joint ownership
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Author(s):  
Dr. L. Senthilkumar

A Mutual Fund is a professionally-managed form of collective investments that pools money from many investors and invests it in stocks, bonds, short-term money market instruments, and/or other securities. Mutual Fund is a trust that pools the savings of a number of investors who share a common financial goal. This pool of money is invested in accordance with a stated objective. The joint ownership of the fund is thus “Mutual”, i.e. the fund belongs to all investors. The money thus collected is then invested in capital market instruments such as shares, debentures and other securities. The income earned through these investments and the capital appreciations realized are shared by its unit holders in proportion the number of units owned by them. Thus a Mutual Fund is the most suitable investment for the common man as it offers an opportunity to invest in a diversified, professionally managed basket of securities at a relatively low cost.


10.38107/022 ◽  
2021 ◽  
Author(s):  
Nicole Roth

Although there is agreement that a pro rata entitlement is permissible in the simple partnership, the necessary interaction of Art. 646 ff. ZGB on co-ownership law and Art. 530 ff. OR on the law of the simple partnership is dealt with only rudimentarily. This is the point at which the work picks up, in that the two institutes of co-ownership and simple partnership are examined individually as well as in relation to their coordination possibilities in the case of real estate. The fundamental discussion of the legal institutions of co-ownership and simple partnership yields further insights of practical relevance. Thus, the delimitation difficulties between co-ownership and joint ownership as a result of simple partnership are also presented, general indications for the structuring of an agreed co-ownership arrangement are provided, and the concerns raised in the doctrine regarding pro rata entitlement in simple partnership are discussed.


Author(s):  
Josenito Oliveira Santos ◽  
José Ricardo de Santana ◽  
Cleide Mara Barbosa da Cruz ◽  
Anderson Rosa da Silva

This article aims to analyze the position of the Research Support Foundations (FAPs) regarding the obligation of co-ownership in patent deposits, arising from financial support promoted by them. To this end, a search was proposed in the database of the National Institute of Industrial Property – INPI for FAPs and federal development agencies. For the search of international development agencies, the Orbit Intelligence database was used. The results of this study show that the Foundation for Research Support of the State of Minas Gerais (FAPEMIG) remains the holder with 522 deposits, followed by the Foundation for Research Support of the State of São Paulo (FAPESP) with 275 deposits and the other FAPs with rare cases. Although the three federal agencies do not require joint ownership, 522 deposits with joint ownership by the National Council for Scientific and Technological Development (CNPq) and 27 deposits with joint ownership by the Financier of Studies and Projects (FINEP) were found, however, no deposit was found on behalf of the Coordination for the Improvement of Higher Education Personnel (CAPES). And among the 4 main countries analyzed, France is the only one in which there is a concentration of ownership in a central development agency, this can be explained by the fact that France's Intellectual Property Policy makes this type of requirement. In the other countries surveyed, there is no such requirement for participation in co-ownership of patent deposits. In interviews with managers of the FAPs, it was evident that a percentage of them claim that the arguments for participation or not show advantages, and from the point of view of those who do not defend participation, pointing out disadvantages.


2021 ◽  
pp. 5-8
Author(s):  
Oleksandr BRYHINETS

Transformation of property relations has determined the need to find modern legal constructions for the settlement of joint ownership of land and property. The article states that the most common practice is the design of adjacent territories only after the preparation of a land management project commissioned by condominiums in the relevant project organization. It is determined that the improvement of ownership mechanisms, especially in the land sphere, has led to the abandonment of collective ownership, which requires further development of modern forms of land ownership, as well as effective regulation of joint ownership of land and property. It is proved that the co-owners of apartment buildings have the right to exercise the relevant rights as well as, in particular, registration of the right to land without the creation of condominiums. Although before the adoption of this law, the registration of land rights took place only through condominiums or other service entities. Registration of land ownership directly by apartment building co-owners may create some difficulties with the registration of all co-owners, as the number and composition of such co-owners may change constantly due to the acquisition and alienation of apartments in apartment buildings. The peculiarity of the right of joint ownership is that all third parties, despite the plurality of co-owners, must deal not with a set of separate wills or expressions of will of each co-owner, but with a single, joint expression of will of several entities. The necessity of further theoretical substantiation and normative consolidation of the right of apartment building co-owners to directly acquire and exercise the right of joint ownership of the adjacent territory and the possibility of exercising the relevant right indirectly through the condominiums created by them.


AdBispreneur ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 67
Author(s):  
Candradewini Candradewini

The tourism business is one of the mainstays of West Bandung Regency. One of them is the Cihideung agro-tourism area. This potential agro-tourism area requires cooperation from various related parties in order to develop better. This study aims to determine and analyze the factors that affect the partnership effectiveness in developing the Cihideung agro-tourism area. This research method uses a quantitative approach to the type of survey research. The target population in this study are the parties who partner in the development of the Cihideung agro-tourism area, West Bandung Regency. The sample size in this study was 45 people obtained by the simple random sampling technique. Data collection techniques by means of field studies, interviews and literature studies. The data were processed using Exploratory Analysis Factor (EFA). The results showed that the factors that affect the partnership effectiveness in developing the agro-tourism area of Cihideung, West Bandung Regency are Vision and Communication, Commitment and Partners, Vision of Partnership, Data Integration, Incentives and Information, Results and Progress, Joint Ownership and Outcome Accountability. A total of 2 factor points from which must be reduced from 26 factor points so as to produce 24 factor points that are truly dominant and form the effectiveness of the partnership. Overall, the partnership effectiveness was in the high category with an average score of 3.95. Vision and Communication factor is the most dominant factor, which is equal to 40.142%. Bisnis pariwisata merupakan salah satu andalan Kabupaten Bandung Barat. Salah satunya adalah kawasan agrowisata Cihideung. Kawasan agrowisata potensial ini memerlukan kerjasama dari berbagai pihak terkait agar berkembang lebih baik. Penelitian ini bertujuanuntuk mengetahui dan menganalisis faktor-faktor yang mempengaruhi efektivitas kemitraan pengembangan kawasan agrowisata Cihideung. Metode penelitian ini menggunakan pendekatan kuantitatif dengan jenis penelitian survei. Target populasi dalam penelitian ini ialah para pihak yang bermitra dalam pengembangan kawasan agrowisata Cihideung Kabupaten Bandung Barat. Ukuran sampel pada penelitian ini adalah 45 orang yang didapatkan dengan teknik Simple Random Sampling. Teknik pengumpulan data dengan cara studi lapangan, wawancara dan studi literatur. Data diolah menggunakan Exploratory Analysis Factor (EFA). Hasil penelitian menunjukkan bahwa faktor-faktor yang mempengaruhi efektivitas kemitraan pengembangan kawasan agrowisata Cihideung Kabupaten Bandung Barat adalah Visi dan Komunikasi, Komitmen dan Mitra, Visi Kemitraan, Integrasi Data, Insentif dan Informasi, Hasil dan Kemajuan, Kepemilikan Bersama dan Akuntabilitas Hasil. Sebanyak 2 butir faktor dari yang harus direduksi dari 26 butir faktor sehingga menghasilkan 24 butir faktor yang benar-benar dominan dan mempengaruhi efektivitas kemitraan. Secara keseluruhan, efektivitas kemitraan berada dalam kategori tinggi dengan nilai rata-rata sebesar 3,95. Faktor Visi dan Komunikasi merupakan faktor yang paling dominan yaitu sebesar 40,142%.


Author(s):  
Олег Николаевич Замрий

Автор анализирует положения семейного и гражданского законодательства, закрепляющие принцип свободы договора, отмечая особенности его применения при регулировании имущественных отношений между супругами. В статье заявляется и обосновывается гипотеза о критериальном значении интереса супругов при выборе вида договорной конструкции, изменяющей режим совместной собственности. The author analyzes the provisions of family and civil legislation that consolidate the principle of freedom of contract, noting the features of its application in regulating property relations between spouses. The article declares and substantiates a hypothesis about the criterion value of the spouses' interest in choosing the type of contractual structure that changes the regime of joint ownership


2021 ◽  
Author(s):  
Kei Matsumoto ◽  
Christoph Rademacher ◽  
Ayako Suga

Abstract This article provides an overview and discussion of a multitude of issues that are relevant for IP licensing under Japanese law. The authors recap the results of the legislative process that predominantly addressed the IP licensee’s position in the case of a licensor's insolvency, including the 2020 amendment to the Japanese Copyright Act, and examine whether a comprehensive reform of IP licensing regulations in Japan would be preferable to also offering better protection to trademarks, trade secrets and data licensees. Given that Japanese companies often agree on jointly owning IP generated in the process of software development and other co-development projects, we analyze the risks of joint ownership compared to non-exclusive licenses. To further illustrate such risks that may be even more significant in cross-border constellations, we conduct a comparative study on the actions that a party commissioning the development of new software can take without obtaining the software developer’s consent under Japanese, US and German patent and copyright law. Furthermore, we examine certain unresolved issues that may arise in the case of a party’s insolvency or the impact of force majeure events, and provide suggestions on how to address these when drafting and negotiating IP license agreements.


2021 ◽  
Vol 21 (1) ◽  
pp. 75-103
Author(s):  
A.E. TURKINA

To date, there is no unified approach to defining a joint work and the rights of coauthors in different countries of the world. Any of the described mechanisms has its advantages and disadvantages. In those countries where co-authorship creates significant rights over a joint work or, conversely, significant restrictions, the criteria for determining a joint work attract the most attention. Since each work is unique, as well as each contribution made by the co-author, only judicial practice can determine the content of the criteria proposed in the law in sufficient details.


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