Spanish Matrimonial Property Regimes and CEFL Principles Regarding Property Relations between Spouses

2015 ◽  
Vol 17 (2) ◽  
pp. 329-340
Author(s):  
Pablo Quinzá Redondo
Keyword(s):  
Property Relations ◽  
Property Regimes

Property in Land in Roman Provinces

2018 ◽  
Author(s):  
Georgy Kantor
Keyword(s):  
Local Property ◽  
Legal Tradition ◽  
Technical Literature ◽  
Historical Scholarship ◽  
Property Relations ◽  
Roman Provinces ◽  
Legal Regimes ◽  
The Right ◽  
Property Regimes

Roman concept of dominium has been fundamental in the formation of concepts of ownership in European legal tradition. It is, however, often considered outside the context of Roman imperial rule and of the multiplicity of legal regimes governing property relations in Roman provinces outside Italy. This chapter starts from the classic passage in the Institutes of Gaius, claiming that the right of dominium did not exist in provincial land, where it belonged to the Roman state. Gaius’ statement is often dismissed in modern historical scholarship as a ‘conveyancer’s fantasy’ (A.H.M. Jones). It is argued here that, on the contrary, this passage and other similar statements in Roman juristic literature and technical literature on land-measurement, show an important facet of Roman ideas of ownership as a socially contingent right, dependent on civic status of the owner, status of the territory within the empire, and Roman recognition of local property regimes.

Make Way for Women: Philosophical Adaptation of Confucian Property Practices

2020 ◽  
Vol 8 (2) ◽  
pp. 323-341
Author(s):  
Gordon B. Mower
Keyword(s):  
Property Rights ◽  
Social Problems ◽  
Structural Barriers ◽  
The West ◽  
Property Ownership ◽  
Property Relations ◽  
Individualized Approach ◽  
The Individual ◽  
Property Regimes

Abstract Women struggling for recognition encounter an important difficulty in structural barriers to property ownership. In this paper, I propose to investigate the possibility of a roughly Confucian conception of property that both eschews the liberal property rights conception and provides more space for women than has been allowed in traditional Confucian property schemes. Western property regimes also failed to provide women with adequate access to property, but this was corrected in a manner in keeping with the Western fixation on the individual. Important social problems arose in connection with the Western individualized approach to property relations. The traditional Confucian approach managed to avoid the Western problems, but, as in the West, it failed to provide women with sufficient access to property. I argue here that Confucianism is adequately supplied to correct this deficiency through two routes: one ritual-based and one canon-based.

The productive fuzziness of land documents: The state and processes of accumulation in urban villages of Delhi

2019 ◽  
Vol 53 (2) ◽  
pp. 249-271 ◽  
Author(s):  
Sushmita Pati
Keyword(s):  
State Power ◽  
The State ◽  
Power Of Attorney ◽  
Property Ownership ◽  
Property Relations ◽  
General Power ◽  
Land Titles ◽  
Property Regimes ◽  
Land Records ◽  
Urban Villages

This article revolves around the fuzzy nature of land titles within and around the ‘ Lal Dora’ (literally, ‘red thread’) ringing the urban villages of Delhi to understand how property ownership gets mediated through documents. Through a close look at three kinds of documents—land records, a particular notification over construction in the Lal Dora region and the General Power of Attorney, it pries open how these documents govern property relations today. As much as records and laws become the means through which the state attempts to intervene, disaggregate and make sense of property regimes, these attempts are frustrated through practices pertaining to property and localised bureaucratic effects. The evidence presented as documents, stamp papers or certificates is only superimposed on the larger field of property relationships in the urban villages of Delhi. The article shows that the informality produced by inconsistencies in these documents plugs into the logic of accumulation and comes through as a dynamic albeit inegalitarian force that challenges state power.

Introduction

2018 ◽  
Author(s):  
Georgy Kantor ◽  
Tom Lambert ◽  
Hannah Skoda
Keyword(s):  
Natural Law ◽  
Social Contexts ◽  
Complex Idea ◽  
Property Relations ◽  
Absolute Property ◽  
Bundle Of Rights ◽  
The Individual ◽  
And Control ◽  
The Relationship ◽  
Property Regimes

Beginning with theories of absolute property, this introduction considers the merits of a more composite view, namely the ‘bundle of rights’ concept. Anthropologists discuss the relationships between people at the heart of property regimes, but personhood must also be seen as embedded in the things owned. The ideas of rules and control are key, and the concept of control at a distance provides useful conceptual purchase. Property is a complex idea to articulate, and natural law, religious and political frameworks of property are interwoven. Moreover, property is shaped by economic prerogatives, and its management shapes the relationship between the individual and the community, and the preservation of common resources. Property is, then, thoroughly embedded in social contexts, which in turn can render property highly unstable and contingent. It is precisely because of these kinds of tensions that legalism is so often invoked in order to manage and even create property relations.

scholarly journals WSPÓŁCZESNE TENDENCJE W ZAKRESIE METOD WYZNACZANIA PRAWA WŁAŚCIWEGO DLA MAŁŻEŃSKICH STOSUNKÓW MAJĄTKOWYCH

2016 ◽  
Vol 14 (4) ◽  
pp. 107
Author(s):  
Łukasz Żarnowiec
Keyword(s):  
National Level ◽  
Free Movement ◽  
Private Law ◽  
Property Relations ◽  
Current Trends ◽  
International Private Law ◽  
The Law ◽  
Property Regimes ◽  
Conflict Of Law

Current Trends in the Conflict of Legal Methods in Matrimonial Property RegimesSummaryThe difficulties relating to the determination of the law applicable to personal and property relations between spouses are one of the most significant barriers to the free movement of individuals between different countries. Due to the importance of matrimonial property regimes for the situation of third parties entering into legal relations with married persons, matrimonial property regimes also have a seminal impact on the security of free movement and exchange. This article presents an analysis of conflict-of-law methods used to determine the law applicable to matrimonial property relations under selected conflict-of-law regulations adopted in different countries, the proposed uniform European regulation, and the former Polish International Private Law Act (Ustawa o prawie prywatnym międzynarodowym) of 1965. It also contains an assessment of the relevance of new conflict-of-law rules that have been introduced at the national level. The article may be regarded as a background for the analysis of the arrangements presented in the new Polish International Private Law Act of 2011, which will be presented in a separate issue of this journal.

scholarly journals MATRIMONIAL PROPERTY REGIMES OF SALARIES, PENSIONS AND SCHOLARSHIPS IN THE PRIVATE INTERNATIONAL LAW

2020 ◽  
Vol 7 (43) ◽  
pp. 80
Author(s):  
Ye. Tkachenko
Keyword(s):  
International Law ◽  
Common Property ◽  
Point Of View ◽  
Private International Law ◽  
Property Relations ◽  
General Scientific ◽  
The Moment ◽  
Law And Legislation ◽  
Property Regimes

As a result of the study and analysis of scientific sources of the private international law and legislation regulating property relations between the spouses, the author implemented the goal of the article, i.e. theoretical comprehension and determination of the legal regime of salaries, pensions and scholarships of spouses in the private international law on the basis of available scientific material and relevant provisions of the regulatory legal acts of some states. While writing the article, the author used a universal dialectical method of cognition which allows taking into account the relationship between and interdependence of legal phenomena; general scientific (systemic, logical, historical, analytical) methods; as well as private scientific (comparative juridical and formal juridical) approaches. Accordingly, the author concluded that salaries, pensions and scholarships become the common property of spouses from the moment they are received by the eligible spouse. This point of view is considered to be the most spread in the private international law.Key words: matrimonial property regime, property relations, property rights, salary, pension, scholarship.

scholarly journals LEY APLICABLE Y COMPETENCIAL JUDICIAL INTERNACIONAL EN EL REGLAMENTO (UE) 2016/1103 SOBRE REGÍMENES ECONÓMICOS MATRIMONIALES

2020 ◽  
Vol 38 (1) ◽  
Author(s):  
ANA MARÍA PÉREZ VALLEJO
Keyword(s):  
Legal Certainty ◽  
International Jurisdiction ◽  
Applicable Law ◽  
Property Relations ◽  
Property Regimes

Este trabajo realiza un análisis del Reglamento (UE) nº 2016/1103 sobre regímenes económicos matrimoniales. Focalizamos nuestra atención en las normas de conflicto sobre la ley aplicable y los foros de competencia judicial internacional. En aras a la previsibilidad y plena seguridad jurídica, propicia que los cónyuges conozcan qué tribunal será competente para conocer de sus relaciones patrimoniales, y cuál será el Derecho aplicable a las mismas, tanto durante la vigencia del matrimonio, con ocasión de su disolución. Su objeto es evitar que puedan verse sujetos a regímenes distintos en función del tribunal competente o la ley aplicable. This paper analyses Regulation (EU) No 2016/1103 on matrimonial property regimes. We focus our attention on the conflict rules on applicable law and the forums of international jurisdiction. For the sake of predictability and full legal certainty, it is important for the spouses to know which court will have jurisdiction over their property relations and which law will be applicable to them, both during the period of the marriage and on its dissolution. It is intended to prevent them from being subject to different regimes depending on the competent court or the applicable law.

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