scholarly journals Die juridiese problematiek van grondbesit in die boek Rut

2006 ◽  
Vol 62 (1) ◽  
Author(s):  
Milda Stanton ◽  
Pieter Venter
Keyword(s):  
Land Ownership ◽  
The Right ◽  
Ownership Of Land ◽  
Female Ownership

The juridical problem of land ownership in the book of RuthJuridical matters play an important role in the book of Ruth. There appears to be a contradiction between Ruth 1:21 and Ruth 4:3. In the former, Naomi is depicted as a desperately poor (“empty”) widow. In the latter, Naomi is unexpectedly presented as the owner of land. This contradiction can be solved by understanding Naomi’s right in respect of her late husband’s land as a right other than ownership. A study of female ownership of land, the right of a wife to inherit from her husband, analysis of the literary elements in the book of Ruth, the rural backdrop, the theme of survival and the vocabulary in the narrative, lead to the conclusion that we are here dealing with what would today be recognised as a usufruct.

scholarly journals STATUS HUKUM TANAH WARGA YANG BERMUKIM DI WILAYAH PESISIR PERBATASAN KABUPATEN NUNUKAN PROVINSI KALIMANTAN UTARA

2018 ◽  
Vol 33 (3) ◽  
pp. 243
Author(s):  
Sulaiman Sulaiman ◽  
Zulvia Makka
Keyword(s):  
Legal Status ◽  
Forest Products ◽  
Land Ownership ◽  
Coastal Areas ◽  
Basic Law ◽  
The Government ◽  
Legal Proof ◽  
The Right ◽  
Ownership Of Land ◽  
Coastal Residents

The province of North Kalimantan is the youngest province in Indonesia, located in the northern part of Kalimantan Island. Northern Kalimantan Province is established based on Law No. 20 of 2012 establishing the Northern Kalimantan Province. Nunukan Regency is one of five districts / cities in the province of North Kalimantan covering an area of ​​14,263.68 km2. Geographically, Nunukan Regency is located in the northernmost region of Kalimantan, which borders directly with a neighboring country, Sabah-Malaysia. The legal status of the land becomes a written proof that is legally recognized. All land rights are recorded in the form of National Land Agency (BPN) certificates. BPN creates duplicates of landowners to avoid future risks, such as: B.: Lost certificates, burned certificates and duplicate certificates. In Indonesia, land ownership status is governed by the Basic Law of Agriculture (UUPA) No. 5 of 1960 on Agricultural Principles. Rural residents living in the Border Coast, especially in the Nunukan Subdistrict, Nunukan Utara district, is the Nunukan Regency, a leased land owned by PT. Inhutani as the de facto landlord (HGU), above the property for PT. Inhutani in the Nunukan district, Nunukan district, Nunukan Utara district stands thousands of buildings owned by both the community and the government, where the majority have no legal proof of domination. The problem in this study is the legal status of the ownership of land in the border coastal areas and the policy of the local government in providing legal solutions to control the use of land in coastal areas. Based on the results that concludes the legal status of the land of coastal residents who live in the region as the right boundary, as the conversion of Hak Guna Usaha (HGU) by PT.Inhutani is used, that researchers know ended Hak Guna Usaha ( HGU) was on the ground since 2009. But it was extended to 2038. While the legal solution for providing legal certainty of the owner of the building in the country of PT. Inhutani receives until the bleaching of the rights building use rights (HGB) to the community, because PT. Inhutani is no longer productive / operates and produces forest products, in Nunukan sub-district, Nunukan Utara village, but only the establishment of settlements and thousands of municipal and state buildings.

6. Adverse Possession

2019 ◽  
pp. 181-216
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
Legal Aspects ◽  
Land Law ◽  
Right Of Action ◽  
Adverse Possession ◽  
The Right ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Relative Concept

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.

Establishment of legal regulation in the field of identified the status of territorial communities as subjects of communal ownership on land

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Nastina Olha ◽  
Keyword(s):  
Legal Regulation ◽  
Land Ownership ◽  
Property Law ◽  
Communal Property ◽  
Communal Land ◽  
The Status ◽  
Legal Competence ◽  
Communal Land Ownership ◽  
The Right ◽  
Ownership Of Land

The article examines the formation of communal land ownership law, formation of legal regulation in the field of consolidating the status of territorial communities as subjects of communal property, the impact of decentralization of powers processes on resolving the issue of the legal regime of territorial communities’ lands and united territorial communities’ lands, determination of scientific approaches to the formation of the model of communal land ownership law in Ukraine. It is updated the legislator’s inconsistency in determining the principles of building the institution of communal land ownership law, lack of a well-founded concept of communal property law, legislative contradictions of approaches to the creation of sustainable local self-government in Ukraine, based on the priority of land interests of territorial communities. Scientific attention is paid to preconditions for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the state, solving the problem of the definition of «communal land ownership law» absence in current legislation. Focused attention on legitimization of the powers to exercise the communal property law through the solution of the issue of land and legal competence of territorial communities, improvement of their status as subjects, who exercise the right of communal ownership of land directly or through local governments, the exercise of the right of communal ownership of land in the ways specified in the land law. According to the study it is established that the Constitution of Ukraine has provided the necessary prerequisites for the formation of a fundamentally new land system in the field of communal property on the land of communities. An important scientific task in modern conditions is improving the legal regulation of land and legal competence of territorial communities as subjects of communal land ownership for the sustainable development of territories. It is determined that the acceleration of administrative and land reforms will contribute to the full legitimization of the united territorial communities and the formation of territorial communities as equal subjects of land ownership. Keywords: territorial communities, decentralization, local government reform, communal land ownership

Evolution of shared land ownership in agriculture of modern Russia

2021 ◽  
pp. 726-734
Author(s):  
G.A. Polunin ◽  
V.V. Alakoz
Keyword(s):  
Agricultural Production ◽  
Land Reform ◽  
Economic Benefit ◽  
Land Ownership ◽  
Private Land ◽  
Economic Entity ◽  
Equity Ownership ◽  
The Right ◽  
Ownership Of Land ◽  
Authorized Capital

The article provides a brief analysis of the content and results of the implementation of models for organizing agricultural production during the land reform in Russia in the 80-90s. The article contains the main stages of land reform, confirmed by legislative and regulatory legal acts of the state. It has been established that shared land ownership in agriculture has a number of specific economic functions: quasi-property, goods, capital and property. The studies demonstrated that the allocation of land shares and their transformation into land plots is a condition for the implementation of the production function of quasi-ownership of land shares. For this reason, land shares, including unclaimed ones, not allocated to land plots, should not be classified as full-fledged private land ownership. When equity ownership is included into the authorized capital of an economic entity, and the agreement on the transfer of rights with the legal successor is not assigned, the right holder loses all rights to the transferred land shares. The existence of such an agreement does not guarantee that the right holder will receive any payments for the use of such property by the legal successor. Individuals who invested land shares in the authorized capital of an economic entity did not have any economic benefit from the reform, and those who converted land shares into a land plot received land property, the price of which has risen in dozen times since the beginning of the land reform.

7. Adverse Possession

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
Legal Aspects ◽  
Land Law ◽  
Right Of Action ◽  
Adverse Possession ◽  
The Right ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Relative Concept

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.

scholarly journals IMPLEMENTASI PENDAFTARAN SERTIPIKAT HAK MILIK ATAS TANAH DALAM PEMBAGIAN WARIS DAN PERMASALAHANNYA DI KANTOR PERTANAHAN KOTA SEMARANG

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 133
Author(s):  
Musta’in Musta’in ◽  
Sukarmi Sukarmi
Keyword(s):  
Land Ownership ◽  
Legal Certainty ◽  
Land Dispute ◽  
Legal Effect ◽  
The Face ◽  
Title Registration ◽  
The Right ◽  
Ownership Of Land ◽  
The Relationship ◽  
Made In

The relationship between man and the land is so close that the land as a human place to live and continue his life. Land issues are also related to the granting of land rights such as inheritance. Judicially, the acquisition of rights due to inheritance is the acquisition of rights to land and or building by the heirs of the testator, which is applicable after the heirs pass away. Principally, when the heir dies, there has been a transfer of rights from the heirs to the heirs.In the transfer of ownership of the land mentioned above, of course, in making the aktanya different, from some reasons mentioned above, the authors are interested to develop a research with Title: registration certificate of ownership of land in the distribution of inheritance and problems at the Office of Land City of Semarang covering : How is the registration of the land ownership certificate in the division of inheritance in the Land Office of Semarang City, what is the legal effect if the inheritance is not made in the Land Office, and what if there is a heir disputed land dispute is sold but one of the heirs is not Signed a deed of sale and did not provide data. The purpose of the study To analyze and review the registration of land ownership certificates in the distribution of inheritance, to examine and analyze the legal consequences if the land of inheritance divestment is not made in a certificate, and to analyze and assess if there is an inheritance dispute of land which has been certified is sold but one of the heirs is not Signed a deed of sale and did not provide data.The research method used is juridical empirical. The results of this study can be concluded that, the guarantee of legal certainty in the field of land, with the existence of written, complete, and clear legal tools are carried out consistently. In addition, in the face of concrete cases it is also necessary that the registration of land that can provide legal certainty of the land for the right holders to facilitate prove it.Keywords: Registration, certificates, property rights, inheritance.

scholarly journals Women’s Right To Land Ownership In Swat State Areas The Swat State Era And The Post-State Scenario

2008 ◽  
Vol 1 (1) ◽  
pp. 105-121
Author(s):  
Sultan -i- Rome
Keyword(s):  
Land Ownership ◽  
Customary Law ◽  
The West ◽  
Traditional Practice ◽  
North West ◽  
The North ◽  
North West Frontier Province ◽  
The Right ◽  
Ownership Of Land ◽  
Personal Law

This paper presents a study of riwaj (customary law) in the traditional society of the present-day Provincially Administered Tribal Areas (PATA) of the North-West Frontier Province, Pakistan. Under riwaj only males could own land; women had no right to inherit land. During the Swat State era (1915-1969), on the whole, the traditional practice remained the law of inheritance and ownership of land under which the women folk were not entitled to inherit. However, during the reign of Miangul Jahanzeb in some cases the women were given the right to inherit and own land. The pattern of land ownership remained the same, in general, after the merger of the state in 1969. In this scenario, The West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 (W. P. Act V of 1962), with exception to the proviso of section 3 and 7, was extended to the area on 15 January 1976. Although extension of The West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, brought no practical change for the time being, its extension along with the land settlement carried out by the provincial revenue department, in most of the study area, were destined to bring the required change.

Procedures for Acquisition of Land Ownership

2020 ◽  
pp. 158-173
Author(s):  
Oleh OMELCHUK ◽  
Nadiia CHUDYK-BILOUSOVA ◽  
Liudmyla TARANENKO
Keyword(s):  
Agricultural Land ◽  
Land Ownership ◽  
Land Market ◽  
Legal Person ◽  
Market Conditions ◽  
Land Relations ◽  
Acceptable Model ◽  
The Right ◽  
Ownership Of Land

It is established that the right of ownership of land is a set of powers of individual entities in relation to land plots or the right to them, enshrined in the norms of law, taking into account the restrictions established by law. The subjects of land relations are characterized depending on the form of land ownership. It is proposed to understand the procedure of granting land ownership as the activity of interested persons or state bodies of the relevant levels and other entities, which is aimed at establishing the right of the relevant entity to a specific plot. It is established that the procedure for acquiring a plot of land by a person is clearly defined and includes several methods defined by law. Procedures for acquiring land ownership by a natural or legal person are analysed, depending on the methods defined by land and civil legislation. It is proposed to introduce only an electronic form of land auctions. It is established that an additional condition for the acquisition of property rights in market conditions is the positive results of the inspection for compliance with the requirements established by the land legislation of the potential purchaser or owner of the agricultural land. The inspection procedure needs to be regulated by the relevant by-law to comply with the requirements of the adopted amendments to the land legislation. The most acceptable model for the introduction of the land market is a moderately limited agricultural land market, which restricts access to purchase by foreigners and legal entities. The expediency of ensuring the proper settlement of relations when concluding agreements on the transfer of ownership of land in market conditions is substantiated. The procedure for acquiring the right of ownership of land is the process of acquiring a person, the right of ownership of land for possession, use and disposal on the terms and in the manner prescribed by law as a result of the decision of the authorized body. The classification of procedures for acquiring land ownership is carried out.

scholarly journals PELAKSANAAN HAK WARIS ATAS TANAH BAGI SEORANG ANAK DARI PERKAWINAN CAMPURAN DENGAN PERJANJIAN KAWIN BERDASARKAN PERATURAN PERUNDANGAN DI INDONESIA

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 127
Author(s):  
Ulfia Wijaya ◽  
Fifiana Wisnaeni
Keyword(s):  
Property Rights ◽  
Land Rights ◽  
Land Ownership ◽  
Mixed Marriage ◽  
Dual Citizenship ◽  
Mixed Marriages ◽  
The Subject ◽  
Agrarian Law ◽  
The Right ◽  
Ownership Of Land

The implementation of inheritance rights for children born of mixed marriage with a prenuptial agreement can not be executed before they are 18 (eighteen) years old or already married and they have declared themselves to choose to become an Indonesian citizens. With regard to the ownership of land rights, the Agrarian Law (UUPA) explicitly provides that only Indonesian citizens can own property rights to land as defined in Article 21 paragraph (1). This means that what can be the subject of property rights is only Indonesian citizens. The transfer of ownership of land ownership in any way to children born of mixed marriage will cause any form of the transfer to become null and void. When dual-citizen children obtain an inheritance from one parent in the form of land with a proprietary title, their right to inheritance is certainly not wiped out. However, they must wait until 18 (eighteen) years old and choose to become an Indonesian citizen then they have the right according to the rules. Keywords: Mixed Marriages, Dual Citizenship, Children's Rights With Dual Citizenships Abstrak Pelaksanaan hak waris atas tanah bagi seorang anak yang lahir dari perkawinan campuran dengan perjanjian kawin tidak dapat dilaksanakan sebelum anak tersebut berusia 18 (delapan belas) tahun atau sudah menikah dan anak tersebut telah menyatakan diri untuk memilih menjadi warga negara Indonesia. Berkaitan dengan kepemilikan hak atas tanah, UUPA secara tegas mengatur bahwa hanya WNI yang dapat memiliki hak milik atas tanah sebagaimana ditegaskan dalam Pasal 21 ayat (1). Ini berarti bahwa yang dapat menjadi subyek hak milik hanyalah WNI. Pengalihan kepemilikan hak milik atas tanah dengan cara apapun kepada anak yang lahir dari perkawinan campuran akan menyebabkan segala bentuk pengalihan tersebut menjadi batal demi hukum. Bilamana anak yang berkewarganegaraan ganda memperoleh warisan dari salah satu orang tuanya berupa tanah dengan status hak milik, maka hak anak tentang warisan tersebut tentunya tidak hapus. Akan tetapi ia harus menunggu sampai usia 18 (delapan belas) tahun, sampai memilih menjadi WNI maka barulah ia memiliki haknya sesuai peraturan yang berlaku.  Keyword: Perkawinan Campuran, Kewarganegaraan Ganda, Hak Waris Anak 

scholarly journals On the issue of joint land ownership in Ukraine

2021 ◽  
pp. 5-8
Author(s):  
Oleksandr BRYHINETS
Keyword(s):  
Land Ownership ◽  
Apartment Building ◽  
Project Organization ◽  
Theoretical Substantiation ◽  
Property Relations ◽  
Apartment Buildings ◽  
Management Project ◽  
Joint Ownership ◽  
The Right ◽  
Ownership Of Land

Transformation of property relations has determined the need to find modern legal constructions for the settlement of joint ownership of land and property. The article states that the most common practice is the design of adjacent territories only after the preparation of a land management project commissioned by condominiums in the relevant project organization. It is determined that the improvement of ownership mechanisms, especially in the land sphere, has led to the abandonment of collective ownership, which requires further development of modern forms of land ownership, as well as effective regulation of joint ownership of land and property. It is proved that the co-owners of apartment buildings have the right to exercise the relevant rights as well as, in particular, registration of the right to land without the creation of condominiums. Although before the adoption of this law, the registration of land rights took place only through condominiums or other service entities. Registration of land ownership directly by apartment building co-owners may create some difficulties with the registration of all co-owners, as the number and composition of such co-owners may change constantly due to the acquisition and alienation of apartments in apartment buildings. The peculiarity of the right of joint ownership is that all third parties, despite the plurality of co-owners, must deal not with a set of separate wills or expressions of will of each co-owner, but with a single, joint expression of will of several entities. The necessity of further theoretical substantiation and normative consolidation of the right of apartment building co-owners to directly acquire and exercise the right of joint ownership of the adjacent territory and the possibility of exercising the relevant right indirectly through the condominiums created by them.

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