Effect of the forfaiture decision on the legal situation of the convicted spouse

2019 ◽  
Vol specjalny (XIX) ◽  
pp. 155-163
Author(s):  
Andrzej Pokora
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Criminal Code ◽  
Property Relations ◽  
Legal Instrument ◽  
Legal Situation ◽  
The Impact

The study concerns the impact of a decision on the forfaiture of objects originating from crime on the property relations of the convicted spouse. First of all, the relevant provisions of the Criminal Code governing the institution of forfaiture were analysed. Next, the effects of a judgment declaring forfeiture in the sphere of civil law are presented. n the next part of the paper there are considerations concerning the impact of the confiscation decision on the property situation of the convicted spouse. Finally, it is indicated which legal instrument the convicted spouse can use to enforce the protection of his or her property rights

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals The Right to Property and Property Rights as Objects of Possession, which is Committed by the Abuse of an Official by his Official Position (Part 2 of Article 191 of the Criminal Code of Ukraine)

2021 ◽  
Vol 1 (15) ◽  
pp. 126-149
Author(s):  
Pavlo Serhiiovych Berzin ◽  
Ruslan Anatoliiovych Volynets ◽  
Mykhailo Mykhailovych Khomenko
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Criminal Code ◽  
Property Right ◽  
Official Position ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
The Subject ◽  
Definition Of ◽  
The Right

The article analyzes the criminal and civil understanding of the concepts of "foreign property", "right to property" and "property law". Different meanings of these concepts are considered. Differences in criminal and civil law understanding of these concepts and their relationship are established. It is substantiated that the subject of possession provided for in p. 2 art. 191 of the Criminal Code is only someone else's property, not the right to property and property rights. It is substantiated that the concept of "property" in the relevant compositions of criminal offenses against property performs other functions than the concept of "property" in civil law, and that the criminal law understanding of property and civil law definition of property in p. 1 of art. 190 of the Civil Code are unequal (different). On this basis and taking into account the legal positions of the Supreme Court and the Supreme Court of Ukraine, the conclusion is formulated that the subject of possession in the relevant composition of criminal offenses against property can be only someone else's property, not the right to it or not a property actions. The concepts of “property right” and “right to property” are not identical, and the concepts of “property right”, the term "right to property" constitute real rights on the property, but no other rights that are not property. In view of this, the possession by an official by abusing his official position the right to property or, in other words, the possession by an official by abusing of the right to property cannot be qualified under the relevant part of art. 191 of the Criminal Code. In addition, the article analyzes the definition of "right to property", which affect the recognition of the right to property as a kind of "subject" of the so-called "selfish abuses" under art. 364, 364-1 of the Criminal Code. It is emphasized that when an official possession the right to property committed by abusing his official position, he cannot qualify under the relevant part of art. 191 of the Criminal Code, as there is no such mandatory feature of p. 2 of art. 191 of the Criminal Code of abuse as someone else's property that is the subject of abuse.

Living Wills and Medical Treatment of the Terminally Ill

1989 ◽  
Vol 2 (3) ◽  
pp. 32-37
Author(s):  
Douglas A. Schmeiser
Keyword(s):  
Civil Law ◽  
Terminally Ill ◽  
The United States ◽  
Living Will ◽  
Criminal Code ◽  
Living Wills ◽  
Medical Facility ◽  
Natural Death ◽  
Power Of Attorney ◽  
Legal Situation

A terminally ill individual may sign a living will, which is a document requesting to be allowed to die a natural death, have it witnessed and address this wish to a relative, physician, lawyer or medical facility. No legislation, however, exists in Canada concerning living wills. Consequently, establishing the legal situation is based on both legislative and non-legislative sources. This article explores implications of the Criminal Code, the application of rules of criminal and civil law, provisions of the Charter, living will legislation in the United States and the power of attorney approach regarding this controversial issue.

scholarly journals Challenging the State: Devolutionary Tenure Transitions for Saving and Expanding Forests

Human Ecology ◽  
2021 ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Rural Communities ◽  
Property Rights ◽  
Protected Areas ◽  
Forest Cover ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Property Relations ◽  
The Will ◽  
Customary Land

AbstractI address a contentious element in forest property relations to illustrate the role of ownership in protecting and expanding of forest cover by examining the extent to which rural communities may legally own forests. The premise is that whilst state-owned protected areas have contributed enormously to forest survival, this has been insufficiently successful to justify the mass dispossession of customary land-owning communities this has entailed. Further, I argue that state co-option of community lands is unwarranted. Rural communities on all continents ably demonstrate the will and capacity to conserve forests – provided their customary ownership is legally recognized. I explore the property rights reforms now enabling this. The replication potential of community protected forestlands is great enough to deserve flagship status in global commitments to expand forest including in the upcoming new Convention on Biological Diversity (CBD).

Islamic Finance as a Vehicle to Promote Improved Intellectual Property Rights in the Gulf Cooperation Council

2020 ◽  
Vol 13 (2) ◽  
pp. 407-442
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Integrated Approach ◽  
Gulf Cooperation Council ◽  
Intellectual Property Protection ◽  
Islamic Finance ◽  
Growth Sector ◽  
The Individual ◽  
The Impact

AbstractThe purpose of this article is to assess how Islamic finance can act as a vehicle to enhance the current intellectual property rights regime in the Gulf Cooperation Council (GCC). Islamic finance has developed within the constraints of sharia law and has been a growth sector for the GCC. This article will identify the main principles of Islamic finance that contribute to the success of Islamic finance, which can enhance intellectual property protection in the GCC. The main sharia-compliant areas to be considered are musharaka, mudaraba, murabaha, takaful, istisna, ijara, salam and sukuk. The article will outline the founding principles of Islamic finance, the governance of sharia boards, development of Islamic finance in the individual GCC states, different frameworks of sharia-compliant investment products and the impact of intellectual property rights on the varying Islamic finance investment tools. Furthermore, the article will discuss an integrated approach to intellectual property rights which learns lessons from the Islamic finance sector in relation to infrastructure, regulation and sharia compliance. The lessons learnt from Islamic finance will inform the overall framework of recommendations for an Islamic intellectual property model. The use of Islamic finance as a vehicle to promote better intellectual property rights in terms of defining a new intellectual property approach is novel. It is aimed at spearheading further research in this area, and it will form a part of the overall integrated approach proposals to intellectual property protection in the GCC and beyond.

Foreign Direct Investment, Intellectual Property Rights, and Productivity Growth

2014 ◽  
Vol 05 (03) ◽  
pp. 1440009
Author(s):  
Sasatra Sudsawasd ◽  
Santi Chaisrisawatsuk
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Productivity Growth ◽  
Direct Investment ◽  
Developed Countries ◽  
Outward Fdi ◽  
The Impact ◽  
Ipr Protection

Using panel data for 57 countries over the period of 1995–2012, this paper investigates the impact of intellectual property rights (IPR) processes on productivity growth. The IPR processes are decomposed into three stages — innovation process, commercialization process, and protection process. The paper finds that better IPR protection is directly associated with productivity improvements only in developed economies. In addition, the contribution of IPR processes on growth through foreign direct investment (FDI) appears to be quite limited. Only inward FDI in developed countries which creates better innovative capability leads to higher growth. In connection with outward FDI, only the increase in IPR protection and commercialization are proven to improve productivity in the case of developing countries, particularly when the country acts as the investing country.

Protection of intangible benefits as a priority form of legal protection

2021 ◽  
Author(s):  
Victoria Shesterina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Protection ◽  
Civil Protection ◽  
Judicial Practice ◽  
Innovative Methods ◽  
Intangible Benefits ◽  
Methods And Techniques ◽  
Moral Damage ◽  
The Russian Federation

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.

THE IMPACT OF THE DEVELOPMENT OF PROPERTY RELATIONS ON THE INSTITUTIONS OF ENTREPRENEURSHIP IN THE REPUBLIC OF AZERBAIJAN

2017 ◽  
Author(s):  
Vugar Nazarov ◽  
◽  
Jamal Hajiyev ◽  
Vasif Ahadov ◽  
◽  
...  
Keyword(s):  
Social Development ◽  
Large Scale ◽  
Private Property ◽  
Scale Transformation ◽  
Economic Relations ◽  
Property Relations ◽  
Property System ◽  
The Republic ◽  
The Government ◽  
The Impact

Local and foreign scientists are now paying growing attention to various issues of property and the philosophical and ethical, political, economic, institutional, social, psychological, and other aspects of its formation, taking into account the requirements of large-scale transformation, which primarily concern post-industrial areas of social development. In consequence, as modern studies rightfully point out, considering property relations, two general restrictions should be taken into account: this is an attempt to explain the absoluteness of their roles, the presence and content of all aspects of socio-economic relations by property relations; and the denial of the role of property as one of the most important factors determining the direction of social development in the present and future.This situation forces a new look at the economic policy of the state in this area, because any financial and monetary measures taken by the government will be doomed to failure if their implementation will be without interaction with the mechanisms of the private property system. The article defines the entrepreneurial sector of the region, its interaction with the institutions of the market system operating in all sectors and spheres of the region's economy, and also shows the influence of the development of property relations on the institutions of entrepreneurship.

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