scholarly journals Les droits de superficie et l'imprécision du langage juridique

2005 ◽  
Vol 19 (4) ◽  
pp. 1109-1114
Author(s):  
Jean Goulet
Keyword(s):  
Civil Code ◽  
The Other ◽  
The Real ◽  
Real Nature ◽  
The Right

This comment points out a confusion among both French and Canadian authors about the real nature of the right of superficies. Under the single name of this jus in re, two institutions must be distinguished. One should more aptly be called "superficiary property" ; it bears on the upper portion of the land, excluding the soil but including a consecutive right of accession, within the meaning of art. 414 of the Civil Code. The other institution subsumed under the same name is the "right of superficies" proper, conferring ownership of the buildings or improvements made on the land, but without implying any conveyance, from the owner of the land to the beneficiary of the right of superficies, of property in the soil. In that sense, the right of superficies stands in relation to the ownership of the land as a dismemberment of that ownership, which is incomplete since the right of accession under art. 414 belongs to another party.

KEPEMILIKAN DAN PENGUASAAN OBJEK JAMINAN FIDUSIA APABILA TERJADI SENGKETA WANPRESTASI DALAM PERJANJIAN KREDIT

2020 ◽  
Vol 8 (1) ◽  
pp. 78
Author(s):  
Dija Hedistira ◽  
' Pujiyono
Keyword(s):  
Economic Benefits ◽  
Civil Code ◽  
The Other ◽  
Third Party ◽  
Analysis Method ◽  
The Law ◽  
The Right

<p>Abstract<br />This article aims to analyze the ownership and mastery of a fiduciary collateral object, in cases that often occur today, many disputes between creditors and debtors in fiduciary collateral agreements are caused because creditors assume that with executive rights as fiduciary recipients, the fiduciary collateral object legally owned by creditors and creditors the right to take and sell fiduciary collateral objects when the debtor defaults unilaterally, as well as the debtor who considers that the fiduciary collateral object is owned by him because the object is registered on his name, so that the debtor can use the object free as  giving to a third party or selling the object of fiduciary guarantee unilaterally. the author uses a normative <br />juridical approach, and deductive analysis method based on the Civil Code and fiduciary law applicable in Indonesia, Law No. 42 of 1999 concerning Fiduciary Guarantees. The conclusion of the discussion is the ownership of the object of the Fiduciary Guarantee is owned by the debtor in accordance with the Law, mastery of the object of collateral controlled by the debtor for economic benefits, the procedure of execution The object of Fiduciary Guarantee is carried out in accordance with the Fiduciary Guarantee Act, an alternative mediation in resolving the dispute. There needs to be clarity in the use of language in making a law, so as not to conflict with each other between Article one and the other Articles.<br />Keywords: Ownership; Mastery; Object of Fiduciary Guarantee; Debtor; Creditors.</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis tentang kepemilikan dan penguasaan suatu objek jaminan fidusia, dalam kasus yang saat ini sering terjadi, banyak sengketa antara kreditur dan debitur dalam perjanjian jaminan fidusia disebabkan karena kreditur beranggapan bahwa dengan adanya hak eksekutorial sebagai penerima fidusia, maka objek jaminan fidusia tersebut secara sah dimiliki oleh kreditur dan kreditur berhak mengambil dan menjual objek jaminan fidusia saat debitur cidera janji<br />(wanprestasi) secara sepihak, begitupun dengan debitur yang menganggap bahwa objek jaminan fidusia tersebut dimiliki olehnya karena objek tersebut terdaftar atas namannya, sehingga debitur dapat mempergunakan objek tersebut secara bebas seperti menyerahkan kepada pihak ketiga atau menjual objek jaminan fidusia tersebut secara sepihak. penulis menggunakan pendekatan yuridis normatif, dan metode analisis deduktif yang didasarkan pada Kitab Undang-Undang Hukum Perdata<br />dan hukum jaminan fidusia yang berlaku di Indonesia, Undang-Undang No. 42 Tahun 1999 tentang Jaminan Fidusia. Kesimpulan pembahasan adalah Kepemilikan Objek Jaminan Fidusia dimiliki oleh debitur sesuai Undang-undang, penguasaan objek jaminan dikuasai debitur untuk manfaat ekonomis, prosedur eksekusi Objek Jaminan Fidusia dilakukan sesuai dengan Undang-Undang Jaminan Fidusia, alternatif secara mediasi dalam menyelesaikan sengketa yang terjadi. Perlu ada kejelasan dalam<br />penggunaan bahasa pada pembuatan suatu Undang-Undang, agar tidak saling bertentangan antar Pasal satu dengan Pasal yang lainnya. <br />Kata Kunci: Kepemilikan; Penguasaan; Objek Jaminan Fidusia; Debitur; Kreditur.</p>

scholarly journals KAJIAN PENGGUNAAN LABORATORIUM VIRTUAL BERBASIS SIMULASI SEBAGAI UPAYA MENGATASI KETIDAK-SEDIAAN LABORATORIUM

2017 ◽  
Vol 8 (2) ◽  
pp. 323-330
Author(s):  
Rina Mirdayanti ◽  
Murni
Keyword(s):  
The Other ◽  
Practical Work ◽  
Virtual Laboratory ◽  
Research Use ◽  
Laboratory Equipment ◽  
The Real ◽  
Is Research ◽  
Virtual Lab ◽  
Basic Physics ◽  
The Right

The ability to use practical tools for students is a must in the basic Physics practical courses. In fact often happens is not adequate for laboratory tersediannya the implementation of practical, so that the process of teaching being constrained. To like the other problems like this needed a media device such as a software-based virtual lab simulations that can be used in the teaching of basic physics. This research aims to analyze the exact effort that can be done to overcome the lack of sedian laboratory equipment. This type of research is research use approach to the study of literature. The expected results of this literature is the emergence of an understanding of basic physics lab course in conducting with virtual laboratory as a means to address the issue of sedian in the real Labs. This virtual lab so that it can be the right solution for students and teachers in carrying out practical work.   Abstrak Kemampuan menggunakan alat-alat praktikum bagi siswa merupakan suatu keharusan dalam mata pelajaran Fisika Dasar. Pada kenyataannya yang sering terjadi adalah tidak tersediannya laboratorium yang memadai untuk pelaksanaan praktikum, sehingga proses praktikum menjadi terkendala. Untuk mensiasati permasalahan seperti ini dibutuhkan sebuah media seperti perangkat software laboratorium virtual berbasis simulasi yang bisa digunakan dalam praktikum  fisika dasar. Penelitian ini bertujuan untuk menganalisis upaya yang tepat yang dapat dilakukan untuk mengatasi ketidak-sedian  peralatan  laboratorium. Jenis penelitian yang gunakan adalah penelitian dengan pendekatan studi literatur. Hasil yang diharapkan dari literatur ini adalah munculnya pemahaman dalam melaksanakan praktikum fisika dasar dengan laboratorium virtual sebagai sarana untuk mengatasi persoalan ketidak-sedian laboratorium secara nyata. Sehingga laboratorium virtual ini dapat menjadi solusi yang tepat bagi siswa dan guru dalam melaksanakan praktikum. Kata kunci: Praktikum, Ilmu Sains, Laboratorium Virtual, Pemahaman Konsep

scholarly journals XX. Discovery of the metamorphosis in the second type of the cirripedes, viz. the lepades, completing the natural history of these singular animals, and confirming their affinity with the crustacea

1835 ◽  
Vol 125 ◽  
pp. 355-358 ◽  
Keyword(s):  
North America ◽  
Natural History ◽  
Sea Water ◽  
The Other ◽  
External Appearance ◽  
The Real ◽  
Real Nature ◽  
History Of ◽  
The Mediterranean ◽  
The Waves

The Fourth Memoir, published in my Zoological Researches and Illustrations, No. III. page 69, &c., having first made known the real nature of the Cirripedes , the key of which remained concealed in their metamorphosis, it might have been expected that some naturalist favourably situated to investigate the oceanic tribe of these animals, would have been the first to make the same discovery in regard to these, and thereby complete their natural history. It was scarcely to be expected that the honour of this discovery also should be reserved for the author, fixed to one spot, where none of them naturally exist, and are but casually thrown upon our shores by the waves of the Atlantic, attached to pieces of wreck, or brought into port fixed to the bottoms of ships returning from distant voyages. Fortunately, however, two ships of this description came into this harbour (Cork), one from the Mediterranean, the other from North America, which, not being sheathed with copper, had their bot­toms literally covered with Barnacles of the three genera of Lepas , Cineras , and Otion ; and having persons employed expressly for the purpose, numbers of these were brought alive in sea water, amongst which were many with the ova in various stages of their progress, and some ready to hatch, which they eventually did in prodigious numbers, so as to enable him to add the proof of their being, like the Balani, natatory Crusta­cea in their first stage , but of a totally different facies and structure; a circumstance which determines the propriety of the separation of the Cirripedes into two tribes, and evinces the sagacity of Mr. MacLeay in being the first to indicate that these two tribes, the Balani and Lepades , were not so closely related as generally supposed. The larvæ of the Balani , described in Memoir IV. under the external appearance of the bivalve Monoculi ( Astracoda ), have a pair of pedunculated eyes, more numerous and more completely developed members, approximating to those of Cyclops , and of the perfect Triton ; while, in the present type, or Lepades , the larva resembles some­what that of the Cyclops , which Müller, mistaking for a perfect animal, named Amymone , and which can be shown to he common to a great many of the Entomostraca ; or the resemblance is still more striking to that of the Argulus Armiger of Latreille, which, in fact, is but an Amymone furnished with a tricuspidate shield at the back.

scholarly journals Truly Accountable Marketing: The Right Metrics for the Right Results

2015 ◽  
Vol 7 (1) ◽  
pp. 8-15 ◽  
Author(s):  
Koen Pauwels
Keyword(s):  
Field Experiments ◽  
Optimal Allocation ◽  
Informed Decision ◽  
The Other ◽  
Real Word ◽  
The Real ◽  
Organic Growth ◽  
Marketing Accountability ◽  
The Right ◽  
Key Questions

Abstract Marketing accountability is essential for sustained organic growth, but the challenges to it loom large. The major steps in truly accountable marketing include defining the right results, using the right metrics and finally acting upon the collected insights. To identify the right metrics one has to start with defining the right results: What is the informed decision that needs to be made? But getting data-based answers to key questions is only half the battle. Actually acting upon it is the other half, and often companies are reluctant to change. To create momentum, marketing and finance need to pull together, and the selected metrics need to be useful to both mind-sets. Other proven ways to overcome resistance to data-based recommendations include moving to the proposed optimal allocation gradually and demonstrating the real-word gains through field experiments. When companies succeed in establishing truly accountable marketing, they improve and simplify recurring and quantifiable decisions, which leaves them more time to scan the environment for new opportunities and allows them to take smarter risks.

Debt and Contract in the Common Law

1966 ◽  
Vol 1 (1) ◽  
pp. 60-98 ◽  
Author(s):  
A. V. Levontin
Keyword(s):  
Income Tax ◽  
Common Law ◽  
The Real ◽  
Real Nature ◽  
The Common ◽  
The Difference ◽  
The Government ◽  
The Right ◽  
As If

The difference between what a man already owns, or property, and what he is only entitled to claim, or obligation, is fundamental. A debt represents what a man is entitled to claim, but because of its proximity to a claim in detinue and for other reasons to be hereafter discussed, it is for many purposes treated as if it were something that a man already owns. The owner of a debt may not help himself by seizing what he is owed and must, like the owner of any chose in action, implement his right with the cooperation of the debtor or else by resort to the courts. Nevertheless, he who owns a debt enjoys a peculiarly “strong” right. This strength derives in part from the “real” nature of the right; by virtue of this a creditor, such as a lender or an unpaid vendor, is treated in some respects almost as if he were already the owner of what is owed, in particular a lender as if he went on owning the money lent to the borrower. And even in cases where a debt does not originate in a real transaction (as, for instance, a judgment-debt or income tax owed to the government, in which cases the creditor has not previously given that, or the equivalent of that, which he now claims) it is still “strong” because the object in obligatione, viz. money or other fungibles, is “indestructible” and therefore a debt cannot be frustrated by impossibility.

scholarly journals A vagyoni értékű jogok apportálhatósága és az egységes szabályozás hiányának problematikája

2015 ◽  
Vol 12 (3-4) ◽  
pp. 114-120
Author(s):  
Zóra Zsófia Lehoczki
Keyword(s):  
Real Estate ◽  
Income Tax ◽  
Civil Code ◽  
Personal Income ◽  
The Other ◽  
Personal Income Tax ◽  
The Real Estate ◽  
Judicial Practice ◽  
Other Hand ◽  
The Right

According to the new Hungarian Civil Code, the funders of the legal entities have to make contributions to the authorised capital and the two forms of these contributions are the contribution is cash and the contribution in kind. The regulation states that proprietary rights can also be transferred to the capital of businness accociations, by those funders, who are entitled to demise them. The judicial practice unanimously defined the rules in those cases, when the object of contribution in kind is a certain proprietary right, especially when the right is connected to the real estate. On the other hand, the Civil Code does not contain a list of those proprietary rights, which can be transferred to the authorised capital and unfortunately, different acts contain different lists of these rights. The three mentioned acts are the following: the personal income tax act, the act about the fees and the accounting act. All of them contain a list of proprietary rights and some of the items are regulated by all the three of them but most of the items are different, which means it is impossible to create an accurate list of these rights. For example, the list in the personal income tax act contains only five items, on the other hand, the accounting act contains two lists and both of them are unfinised. Because of the lack of unified rules, it is impossible to define which proprietary rights can become the objects of contribution in kind and this misfortunate situation causes a lot of unwanted indefinability and states a lot of questions. In my essay I introduce this problem and I use a chart to illustrate the differences between the mentioned lists. In my opinion, this problem could be solved with an unified list, which is normative for every regulation in connection with the proprietary rights or the Civil Code should contain a list of those proprietary rights, which can be the objects of contribution in kind.

scholarly journals DIREITO REAL DE HABITAÇÃO: CONFLITO ENTRE O DIREITO REAL DE HABITAÇÃO E O DIREITO À HERANÇA, E A POSSÍVEL MITIGAÇÃO NO CASO CONCRETO POR MEIO DO JUÍZO DE PONDERAÇÃO

2021 ◽  
Vol 9 (205) ◽  
pp. 1-22
Author(s):  
Gabriela Duarte Pinto
Keyword(s):  
Civil Code ◽  
Fundamental Rights ◽  
Property Law ◽  
Real Property ◽  
The Real ◽  
Community Property ◽  
The Family ◽  
Property B ◽  
The Right ◽  
Status Of Women

The real property law is a legal institution of civil law, introduced in the Civil Code of 1916 by Status of Women Married - Law nº 4.121 / 1962, which required numerous requirements for its grant and maintenance, namely, (a) were married under the regime of community property; (b) during his lifetime; (c) and remained widow; (d) subject to the inheritance share, the property should be for the family residence and, finally, (e) were the only asset of this nature to inventory. With the advent of the Civil Code of 2002, however, it was extended to all property regime, removed the final term and with the Domestic Partnership Act, It was no longer needed that it was the only good of that nature to inventory. It was questioned the extent of its application in this case and the need for consideration to not fade the right to inheritance. Analyzed the rights involved, Right to inheritance, Property Rights, Right to living and the Real Property Law. It was concluded that the interpreter of the Law must, before the case, carry out the judgment of balancing the conflicting fundamental Rights so that there is maximum preservation of conflicting values, and hence the greatest achievement of constitutional values.

scholarly journals Kewenangan Kepolisian Memanggil Notaris Untuk Mendapatkan Keterangan Dan Klarifikasi Terhadap Perkara Tindak Pidana

2019 ◽  
Vol 1 (2) ◽  
pp. 89-99
Author(s):  
Agus Kurniawan
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
Police Investigation ◽  
Other Hand ◽  
Research Problems ◽  
The Law ◽  
Notary Public ◽  
The Right ◽  
Investigation Process

Penelitian ini bertujuan untuk mengkaji dan perlindungan hukum hak-hak tenaga kerja yang perusahaannya diputus Pailit. Permasalahan penelitian, Pertama, Bagaimanakah Perlindungan Hukum Terhadap Hak-Hak Pegawai Dalam Kepailitan Perusahaan; Kedua, Bagaimanakah Upaya Hukum Yang Dapat Dilakukan Pekerja Jika Tidak Memperoleh Hak Sebagai Kreditor Istimewa/Preference. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan yang bersifat kualitatif. Hasil penelitian bahwa Perlindungan hukum terhadap hak-hak karyawan dalam kepailitan perseroan adalah melindungi hak-hak dan kepentingan dari para karyawan selaku stakeholders perusahaan. Kewenangan pengadilan niaga dalam tuntutan karyawan atas upah atau uang pesangon yang tidak dibayar oleh perseroan dalam memindahkan kewenangan mutlak (absolut) dari pengadilan umum untuk memeriksa permohonan pailit. upah pekerja dalam pemenuhan adalah utang harta pailit, sebelum didistribusikan kepada kreditor biaya kepailitan harus dibayar didahulukan, termasuk kreditor separatis. This study aims to analyze the authority of the police investigation and investigation process of notaries. Research problems, First. what is the authority of the police in the process of investigating and investigating notaries. Second, how does the legal protection of notaries in the process of investigation and investigation ?. The results showed that the authority of the Police in the process of investigating and investigating Notaries after the issuance of the Law of Notary Position Number 2 of 2014 was that between the Police and Notary Public must understand about their respective authorities that have been regulated by the Law, namely if the Notary Public has a problem with the deed he made then the Police / Investigator can call the Notary public directly as a witness / suspect but on the other hand the Notary in assuming his position has the right to deny the confidentiality of his act in accordance with Article 4 Jo Article 16 Jo Article 54 Jo Law No. 2 of 2014, then based on Article 170 paragraph 1 KUHAP and Article 1909 paragraph 2 number 3e of the Civil Code in this case the Police must also understand the principle of legal presumption (Vermoedanvan Rechtmatigheid) or Presumptio lustae Causa

scholarly journals Art. III.—Notes on the Ruins of Muqeyer

1854 ◽  
Vol 15 ◽  
pp. 260-276
Author(s):  
J. E. Taylor
Keyword(s):  
The Other ◽  
General Shape ◽  
The Real ◽  
Sand Hills ◽  
Slight Elevation ◽  
The Right

Muqeyer, in Arabic, signifies “bitumined,” or “covered with bitumen,” its root being . The Arabs of the country about Baghdad, Suk süh Shuyükh, and Busrah, universally give the Arabic (Qaf) the sound of the English g, and muqeyer then with them becomes mugeyer. This corrupt pronunciation has led foreign travellers astray as to the real meaning of the word, which they have interpreted “overturned;” “changed,” spelling the name of the ruins Megheyer, Megkalir, and sometimes also Umgheir. The reason for its present name, which is modern, is obvious to the visitor, as everywhere are to be seen large pieces of bitumen, and remains of masonry, formed by kiln burnt bricks, imbedded in the same material. The ruins are situated sixteen miles N.W. by N. from Sük ush Shuyükh, and six miles due west from the northern end of Arjé village, on the right bank of the Euphrates. Muqeyer itself is buílt upon a slight elevation; the country all about it is, however, so low, that, during the annual flood of the Euphrates, the whole becomes a marsh, and the ruins themselves an island in the middle. Seven miles west of Muqeyer is, a long, low range of sand hills (abounding in sand stones and pebbles), which bounds the district known by the Arabs as the Hejerra, and which terminates about eight miles N.W. of Semaweli. Between the ruins and this ridge the ground gradually descends for five miles; it then as gradually ascends for two, up to the summit of the ridge. At the other side is the valley or hollow of Abu Shahrezer. This ridge is called the Hazem. The plan will, I hope, convey a good idea of the general shape of the ruins and of the mounds composing them, together with the spots at which excavations were made. Plate 1 is a sketch of the principal building from the northern face. This is not, I must observe, exact in detail, and was only made to give an idea of the building as it at present exists. To these (and Plate 2, which is a sketch of a part of the same building) I shall refer, to elucidate my report, and to point out the different spots where the most interesting relics were discovered.

scholarly journals A Comparative Study of Concept and Bases of Frustration of Purpose Doctrine in Iranian and English Law

2016 ◽  
Vol 12 (11) ◽  
pp. 86
Author(s):  
Mohammad Reza Maleki ◽  
Ali Mohammadzadeh
Keyword(s):  
Comparative Study ◽  
Civil Code ◽  
The Other ◽  
Class A ◽  
Iranian Law ◽  
English Law ◽  
The Right

<p class="a"><span lang="EN-US">After the conclusion of contract its parties are obliged to perform their contract. If one of the contract parties does not enforce it by some reasons, the other party has the right to bind him to perform the contract. In some cases the non-performance of obligation is not based to the denial of obligator. In English Law, an idea under the title of discharge by frustration has been devoted to this issue and other reasons have been enumerated for it. In this between, Sometimes without the performance of contract is unenforceable, the conditions come into existence which the parties purpose of conclusion of contract are affected and the performance of contract for one or two parties become useless. In this case, the performance of contract is not encountered physically and legally with problem, but the parties intention of conclusion of contract is not within reach anymore. This issue has been set forth for discussion under the title of frustration of purpose and it is a part of the theory of discharge by frustration. In Iranian law, such a theory has not been recognized, but considering some articles of the Civil Code including articles 480,527,551 which seem the bases of this theory are rooted in them, one could believe in this theory in Iranian Law. In this article we intended with the use of reliable sources to have a deliberation in the concept and bases of frustration of purpose doctrine in Iranian and English law.</span></p>

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