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Muzyka ◽  
2021 ◽  
Vol 66 (3) ◽  
pp. 148-184
Author(s):  
Nicolò Ferrari

Recent research into the manuscript Napoli, Biblioteca Nazionale, VI.E.40 (I-Nn 40) has led to the identification of the coat of arms present at the end of the manuscript, and to a new updated codicological description. The same coat of arms is present also in a 1476 printed book of Pliny the Elder’s Historia Naturalis belonging to the rather obscure de Janly family of Burgundy, made up of courtiers and civil servants, ennobled in the first half of the fifteenth century. Discussed in this article are three members of the de Janly family who might have been the original owner of I-Nn 40, with Philibert de Janly identified as the most plausible candidate. The historical context of ownership and gift-giving typical of Burgundian courtiers of the new nobility is discussed, as well as manuscript’s donation to Beatrice of Aragon, and its history after it left Burgundy. The article also presents a new codicological description of the manuscript, offering new insights into its preparation and the copying process.


2021 ◽  
Vol 51 (2) ◽  
pp. 111-128
Author(s):  
Marek Novák

It follows from the case law of the Supreme and Constitutional Court that everyone has the right to leave immovable property if they do not illegally avoid liability for non-fulfilment of their own obligations. The legal institute of dereliction has its origins in Roman law, which emphasized the free will of the owner deciding to abandon property. The dereliction of real estate according to the Civil Code in effect takes place by the legal action itself, by which the owner expresses the will to abandon the thing. Declaratory nature of property registration in the real estate cadastre might follow the recodification work in the 1920s and 1930s, as it differs from the General civil code (ABGB) regulation. Moreover, the Civil Code is influenced by socialist legislation when it transfers abandoned real estate to state ownership automatically. Although this was originally considered a measure in favour of the society, it is likely to cause difficulties. In recent years, laconic provisions of the Civil Code have provoked a discussion on the requisites of the application for the registration of state ownership in the real estate cadastre. The cadastral offices and some courts initially considered that the application must be accompanied by a consent statement from the original owner and the state, which, however, contradicts the characteristic of dereliction as a unilateral act. The Supreme Court strongly opposed this practice and interpreted the nature of dereliction in its decisions in detail.


2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Mohammad Islam
Keyword(s):  

Sangeeta Bandyopadhyay (b. 1974), a modern feminist writer, promotes and celebrates women’s freedom that the women seek to enjoy both physically and psychologically. Bold and candid, Bandyopadhyay exposes “hardcore sexuality” into her work, going against the flow in society. Panty, one of her best-known works, is a novella about a nameless woman who goes through surreal experiences. The novella is set in contemporary Kolkata, a boisterous metropolis, where women work at part with men, but still the women feel a sense of inferiority. The woman in the novella enters a dark apartment, owned by a mysterious man with whom she has a complicated relationship, at night and finds a soft and silky panty in leopard-skin print. Circumstances force her to wear the panty, and just then she begins to imagine its original owner along with her wild sexual life. The rest of the story evolves around the woman’s imagination, her love, sex, loneliness, uncertainty, fear, anxiety, and so forth. This article analyzes how a woman struggles to achieve a secure space in society as well as an established identity. The article also explores how a woman navigates between love and sex, freedom and dependence, and continues to search for a life that she has not yet lived. 


Author(s):  
Rofiqotur Riskiyah

This study aims to find out about how Ijma 'review of the concept of bai'al-wafa'. This study uses Library Resech research with a descriptive approach. The data sources of this research were collected from several books and journals which were analyzed using the Miles and Huberman analysis method which includes three lines, namely data reduction, data presentation and conclusion or verification. The results of this study concluded that from the results of the ijma'para ulama about bai'al-wafa 'there were differences of opinion, where the opinions of both were strengthened by the arguments and reasons of each ulama. According to the hanafiyah ulama, the occurrence of bai'al-wafa 'is allowed because the purpose of using bai'al-wafa' is to avoid usury which continues to grow among the community. Bai'al-wafa 'when viewed from ihtihsan' urf, which is something that has been carried out by society and has been considered good. Meanwhile, according to the jumhur of other scholars, the bai'al-wafa 'is not allowed, because in the sale and purchase there is no grace period and conditions that state that the purchased goods must be returned to the original owner at the same price, therefore according to the scholars the use of bai'al-wafa 'is not justified.Keywords : Bai’al-Wafa’, Consept Bai’al-Wafa’, Ijma’


2021 ◽  
Vol 4 (1) ◽  
pp. 358-364
Author(s):  
Wahyu Krisnanto

The purpose of this research was to find out the contribution of Balai Besar Bromo Tengger Semeru National Park (TN-BTS) from the utilization of tourism in TN-BTS to the Tengger indigenous people as the original owner of the Bromo-Tengger Semeru area as well as to know the solutions that can be done by the Balai Besar TN-BTS to contribute in improving the welfare of Tengger indigenous people living in the national park. This research is qualitative research with an explanative approach, where the interviewed informants were selected using a purposive sampling technique and analyzed with ethnographic analysis techniques. From the results of the research, it is known that Balai Besar TN-BTS has conducted a program of development and utilization of national parks for tourism object activities as well as community empowerment as a form of direct contribution to the improvement of the welfare of Tengger indigenous peoples. However, both development programs have not been able to answer the priority needs of Tengger indigenous peoples. The limitations of authority and main functions owned by Balai Besar TN-BTS become an obstacle for them to be able to contribute to the improvement of the welfare of Tengger indigenous peoples. As a strategic effort so that Balai Besar TN-BTS can contribute directly to the improvement of the welfare of Tengger indigenous people who live in the village within the National Park zone is to share the revenue of National park tourism activities. However, this strategic effort needs to be accompanied by a change in the status of Balai Besar which was originally the Technical Implementation Unit (UPT) of the Minister of Environment and Forestry to the Public Service Agency (BLU).


2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Nadezhda Alekseeva ◽  
Alexander V. Dorofeev

Motives: In all countries of the world there are objects of the accumulated environmental damage (AED), regardless of the recognition of their presence by the state itself or their legislative regulation. The legal mechanism for the development of this regulation is of significant interest from the point of view of both, science and practice. Aim: The determination of the existence of regulation of the objects of the accumulated environmental damage, in most countries and its comparative characteristics became the aim of following study, to identify the positive experience in such regulation and to see whether it is suitable for Russian legislation, including the possibility of borrowing those norms of law and its incorporation into national legislation. Results: Russian law has a determination of the accumulated environmental damage, as most of the European countries do (not the third-world ones), but there is no definition for the further AED-conception. The amount of damage has to be determined in a particular area or of a concrete natural resource. Unfortunately, in developing countries, such information regarding the objects of accumulated environmental damage is not so widely presented, although such a problem is acute in these countries. The AED is one of the market failures as been based on a permission for environmental pollution. The legal regulation of the Russian Federation: it is necessary to impose responsibility for the leveling and elimination of such an objects on the original owner who acquired the land plot with the AED-object (on the basis of an agreement or the law rules even if the legal entity liquidated). It is necessary to provide real access to information feather land users (the potential purchaser – about the features of the object). The legislator has to develop and detail more carefully the rules on public-private partnerships for liquidation AED-objects.


2021 ◽  
Vol 42 (1) ◽  
pp. 29-48
Author(s):  
Markéta Křížová

Julius Nestler, high school teacher and amateur archaeologist from Prague, brought home more than 3,500 archaeological and anthropological artifacts from his expedition to Bolivia (1909–1912). At present they are in the possession of the Náprstek Museum in Prague. a smaller corpus of human bones, especially skulls, some deformed (elongated) and/or trepanned, were deposited at the Hrdlička Museum of Man (Charles University in Prague). Nestler’s second collection has not, so far, re­ceived much attention from anthropologists, museologists or historians of science, one of the reasons probably being the fact that there is no preserved documentation as to its provenance. Sources dispersed in several archives and publications made it possible to ascertain Nestler’s motivation for collecting human remains, the location where he collected them, and the circumstances of their sale to Charles University. The article also aspires to insert the collection and its original owner into the broader context of anatomical and anthropological disciplinary practices in the Czech Lands in the first decades of the 20th century.


Author(s):  
Khoerul Umam

The spread of digital media on the internet was very broad, fast, and cannot be monitored in a structured manner about what media has been uploaded and distributed on the internet network. The spread of digital media like this was very difficult to detect whether the media that shared was privately owned or that of others that is re-shared by media theft or digital media piracy. One step to overcome the theft of digital works is to give them a watermark, which is an identity that is placed on top of the work. However, this is still considered unsafe because the identity attached can be cut and manipulated again until it is not visible. In addition, the use of Steganography method to hide messages in an image can still be manipulated by adding messages continuously so that it accumulates and damages the original owner of the image. In this article, the author provides a solution called Digital Watermarking, a step of encrypting the data of the original owner of the work and putting it into the image of his work. This watermark cannot be seen clearly, but actually in the media there is encrypted data with a strong Advanced Encryption Standard (AES) method. As a result, a tool that can improve the security of media owner data by combining the AES and Steganogaphy methods in the formation of new media that cannot be changed anymore. So, when the media is stolen and used by others and has been edited, the owner's personal data can never be changed.


2020 ◽  
Vol 90 (3) ◽  
pp. 31-39
Author(s):  
К. І. Варава

Property right is one of the key legal institutions of society, and the protection of property right plays an important role in guaranteeing this institution. The issue of protection of property right remains problematic, when there is a conflict of interest between bona fide purchasers and original owners, especially in cases where the original owner is the state or local community, which misused the property and therefore, initiated the process of illegal transfer of the property right. There are serious differences in law-enforcement practice regarding the views on resolving disputes over the recovery of state or municipal property from bona fide purchasers. The most problematic in these cases is the establishment whether the property was taken out of the possession of the owner or the person to whom he transferred the property into possession, not on their will (paragraph 3 of Part 1 of the Art. 388 of the Civil Code of Ukraine). They usually try to prove the illegality of the decision of public authorities or local self-government agency in these cases and that their actions were committed in excess of authority. The author has studied the problematic issues of deprivation of the property right of a bona fide purchaser due to illegal actions of public authorities in case of concluding agreements on this property. Aspects of proportionality of state intervention into the property right of a person in accordance with the standards of the European Court of Human Rights have been analyzed, taking into account the principle of proper administration. When deciding on the possibility of depriving a person of property due to an error made by a public authority, the following should be taken into account: 1) the position of the ECHR, according to which the need to correct a former “error” should not disproportionately interfere with the new right acquired by a person who expected to rely on the legitimacy of good faith actions of a state agency; 2) the claim may be made within the guarantees provided in the Art. 1 of the Protocol No. 1; 3) violation of the property right, in particular the possibility of claiming the disputed property, which went beyond the will of the owner, according to the provisions of the Art. 388 of the Civil Code of Ukraine; 4) the existence of a direct legislative prohibition on the alienation of the relevant property from state property, when, for example, it is established by the Law of Ukraine; 5) the purpose of interfering in the peaceful possession of a person’s property should be the real protection of the property right, and not the delimitation of powers between public authorities.


2020 ◽  
Vol 3 (1) ◽  
pp. 77
Author(s):  
Norman Hamonangan ◽  
Yusman Yusman

Property rights to land are the strongest and fullest inherited rights that can be owned over land and Transfer of ownership rights to land is the transfer or transfer of ownership rights to a plot of land or several parcels of land from the original owner to the new owner due to something or certain legal actions. The legal act of transferring rights is aimed at transferring land rights to another party permanently (in this case the legal subject meets the requirements as the holder of land rights). Transfer of land rights can occur because of transfer or transfer. Switching, for example because of inheritance while it is transferred, for example on the basis of sale and purchase, exchange, grants, will grants and other legal acts of transfer of rights.


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