Property Rights
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2021 ◽  
Vol 9 (205) ◽  
pp. 1-22
Gabriela Duarte Pinto

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.

2021 ◽  
Ulrika Kolben Waaranperä

Public Choice ◽  
2021 ◽  
Martin Rode

AbstractThe sport of surfing is best enjoyed with one rider on one wave, but crowding makes that optimal assignment increasingly hard to attain. This study examines the phenomenon of surf localism, whereby competitors are excluded from waves by intimidation and the threat of violence. An alternative way to accommodate crowds is contained in the surfer’s code, which sets informal rules and self-enforced regulations to avoid conflict in the water. Both regimes establish property rights over common pool resources with no state intervention, creating a setting wherein users face the question of cooperation or conflict. The disposition to cooperate and follow norms has been shown to vary substantially across different cultures, though. Employing data from over seven hundred surf spots on the European Atlantic coast, this study reports evidence that certain informal cultural norms significantly reduce the probability of violent exclusion, while formal state institutions mostly are irrelevant. The results also indicate that informal norms become more important with greater resource quality and, possibly, with increasing scarcity.

2021 ◽  
Vol 74 ◽  
pp. 33-47
Xiuyu TONG

The cultivation of intellectual property right talents who bear the mission of blockchain era becomes the key in the new breakthrough of integrating blockchain and intellectual property rights to form new sources of economic growth in the new/old kinetic energy conversion. Higher education is the major way to cultivate talents. Nevertheless, blockchain law courses currently offered by international colleges and universities are developed from technology fields of technology finance, distributed systems, and cryptocurrency, but not the instruction from legal perspectives. The experimental design model is applied in this study to the experimental research of students majoring in intellectual property rights in the same grade from same-level schools in Guangxi. Total 170 students are preceded the 16-week blockchain law knowledge on-campus experimental teaching. The research results show significant correlations between blockchain law course integrated multimedia dynamic teaching and learning motivation, remarkable correlations between blockchain law course integrated multimedia dynamic teaching and learning effectiveness, notably positive effects of learning motivation on learning effect in learning effectiveness, and significantly positive effects of learning motivation on learning gain in learning effectiveness. According to the results, suggestions are proposed, expecting to cultivate domestic students majoring in intellectual property rights, from legal vision, establishing the systematic way of thinking and knowledge system from know-why, to practical application, and then to legal regulations to enhance the learning effect of blockchain law knowledge and core skills to solve blockchain law issues of students majoring in intellectual property rights.

2021 ◽  
Vol 10 (2) ◽  
pp. 49-66
Rubén Méndez Reátegui ◽  
Edison Tabra Ochoa

This review article presents some preliminary considerations and describes the evolution of corporate social responsibility, which is necessary for an informed study of this “tool”. In that sense, the authors resort to a preliminary exploration of the conceptual framework of the legal-economic approach presenting social responsibility and the relationship that subsists with “property rights”, the relevance of “transaction costs”, among other aspects. They also explore the interrelation between social responsibility and its forms of legal exercise and its characterization in areas that involve linking it with workers, unions, and consumers. The aim is to highlight its importance and build a contribution where social responsibility will be studied from an analytical and empirical perspective. Thus, it is sought to conclude that the company considers implementing and complying with good corporate governance standards since they expand the shared vision of business management, effectively allocating resources to obtain the most significant benefits of establishing a corporate social responsibility regime. 

Richard Shay ◽  
Ndivhuwo Ishmel Moleya

This article discusses the recent decision in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ), which concerned a claim of trade mark infringement in terms of sections 34(1)(a) and 34(1(c) of the Trade Marks Act 194 of 1993 and unlawful competition on a developed reading of the common law. This article argues that the court arrived at the correct conclusion by the incorrect means and failed to adequately construe the array of constitutional interests and considerations that pertained to the matter on the facts. Further, the lack of clarity on the appropriate constitutional port of entry for the judicial enquiry unnecessarily leaves future courts guessing regarding the correct methodology to employ in cases where intellectual property rights are asserted in opposition to constitutional rights and interests. It is argued that the transformative impetus of section 39(2) of the Constitution of the Republic of South Africa, 1996, as well as numerous substantive constitutional provisions are undermined when courts neglect to anchor judicial reasoning in the constitutional context and merely apply a constitutional veneer to whatever outcome has already been reached. Accordingly, we argue that courts are under a general obligation to root all adjudication in constitutional norms and method, which, we submit, secures a thicker concept of the value of liberty than has been produced in this decision.

Energies ◽  
2021 ◽  
Vol 14 (18) ◽  
pp. 5707
Wu-Shun Tee ◽  
Lee Chin ◽  
Abdul Samad Abdul-Rahim

Climate change and finite energy supply issues have received substantial public attention in recent times. It has been argued that a sustainable energy supply associated with the promotion of clean energy is an important engine of growth, which calls for sound protection to reinforce investments in the renewable energy market. This paper examined the effect of intellectual property rights (IPRs) on renewable energy production using the dynamic panel generalised method of moments (GMM) technique on data from 59 sample countries. The empirical results provided strong evidence that IPRs significantly drive renewable energy production. Greater protection rights motivate renewable energy firms to increase energy production from renewable resources. Our findings further revealed that stronger protection propagates the deployment of renewable energy technologies that ultimately promote renewable energy production.

2021 ◽  
Vol 17 (30) ◽  
pp. 69
Ekaterine Nandoshvili

This paper focuses on analyzing the norms regulating joint rights, presents their shortcomings, and criticizes the misconceptions expressed in the legal literature about the types of common property, joint rights, and co-ownership. The paper considers the incompleteness of the provisions regulating the legal consequences of the abolition of joint rights as a serious shortcoming of the Civil Code of Georgia. A novelty is a mechanism proposed in this paper, and it is possible to assign the entire property to one of the participants in case of abolition of joint right, in exchange for compensation for the shareholder who requests the abolition of joint right and the allocation of the amount. The objective of the paper is to analyze certain aspects of the regulation of joint rights, which, together with the theoretical, have the practical importance that will contribute to a correct understanding of a number of issues and the correct qualification of the rights and obligations of participants of the legally binding relationship, rising on the basis of joint rights. To achieve this objective, logical and systematic analysis of norms as well as comparative-legal methods are used. Using these methods, it is possible to determine the strengths and weaknesses of the norms of Georgian law or to better understand their content, to identify gaps in the legislation in court practice, as well as to develop proposals and recommendations for the improvement of norms and practice. The problems are analyzed using the examples of Georgian, German, and Swiss civil law. The common features and shortcomings were identified between the Georgian and German models regarding the issue of the consequences of the abolition of joint rights. The Swiss model appears to be the most perfect and effective model among the named ones. The study found that neither in practice nor under the law is a shareholder allowed to sell the joint item in an auction by redeeming the shares of other owners. The extinction of this opportunity for the owner reduces the essence of ownership. In order to extend the guarantees for full protection of the property rights, a view is proposed on the need to develop an approach, similar to the Swiss model, and the implementation should be ensured by case law before the law is changed.

Hryhorii Dorozhko ◽  
Alla Romashko ◽  
Liudmyla Kravets ◽  
Oksana Poladko

Keywords: scientific and technical information, intellectual property, trade secret,invention, utility model, rationalization proposal, WIPO PROOF, management system The article is devoted to defining terms for information inorder to use it effectively. New scientific and technical information is particularlyhighlighted. It is of particular value for commercialization processes. Objects of newinformation that may be objects of intellectual property rights are highlighted. It isshown that there are inconsistencies in the legislation of Ukraine regarding these objects.This applies to such objects as know-how, trade secrets, and innovation proposals.Unclear definitions of them as objects of intellectual property rights effect the effectiveness of their use. This will affect their sharing and the transfer of rights tothird parties.The problem of protecting new information is particularly investigated. The dangerof its illegal use arises already at the stage of creation. The analysed practice ofprivacy violations has shown this. The main reason that was identified is the lack ofcompetence of those who have access to it. This is especially true for information thatis subject to intellectual property rights. Many of them have poor knowledge of themethod of checking for patent purity and approaches to determining secrecy.A method for using WIPO PROOF is proposed. It allows you to confirm the existenceof an information file of a particular author at the time of its registration. Thearticle shows the possibility of using the ISO9001: 2015 and ISO/IES 27001 standardsBy the ISO/IES 270001 standard “Information technology — Securitytechniques — Information security management systems — Requirements” in 2019alone, the International Organization for Standards issued more than 67 thousandcertificates, which indicates its demand in the business environment.It was stated that in Ukraine it is necessary to resolve the issue of controversial informationproducts and actively use methods for its protection. Recommendationswere made to organizations on information resource management. This is the mainway to effectively develop them in modern conditions.

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