizons ◽

10.21272/legalhorizons.2021.i26.p30 ◽

2021 ◽

pp. 30-34

Author(s):

A.V. Goncharova

Keyword(s):

Property Rights ◽

Legal Status ◽

Time Of Death ◽

The Will ◽

The Subject ◽

The Individual ◽

The Right ◽

Subjective Rights

Like subjective rights, responsibilities are part of the legal status of the individual. In the theory of state and law, duty is understood as a measure of proper conduct established by law. The peculiarity of the responsibilities of the heir is that at the time of acceptance of the inheritance, the heir passes not only the asset but also the liability. The heir who inherited the heir is liable for the debts of the testator. The exercise of the right to inherit primarily consists in the fact that the heir has the right to accept the inheritance or to refuse it. At the same time, it is not allowed to accept an inheritance with a condition or with any reservation. At the heart of the realization of the right to inherit - the will of the heir. The heir decides to accept the inheritance, to refuse it or not to accept the inheritance, based on their own interests. The freedom to renounce the inheritance is also manifested in the choice of the method of renunciation: either in favor of a particular heir, or without specifying such. At the time of death, the testator ceases to be the subject of any relationship, loses subjective rights and obligations. In turn, the heirs acquire property rights and subjective rights and obligations only with the passage of time. It is not possible to inherit only rights without fulfilling the obligations arising from the acceptance of the inheritance. It is also not possible to transfer the performance of one's duties to another person in order to be able to exercise one's inheritance right. To the heirs pass not only the rights of the testator, but also his responsibilities (translational succession), even if they were not specified in the will, because the inheritance is a universal succession. In universal succession, the whole set of rights and responsibilities of the testator's predecessor passes to the heir, except those that are closely related to the testator's personality. In this case, all components of this set belonging to the testator are transferred to a single act.

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Guarantees for Exercising and Protecting the Property Right of Internally Displaced Persons

Bulletin of Kharkiv National University of Internal Affairs ◽

10.32631/v.2020.4.12 ◽

2020 ◽

Vol 91 (4) ◽

pp. 130-139

Author(s):

Z. I. Knysh

Keyword(s):

Civil Rights ◽

Property Rights ◽

Legal Status ◽

Property Right ◽

Internally Displaced Persons ◽

Displaced Persons ◽

Internally Displaced ◽

Concrete Action ◽

The Difference ◽

The Right

The author has researched property relations of internally displaced persons, the peculiarities of which are determined by their legal status and the lack of sufficient legislative regulation to protect their property status. It has been emphasized that the realization of property rights occurs through the will and actions of the owner, which must fully comply with legal requirements, because the right of the owner to actions and the actions themselves – differ from each other. The difference between the content of a subjective right and its realization is, first of all, that the content of a subjective right covers only the possible behavior of an authorized person, and the realization of the right is a real, concrete action that leads to legal consequences. Therefore, the realization of property rights by internally displaced persons is absolute, i.e. absolute civil rights apply to an indefinite number of persons, except for the right of the owner. The legal categories of “realization”, “protection” and “defense” have been analyzed as integral components of the property right of internally displaced persons. It has been stated that protection is the category of the normal state of existence of the subjective right, and defense is the category of the subjective right in a violated state. It has been proved that in most cases people who have left their place of residence due to armed conflict or other forms of violence do not have a real opportunity to realize actual and sometimes legal (for example, due to the lack of proper documents on the property) possession. It indicates the need to introduce guarantees that will ensure not only the realization of property rights by internally displaced persons, but also the safety of their property. It has been offered to understand the guarantees of property rights of internally displaced persons as a set of methods, means and procedures aimed at ensuring the realization of their property rights. The author has formulated own definition and has suggested the classification of guarantees of property rights of internally displaced persons, with their division into general and special, as well as guarantees of the realization of the rights and guarantees of protection.

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TANGGUNG JAWAB ISTRI TERHADAP PERJANJIAN JUAL BELI HAK ATAS TANAH YANG DILAKUKAN OLEH SUAMINYA (Studi Kasus Putusan No. 03 /Pdt.G /2015 /PN.Btl)

Jurnal Privat Law ◽

10.20961/privat.v7i1.30094 ◽

2019 ◽

Vol 7 (1) ◽

pp. 36

Author(s):

I Made Yoestika Bayu Pratama , ◽

M. Hudi Asrori S ,

Keyword(s):

Property Rights ◽

Legal Status ◽

Secondary Data ◽

Land Rights ◽

Data Types ◽

Breach Of Contract ◽

Applicable Law

Abstract This article is intended to identify and analyze the position of the wife to the covenants committed by the husband and the form of a wife’s responsibility of her husband’s Default. This research is Normative legal by perspective. Secondary data types include primary, secondary and tertiary legal materials. Data collection techniques used are literature studies and documentation studies relevant to the purpose of this research. The analysis uses the syllogistic of deduction, taking into account the interpretation of the law and the principles of applicable law. The results of this research indicate that (1) the legal status of the wife against the agreement made by her husband, (a) In relation to the Husband is unknown, and the sense of inconvenience of the wife to to the seller; hereby wife affirms that the transaction of sale and purchase of land object is canceled. Based on the foregoing, the wife appealed to the Panel of Judges of the Investigator of this case in casu to examine, hear, and give the verdict. (B) The Husband has broken the promise so that the judge terminates the land purchase agreement. (2) The wife’s form of responsibility to the Default carried out by her husband relates to the fact that: (a) in fact the buyer is not the Husband and the wife but only the Husband; because the Husband breach of contract then the seller and the wife of defendant agree to cancel the transaction of the sale of the land object through the court; (b) Notary / PPAT is involved in the process of transferring legal entitlements, subject to sanctions through a judge’s decision to restore the land’s name back to the seller. Keywords: Responsibility of wife; wife’s position; Agreement on the sale and purchase of land rights: purchase property rights to the land; breach of contractAbstrak Artikel ini bertujuan untuk mengetahui dan menganalisis kedudukan Hukum istri terhadap perjanjian- perjanjian yang dilakukan oleh suaminya, dan bentuk pertanggung jawaban seorang istri terhadap Wanprestasi yang dilakukan oleh suaminya. Penelitian ini adalah penelitian hukum Normatif bersifat perspektif. Jenis data sekunder meliputi bahan hukum primer, sekunder dan tersier, Teknik pengumpulan data yang digunakan adalah studi kepustakaan dan studi dokumentasi yang relevan dengan tujuan penelitian ini. Analisis menggunakan silogisme deduksi, dengan memperhatikan penafsiran hukum yang dilakukan serta asas-asas hukum yang berlaku pada ilmu hukum. Hasil penelitian ini menunjukan bahwa (1) kedudukan hukum istri terhadap perjanjian yang dilakukan oleh suaminya, (a) Terkait dengan sang suami tidak diketahui keberadaannya, serta rasa ketidaknyaman istri kepada para penjual; dengan ini sang istri menegaskan bahwa transaksi jual beli objek tanah dibatalkan. Berdasarkan segala hal di atas, istri memohon kepada Majelis Hakim Pemeriksa perkara ini in casu untuk sudi memeriksa, mengadili, dan memberi putusan (b) sang suami telah ingkar janji sehingga hakim memutuskan perjanjian jual beli hak atas tanah tersebut batal.demi hukum. (2) Bentuk pertanggungjawaban istri terhadap Wanprestasi yang dilakukan oleh suaminya, terkait dengan adanya fakta bahwa: (a) pada kenyataannya pihak pembeli bukan si suami dan istri melainkan hanya sang suami; karena sang suami wanprestasi maka penjual dan istri tergugat sepakat untuk membatalkan transaksi jual beli objek tanah itu melalui jalur pengadilan; (b) Notaris/PPAT terlibat dalam proses peralihan hak atas tanah yang cacat hukum, dikenasi sanksi melalui putusan hakim agar memulihkan kembali tanah atas nama penjual. Kata kunci : Tanggung jawab istri; Kedudukan istri; Perjanjian jual beli hak atas tanah; jual beli hak milik atas tanah; Wanprestasi

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Intellectual Property Rights and the Politics of Food

10.1093/oxfordhb/9780195397772.013.34 ◽

2014 ◽

Cited By ~ 1

Author(s):

Krishna Ravi Srinivas

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Genetic Resources ◽

Intellectual Property Rights ◽

Legal Status ◽

Biological Diversity ◽

Plant Genetic Resources ◽

Convention On Biological Diversity ◽

Free Access ◽

Nation States

The legal status of plant genetic resources has been subject to numerous international agreements and laws over the centuries. The “common heritage of mankind” approach enabled free access but proved unworkable because of conflicts over intellectual property rights. The Convention on Biological Diversity (1992) recognized sovereign rights of nations over genetic resources within their territory. The Trade Related Intellectual Property Rights Agreement under auspices of the World Trade Organization mandated intellectual property protection for plant varieties, but synchronizing such rights has proved problematic. Many developing countries have enacted sui generis regimes to comply with TRIPS requirements. The International Union for the Protection of New Varieties of Plants Convention provides models that have changed over time. With the advent of agricultural biotechnology and availability of intellectual property rights for plant components, patents relating to plant genetic resources have increased. As plant genetic resources are subject to many overlapping treaties, the regime governing them is becoming more complex, resulting in inconsistencies and disputes. While the rights of plant breeders and the private seed industry are well protected in formal agreements, the rights of farmers, who have nurtured diversity in plant genetic resources, developed varieties of crops with different traits, and contributed to exchange and conservation of plant genetic resources, are left to the discretion of nation-states. Farmers’ rights are mentioned in many international legal instruments, but no binding treaty or convention mandates protecting and promoting the rights of working farmers.

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