Academic literature on the topic 'Conflict of laws – Personal property'
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Journal articles on the topic "Conflict of laws – Personal property"
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Kusrin, Zuliza Mohd, Mohd Zamro Muda, Hayatullah Laluddin, and Abdul Basir Mohammad. "Comment Conversion and the Conflict of Laws in Respect of Spouse Rights to Inheritance in Malaysia." Religion and Human Rights 7, no. 1 (2012): 1–9. http://dx.doi.org/10.1163/187103212x625660.
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Abstract Conversion of either of non-Muslim spouses to Islam has far-reaching legal consequences in matters of the law of personal status in the Malaysian context. This is due to the existence of two different legal systems governing family matters or matters of personal status. Muslims citizens are governed by Islamic family law, whilst non-Muslim citizens are governed by civil law. The existence of dual legal systems, in the case of conversion of either spouse of any civil marriage, leads to a conflict of interest between both parties, for the marriage has to be dissolved according to civil law and the divorce petition has to be applied by the non-Muslim spouse in the civil court. This article attempts to analyze the conflict of laws caused by such conflicts of interest on matters related to the claims of property after the death of either spouse or their conversion. This article focuses mainly on the issues of inheritance and jointly acquired properties.
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Brown, Warren. "Conflict, Letters, and Personal Relationships in the Carolingian Formula Collections." Law and History Review 25, no. 2 (2007): 323–44. http://dx.doi.org/10.1017/s0738248000002947.
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Over the last few decades, scholarship on early medieval conflict has been driven and shaped by the kinds of sources that scholars have used. The different source genres offer their own characteristic pictures of the ways that people processed disputes in the early Middle Ages. Narrative sources, for example, such as chronicles or saints' lives, tend in the process of achieving their narrative orhagiographic goals to highlight violence, extra-judicial settlement, and the ritual or symbolic expression of disputes and disputeresolution. Normative sources, such as law codes or royal legislation (for example, the capitularies issued by Carolingian kings), naturally emphasize institutional tools for handling conflict, such as formal judicial assemblies and judicial procedures, royal judicial officials, and laws. Archival sources from the period consist primarily of charters, that is, records of rights or privilege ranging from diplomas issued by kings and emperors to the property records of churches andmonasteries. These tend to blend the images produced by the first two source genres. Often they record the formal resolution of propertydisputes in judicial assemblies headed by kings, counts, or their representatives; often they refer to laws or imply that the cases theydeal with were covered by some generally recognized set of norms. Charters also, however, provide a great deal of evidence for extra-judicial negotiation and settlement, as well as for ritual and public symbolic communication as a part of dispute processing.
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Killip Jr., Alexander G. "Traces of Ato as a Judicial Institution in the Lupon of Talubin, Bontoc, Mt. Province." International Journal of Management, Entrepreneurship, Social Science and Humanities 4, no. 1 (June 30, 2021): 76–95. http://dx.doi.org/10.31098/ijmesh.v4i1.582.
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Ato shows the existence of the indigenous political institution in the Cordillera specifically in Mt. Province that reflects the cultural patterns, political processes, and assumptions of rights of the community based on their customary laws that allow the indigenous people to achieve meaningful self-determination. The researcher wanted to determine and understand the traces of ato as a judicial institution in the Lupon through its public administration and judicial practices. The researcher made use of qualitative approach and descriptive design to understand the perceptions and beliefs of the Lupon members conveyed through their personal belief systems and knowledge on the customary laws which are currently being implemented in the community. Five (5) members of Lupon and three (3) barangay officials discussed the existing judicial and administrative practices of the Lupon. The study found out that the traces of ato as a judicial institution in the Lupon focus on the public administration practices that involve the processes of implementing and evaluating of policies such as the review on the ordinance by the barangay captain, posting of ordinance in the barangay hall and the house-to-house information dissemination by the tanods. On the other hand, there is no standardized tool in evaluating the policies being implemented, but the effectivity of the lupon is evaluated through the observation of the barangay captain.
The judicial practices in the Lupon include conflict resolutions and imposition of sanctions. The judicial practices on conflict resolution in the Lupon follow a series of trial procedures; first one is the private mediation process of the barangay mediation council that involves only the barangay officers and the conflicting parties; and, the second one is the public trial of the conflict through arbitration by the Lupon members. The judicial practices on imposing sanctions include fine such as money, personal belongings, property, or livestock and community service. Overall, the use of customary laws on deciding cases in the Lupon are highly accepted by the people which make the role of the elders of the community as members of the Lupon highly significant.
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Wass, Jack. "THE COURT'S IN PERSONAM JURISDICTION IN CASES INVOLVING FOREIGN LAND." International and Comparative Law Quarterly 63, no. 1 (January 2014): 103–35. http://dx.doi.org/10.1017/s0020589313000468.
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AbstractThe Moçambique rule provides that an English court may not adjudicate on title to foreign immovable property. This article considers the primary exception to that rule: where the court assumes jurisdiction in personam to enforce a contractual or equitable claim concerning foreign immovable property against a defendant subject to the court's personal jurisdiction. It addresses two questions: how should the English court decide whether to assume jurisdiction in relation to foreign land, and if the positions are reversed, should an English court recognize or enforce the order of a foreign court affecting English land? As to the first question, this article argues that the orthodox English approach is anachronistic. English law applies the lex fori exclusively to determine whether an obligation exists which the court has jurisdiction to enforce. Instead, modern conflict of laws principles demand that the court should apply the proper law of the substantive claim in determining whether a sufficient equitable or contractual obligation exists. As to the second question, this article argues that despite the prevailing view that foreign non-money judgments are not enforceable in England, foreign orders in relation to English land are in principle entitled to recognition in a subsequent action in England by the successful claimant.
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Shakhnazarov, B. A. "The System of Legal Regulation of Cross-Border Relations in the Field of Industrial Property: Terminological Aspects." Actual Problems of Russian Law 16, no. 7 (July 30, 2021): 110–24. http://dx.doi.org/10.17803/1994-1471.2021.128.7.110-124.
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The paper discusses the terminological aspects of the system of legal regulation of cross-border relations in the field of industrial property. The use of the term “cross-border relations” does not in itself imply the overcoming of the territorial principle of industrial property protection. Transboundariness as a characteristic of private-law relations, which presupposes a complication of the relationship by a foreign element, means the presence of any connection between the relationship (through a subject or legal fact in the case of cross-border relations in the field of industrial property) with the legal order of several states. It is proposed to define industrial property as rights (exclusive and personal non-property) related to intellectual property in the production-technical and production-trade areas. The system of legal regulation of cross-border relations in the field of industrial property is defined by the author as a coherent group of norms consisting of interrelated and interdependent principles of protection of industrial property (universal, general object and special object), other international and national substantive legal and national conflict-of-laws norms subordinate to these principles, as well as individual norms of non-state nature, subordinate to all the specified legal norms, regulating relations complicated by a foreign element regarding the emergence, use, transfer, restriction, termination, protection of rights to industrial property. In this case, a foreign element in a legal relationship can be represented by the subject, as well as by a legal fact: the place of violation of the right to the industrial property object, the place of execution of the formalities necessary for the protection of the industrial property object, as well as the place of occurrence of the consequences of harm caused by the violation of rights to intellectual property object.
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Akbar, Dr Muqarrab, and Mahnoor Malik. "Judicial Activism and Pakistani Society: A Case Study of Musharaf Era." Journal of Law & Social Studies 1, no. 2 (December 31, 2019): 61–68. http://dx.doi.org/10.52279/jlss.01.02.6168.
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Judicial organ is one of the three organs of the state of Pakistan. It plays important role in Constitutional machinery by performing its functions like interpreting laws and keeping an eye over the laws made by legislature that they are according to the injunctions of Islam or not and whether these laws are implemented properly by the executive or not. Judicial activism refers to the judicial rulings based on personal views rather than on existing law. The research is based on the questions like, is Judiciary playing effective role in Pakistan? What is the role of judiciary in Musharaf’s regime? Did judicial organ work in accordance with the Constitution of Pakistan 1973 in Musharaf’s regime? The conflict between president Musharaf and Chief Justice of Pakistan Iftikhar Chaudhry on March 9, 2007 when the Iftikhar Chaudhry refused to move under the pressure of the former to resign as Chief Justice. This led to the frontal attack by Musharaf against the judiciary on November 3, 2007 in the grab of unconstitutional emergency and PCO. In terms of judicial crisis and lawyers’ movement, the resistance offered by a large portion of the judiciary from March 9, 2007 onwards supported by the lawyers’ fraternity was a step toward change in favor of an independent judiciary in the future.
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Zenker, Ilona. "KNOWLEDGE BEYOND BORDERS." KNOWLEDGE INTERNATIONAL JOURNAL 30, no. 1 (March 20, 2019): 273–75. http://dx.doi.org/10.35120/kij3001273z.
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―Common knowledge‖ refers to information that the average, educated citizen would accept as reliable without checking it up. The ―personal knowledge‖ possessed by any individual, usually accumulated through observation, research or personal experiences. ―Intellectual knowledge‖ is any product of the human intellect that the law protects from unauthorized use by others. Intellectual property is legally protected as patent, copyright or trademark. Knowledge can only skip borders in case of a proper knowledge transfer (KT). KT can be difficult because of different views on explicitness of knowledge, language, geography, generational differences, religions aspects, political influence, competition, economical issues, national and international conflicts, migration, misconceptions, mutual trust, rewards, timeframe, IT capacities, faulty information, motivation issues or communication. Communication can be a boundary. Effective knowledge transfer requires an effective understanding between sender and receiver. Every field of knowledge has its own jargon and special technical terms. To solve ―syntactic boundaries‖, a common lexicon for terms must be developed. Now sender and receiver have to find a common understanding to avoid misinterpretation. Semantic boundaries‖ focus on translating knowledge and to develop common interpretations. ―Pragmatic boundary‖ is the conflict of the different interest for the parties to use knowledge. Knowledge beyond borders has to deal with legal borders, which are national and international regulation and laws. Transferring knowledge without legal protection would lead to unauthorized access or even illegal alteration of knowledge. If a source of knowledge must be afraid to lose control over his intellectual property it could cause a total stop of exchanging of knowledge, especially beyond borders. Therefore protection of intellectual property is the bridge to overcome such borders. Under German law intellectual knowledge is protected by: German Patent Act: A patent is an official right to be the only person or company allowed to make or to sell a new product or a new idea for a certain period of time. A German patent can be obtained through the direct filing of a national patent application with the German Patent and Trade Mark Office, through the filing of a European patent application or through the filing of an international application under the Patent Cooperation Treaty. The German patent has a term of 20 years. German Trademark Act: A trademark is a recognizable sign or design, capable of distinguishing the goods or services of one enterprise from those of other enterprises. A trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office. German Copyright Act: Another type of intellectual property is creative works such as paintings, writing, architecture, software, photos, dance and music are protected by the German Copyright Act (Urheberrechtsgesetz). The copyright law protects an author regarding their intellectual and personal relationship to the work and the types of its utilization. A work and the knowledge behind must meet certain minimum criterions to qualify for copyright protection. There a different kinds of copy rights, which are exclusive licences, exploitations rights, non-exclusive and exclusive rights of use. The length of protection also varies depending on when the work was created or first published. The true source of improving human welfare is knowledge without borders. Therefore it is more important than ever to protect the intellectual knowledge to distribute knowledge over national and international borders without harming the source of knowledge, which is at the end the mind of an individual person. As a consequence borders will become bridges.
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Basdeo, Vinesh. "The Constitutional Validity of Search and Seizure Powers in South African Criminal Procedure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (June 26, 2017): 301. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2747.
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An important part of crime investigation is the obtaining of evidence through the search and seizure of persons and things. The South African Constitution[1] recognises that state authorities should not be permitted untrammelled access to search and seize. It is a necessary incident to democracy that citizens must be protected from unjustified intrusions of privacy and property by agents of the state. Otherwise, arbitrary state actions could severely affect the personal freedom and associated fundamental rights that are intended to be a predominant feature of democratic society. In this article I consider whether or not certain provisions contained in the Criminal Procedure Act 51 of 1977 and the South African Police Service Act 68 of 1995 (hereafter the Criminal Procedure Act and the South African Police Service Act respectively) are in conflict with the Constitution. The provisions deal with search and seizure. I will also turn to the laws of foreign jurisdictions, specifically of the United States and Canada, for guidance and comparison. At the outset it should be pointed out that this article does not argue for the abolition of the search and seizure provisions contained in the Criminal Procedure Act and the South African Police Service Act. It is acknowledged albeit reluctantly, that there may still be a need for some of them. It is the investigative and enforcement measures provided for by these provisions, rather than the objectives, which are in issue here. It is submitted that there are search and seizure provisions contained in the Criminal Procedure Act and the South African Police Service Act, which are inconsistent with the spirit, purport and object of the Constitution.[1] Constitution of the Republic of South Africa 1996.
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YEFREMOVA, Iryna. "Peculiarities of protection of private rights by non-jurisdiction methods of settlement of legal disputes (conflicts)." Economics. Finances. Law, no. 6/1 (June 30, 2021): 23–29. http://dx.doi.org/10.37634/efp.2021.6(1).5.
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Introduction. Adoption of new laws of civil and substantive law, the novelty of legal relations governed by the rules of these laws, the complexity of civil conflicts arising from these legal relations, require a high level of legal protection, compliance with the rule of law by all members of society. Only the law allows interested parties to choose the form of protection. This form can be traditional – jurisdictional (provides for the establishment of a body and procedure for the protection of violated rights), and non-jurisdictional (but certainly allowed by law), which may resort to interested parties. obstacle to the exercise of the right. Resolution of legal conflicts is possible not only through a jurisdictional form of protection. A non-jurisdictional form of protection of civil rights is the independent protection of a person of his violated rights. That is, the person does not apply to the competent state authorities. In fact, it is the commission of actual actions aimed at protecting and securing their personal property and other non-property rights. The purpose of the paper is a thorough study of models of non-jurisdictional protection of property rights in the system of protection of civil rights by analyzing the theoretical and practical aspects of using alternative methods of protection of private rights in general and mediation. Result. It is determined that the non-jurisdictional form of protection of civil rights is the actions of citizens and organizations aimed at protecting their own civil rights, freedoms, and legally protected interests. It is noted that these actions are carried out and implemented by eligible entities independently, without seeking legal assistance from government agencies and structures, as well as officials. It is determined that the mechanism of legal protection is implemented in non-jurisdictional ways in the field of legal regulation when it is necessary to overcome and eliminate obstacles that arise in the exercise of rights and legitimate interests of the subject of law, in other words – to quickly protect (ensure) legal status. It is determined that in international practice, namely in European countries, the basis of non-jurisdictional protection of property rights is mainly in the use of negotiation and mediation procedures. Non-jurisdictional form, which is usually local in nature, is achieved as a result of actual actions, occurs not in jurisdictional or procedural forms, but within the protected substantive legal relations, which are the subjects of such legal relations (usually imply The main difference between jurisdictional and non-jurisdictional forms of protection of rights is that the protection of rights in jurisdictional form is carried out by the competent state and public authorities with each of them a certain procedural order of activity, while protection in a non-jurisdictional form takes place within the framework of a substantive legal relationship and is carried out by the parties themselves in the legal relationship. Conclusion. The study proves that in Ukraine, priority should be given to the development of various forms of out-of-court dispute resolution. The basis for this should be the legislative consolidation of out-of-court settlement of civil disputes as one of the basic principles of protection of violated private rights (of course, without revoking or replacing the right to judicial protection). Non-jurisdictional methods of protection of private rights are defined in the legislation of Ukraine and can be used due to the dispositive nature of the civil law method of regulation. However, this is insufficient, as participants in civil legal relations in case of violation of their rights are primarily confronted in the law with a defined right to judicial protection of violated rights, and often consider the court as the only possible form of protection.
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Mauli, Chandra Adi. "UNDERSTANDING OF THE BATIK LAWEYAN SOLO CREATOR FOR COPYRIGHT (STUDY OF LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT)." Diponegoro Law Review 4, no. 1 (April 30, 2019): 330. http://dx.doi.org/10.14710/dilrev.4.1.2019.330-342.
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The focus of the discussion in this study is the First Copyright Law as an embodiment of penetration of the legal culture of Western (capitalist) countries with individualistic nuances as positive law. Secondly, the culture of the laws of the local community where the Copyright Law is applied as a living law in society (Living law). The purpose of this paper is to know and explain not the implementation of the law as a positive law (positive law) in this case what is meant is the Copyright Act, in an Indonesian society and the Batik Laweyan craftsmen in particular, so that it is expected to explain why Copyright Law cannot function optimally in Indonesia which is marked by the many violations or piracy of a copyrighted work. The method in this writing is a qualitative method with the Sociological Research approach, while the paradigm used as the basis is the Paradigm of Social Definition with the aim of understanding social behavior through interpretation by explaining the path of development and its consequences according to its causes. Based on the social definition paradigm, the theory used is interactionism theory, which mainly emphasizes sociopsychological perspectives, the main goal of which is the individual in his personal personality and the interaction between internal opinion and one's emotions with social behavior. With the Symbolic Interaction Theory approach, in this study will be able to further reveal the behavior of certain community groups by interacting with existing social behavior. And also with the Phenomenology Theory is that human action becomes a social relationship if humans give a certain meaning or meaning to their actions, and other human beings also understand their actions as appropriate which means that humans are social beings, so that the awareness of daily life is an absolute magnification. As for the study findings it turns out, the Copyright Act in the application in the Laweyan Batik Craftsman community is in conflict with the Javanese legal culture that promotes harmony between neighbors, ewuhpekeweuh, tepasliro, mutual cooperation. If the law of copyright is strictly enforced, it will result in disturbance of neighborly living conditions. Because most Batik Laweyan craftsmen live next to each other even there is still a kinship, so that when it comes to demanding or monopolizing a work, it will lead to neighboring reluctance. They assume that even the art of batik is their property from the property of their ancestors so that anyone can imitate and make it.
Dissertations / Theses on the topic "Conflict of laws – Personal property"
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Kinyua, Frederick Joses. "Understanding sources of conflict between landlords and tenants in Kenya." University of South Africa, 2009. http://hdl.handle.net/10500/145.
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McBean, Jean 1948. "Conflict of laws and Canadian matrimonial property redistribution laws." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63988.
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Rogerson, Philippa J. "Intangible property in the conflict of laws." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.317842.
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Almawla, Hanan Mohamed. "Moral rights in the conflict-of-laws : alternatives to the copyright qualifications." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8730.
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This thesis examines the intersection between authors' moral rights and conflict-of-laws. The research question has been triggered by two important, interlinked factors. The first is that the currently applicable choice-of-law rules to moral rights are the same as those applicable to copyright. The second concerns the fact that moral rights are different from copyright - both in their nature and in the interest they aim to protect. Since these two factors coincide, it is questionable whether it ought to be the case that moral rights are subjected to the same choice-of-law rules as are applicable to copyright. The thesis therefore aims to discover whether the currently applicable choice-oflaw rules available in the context of moral rights are suitable for achieving the goals and objectives of conflict-of-laws. In the course of this thesis, I evaluate the potential validity of detaching moral rights from copyright in conflict-oflaws and instead attaching it to the characterization model of general personality rights. The research question is mainly addressed from the perspective of Rome I and Rome II Regulations. However, as there is no EU harmonization concerning general personality rights in conflict-of-laws, the examination will be directed towards France and England as examples of civil and common law traditions. Moreover, reference will also be made to CLIP and ALI principles by reason of comparison.
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Chunchaemsai, Kittiwat. "Conflict of laws for the assignment of receivables : from a property-contract approach to a rights-based approach." Thesis, Durham University, 2015. http://etheses.dur.ac.uk/11324/.
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The conflict of laws relating to the assignment of receivables raises characterisation difficulties. Based on the property-contract approach currently employed in legal systems, the characterisation of legal issues as contractual and proprietary results in complications. No general solution can be reached regarding the proprietary aspects of assignment, especially third parties’ effectiveness and priority issues. This thesis establishes that the core cause of the difficulty resides in the property-contract approach itself. It therefore attempts to provide a new approach to the conflict of laws for assignment, namely, a rights-based approach. It argues against the property-contract approach on the ground that assignment is not a hybrid of contract and property. Rather, it proves that the true legal nature of assignment is not the transfer of items of property, but a contractual method for transferring contractual rights to payment in receivables. The assignment of receivables not only creates triangular relationships between assignor, assignee and debtor, but also has external effects on third parties. In the rights-based approach, there is no need to differentiate between the contractual and proprietary aspects of assignment. The conflict of laws for assignment is established based on the relationships of rights between relevant persons, i.e. the relationship of rights between assignor and assignee, that between assignee and debtor, and the relationship of rights as it affects third parties including priority issues. These are proposed as being governed by the law of assignment and of assigned receivables. The rights-based approach eliminates the need to refer to property law and resolves characterisation difficulties. Consequentially, it grants an opportunity to modernise and harmonise the law of assignment based on contract law. In this way, positive outcomes vis-à-vis the financial practice concerning the assignment of receivables are the end result of this approach.
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Fei, Song Ran. "Exclusive or extraterritorial? : jurisdiction in cross-border patent infringement, a Chinese perspective." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2139814.
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Juras, Camille. "International intellectual property disputes and arbitration : a comparative analysis of American, European and international approaches : the search for an acceptable arbitral site." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80932.
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This paper compares the arbitral procedures used in different legal systems and evaluates their suitability for international intellectual property disputes. By doing so, it will identify many obstacles to the realization of an international arbitral regime responding to intellectual property disputes.
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Wolf, Christian Stefan. "Der Begriff der wesentlich engeren Verbindung im Internationalen Sachenrecht /." Frankfurt am Main [u.a.] : Lang, 2002. http://www.gbv.de/dms/spk/sbb/recht/toc/345479602.pdf.
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Marais, Ernst Jacobus. "Acquisitive prescription in view of the property clause." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/18004.
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Thesis (LLD )--Stellenbosch University, 2011.ENGLISH ABSTRACT: Acquisitive prescription (“prescription”), an original method of acquisition of ownership, is regulated by two prescription acts. Prescription is mostly regarded as an unproblematic area of South African property law, since its requirements are reasonably clear and legally certain. However, the unproblematic nature of this legal rule was recently brought into question by the English Pye case. This case concerned an owner in England who lost valuable land through adverse possession. After the domestic courts confirmed that the owner had lost ownership through adverse possession, the Fourth Chamber of the European Court of Human Rights in Strasbourg found that this legal institution constituted an uncompensated expropriation, which is in conflict with Article 1 of Protocol No 1 to the European Convention on Human Rights and Fundamental Freedoms 1950. This judgment may have repercussions for the constitutionality of prescription in South African law, despite the fact that the Grand Chamber – on appeal – found that adverse possession actually constitutes a mere (constitutional) deprivation of property. Therefore, it was necessary to investigate whether prescription is in line with section 25 of the Constitution. To answer this question, the dissertation investigates the historical roots of prescription in Roman and Roman-Dutch law, together with its modern requirements in South African law. The focus then shifts to how prescription operates in certain foreign systems, namely England, the Netherlands, France and Germany. This comparative perspective illustrates that the requirements for prescription are stricter in jurisdictions with a positive registration system. Furthermore, the civil law countries require possessors to possess property with the more strenuous animus domini, as opposed to English law that merely requires possession animo possidendi. The justifications for prescription are subsequently analysed in terms of the Lockean labour theory, Radin’s personality theory and law and economics theory. These theories indicate that sufficient moral and economic reasons exist for retaining prescription in countries with a negative registration system. These conclusions are finally used to determine whether prescription is in line with the property clause. The FNB methodology indicates that prescription constitutes a non-arbitrary deprivation of property. If one adheres to the FNB methodology it is equally unlikely that prescription could amount to an uncompensated expropriation or even to constructive expropriation. I conclude that prescription is in line with the South African property clause, which is analogous to the decision of the Grand Chamber in Pye.
AFRIKAANSE OPSOMMING: Verkrygende verjaring (“verjaring”), ‘n oorspronklike wyse van verkryging van eiendomsreg, word gereguleer deur twee verjaringswette. Verjaring word grotendeels beskou as ‘n onproblematiese aspek van die Suid-Afrikaanse sakereg, aangesien die vereistes daarvan taamlik duidelik en regseker is. Nietemin is die onproblematiese aard van hierdie regsinstelling onlangs deur die Engelse Pye-saak in twyfel getrek. Hierdie saak handel oor ‘n eienaar wat waardevolle grond in Engeland deur adverse possession verloor het. Nadat die plaaslike howe die verlies van eiendomsreg deur adverse possession bevestig het, het die Vierde Kamer van die Europese Hof van Menseregte in Straatsburg bevind dat hierdie regsreël neerkom op ‘n ongekompenseerde onteiening, wat inbreuk maak op Artikel 1 van die Eerste Protokol tot die Europese Verdrag van die Reg van die Mens 1950. Hierdie uitspraak kan implikasies inhou vir die grondwetlikheid van verjaring in die Suid-Afrikaanse reg, ten spyte van die Groot Kamer se bevinding – op appèl – dat adverse possession eintlik neerkom op ‘n grondwetlik geldige ontneming van eiendom. Derhalwe was dit nodig om te bepaal of verjaring bestaanbaar is met artikel 25 van die Suid-Afrikaanse Grondwet. Vir hierdie doel word die geskiedkundige wortels van verjaring in die Romeinse en Romeins- Hollandse reg, tesame met die moderne vereistes daarvan in die Suid-Afrikaanse reg, ondersoek. Daar word ook gekyk na hoe hierdie regsreël in buitelandse regstelsels, naamlik Engeland, Nederland, Frankryk en Duitsland, funksioneer. Hierdie regsvergelykende studie toon dat verjaring strenger vereistes het in regstelsels met ‘n positiewe registrasiestelsel. Verder vereis die sivielregtelike lande dat ‘n besitter die grond animo domini moet besit, wat strenger is as die Engelsregtelike animus possidendi-vereiste. Die regverdigingsgronde van verjaring word vervolgens geëvalueer ingevolge die Lockeaanse arbeidsteorie, Radin se persoonlikheidsteorie en law and economics-teorie. Hierdie teorieë illustreer dat daar genoegsame morele en ekonomiese regverdigings vir die bestaan van verjaring is in lande met ‘n negatiewe regstrasiestelsel. Hierdie bevindings word ten slotte gebruik om te bepaal of verjaring bestaanbaar is met die eiendomsklousule. Die FNB-metodologie toon dat verjaring neerkom op ‘n geldige, nie-arbitrêre ontneming volgens artikel 25(1). Indien ‘n mens die FNB-metodologie volg is dit eweneens onwaarskynlik dat verjaring op ‘n ongekompenseerde onteiening – of selfs op konstruktiewe onteiening – neerkom. Gevolglik strook verjaring wel met die Suid-Afrikaanse eiendomsklousule, welke uitkoms soortgelyk is aan dié van die Groot Kamer in die Pye-saak.
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Pappa, Marianthi. "The unbalanced protection of private rights in land and maritime delimitation : the necessity of an equilibrium." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237933.
Full textBooks on the topic "Conflict of laws – Personal property"
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Swienty, Alexander. Der Statutenwechsel im deutschen und englischen internationalen Sachenrecht unter besonderer Betrachtung der Kreditsicherungsrechte. Frankfurt am Main: Lang, 2011.
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Statutenwechsel im italienischen Sachenrecht: Auswirkungen auf den Im- und Export von Mobiliarsicherheiten : eine Untersuchung der rechtlichen Beständigkeit dinglicher Kreditsicherheiten im deutsch-italienischen Rechtsverkehr. Frankfurt am Main: P. Lang, 2010.
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Intellectual property and private international law. Cheltenham, UK: Edward Elgar Limited, 2015.
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Paul, Torremans, ed. Intellectual property and private international law. 2nd ed. Oxford: Oxford University Press, 2011.
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Matthias, Leistner, ed. Intellectual property overlaps: A European perspective. Oxford: Hart, 2011.
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The conflict of laws in India: Inter-territorial and inter-personal conflict. New Delhi: Oxford University Press, 2011.
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Carruthers, Janeen M. The transfer of property in the conflict of laws: Choice of law rules in inter vivos transfers of property. Oxford: Oxford University Press, 2005.
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Avout, Louis d'. Sur les solutions du conflit de lois en droit des biens. Paris: Economica, 2006.
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Rakshit, Mridul Kanti. The Law of vested properties in Bangladesh: A book on the "conflict of laws". 4th ed. Chittagong: M.K. Rakshit, 1991.
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Fawcett, J. J. Intellectual property and private international law. Oxford: Clarendon Press, 1998.
Find full textBook chapters on the topic "Conflict of laws – Personal property"
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Walters, Robert, Leon Trakman, and Bruno Zeller. "Conflict of Laws, Transnational Contracts in Personal Data." In Data Protection Law, 347–73. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-8110-2_14.
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Mula, Davide. "The Right to Data Portability and Cloud Computing Consumer Laws." In Personal Data in Competition, Consumer Protection and Intellectual Property Law, 397–410. Berlin, Heidelberg: Springer Berlin Heidelberg, 2018. http://dx.doi.org/10.1007/978-3-662-57646-5_15.
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Volova, Larisa I., and Anastasia D. Suzdaleva. "Retention-of-Title Clause and Recognition of Property Rights in the Conflict of Laws: Legal Uncertainty in the Course of Global Changes." In Lecture Notes in Networks and Systems, 1750–58. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69415-9_194.
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Govindaraj, V. C. "Law of Property." In The Conflict of Laws in India, 158–99. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0010.
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This chapter discusses the law of property as interpreted and applied by courts in India. The subject is divided into the law relating to immovables and movables and the law relating to succession, the latter of which, again, being subdivided into administration of estates and beneficial distribution, inasmuch as they constitute an integral part of succession. Topics covered include: jurisdiction in respect to foreign immovables; equitable jurisdiction in personam; application of equitable principles; rules of conflict of laws in relation to immovables; rules of conflict of laws in relation to movables; government decrees of seizure of private property; the law relating to trusts; and succession.
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Hanson, Robin. "Conflict." In The Age of Em. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198754626.003.0028.
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How unequal are ems from one another? during the forager era the main units of organization were bands of roughly 20 to 50 people, and smaller family units. As activity wasn’t organized via larger units, foragers did not see inequality comparable with our unequal towns, firms, or nations. Foragers also had only mild differences in personal property and prestige. Over the roughly million plus year forager era, however, foragers had an enormous inequality of lineages, in the sense that almost all lineages eventually went extinct, with zero descendants. The farmer era had larger units of organization, such as clans, villages, nations, and empires. Although empires sometimes became nearly as large as feasible given transportation limits, large empires usually only had a weak influence on local behaviors. Villages were much smaller than nations, and firms were typically tiny. As discussed in Chapter 18 , Cities section, while most farmers lived near small villages, in our industrial era people are spread rather evenly across towns and cities of all feasible sizes. Also, for most industrial products today, market shares are relatively concentrated within transport-cost-limited market areas. That is, for each type of product in an area, only a small number of firms supply most customers. power laws are mathematical forms that often usefully describe such inequality. That is, power laws often fit the large-unit end of the distributions of how such items are grouped into units. In such cases, a power of one describes a uniform distribution of items across feasible unit sizes. Powers greater than one describe more equal distributions, wherein most items reside in small units, and powers less than one describe less equal distributions, wherein most items are clumped into fewer larger units. Compared with any given sized unit, for a power of one a unit with twice the size appears half as often. Thus for a power of one, different sized units hold a similar total number of items. Compared with a power of one, with a power greater than one such double-size units are less frequent, while with a power less than one double-size units are more frequent.
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"PROPERTY." In Conflict of Laws, 617–30. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843140030-94.
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"IMMOVABLE PROPERTY." In Conflict of Laws, 631–32. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843140030-95.
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"Immovable property." In Conflict of Laws, 672–83. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843140030-102.
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Arruñada, Benito. "The Institutions of Roman Markets." In Roman Law and Economics, 247–98. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198787211.003.0019.
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The chapter analyzes the basis of the market economy in classical Rome, from the perspective of personal vs impersonal exchange and focusing on the role of the state in providing market-enabling institutions. It starts by reviewing the central conflict in all exchanges between those holding and those acquiring property rights, and how solving it requires reducing information asymmetry without endangering the security of property. Relying on a model of the social choice of institutions, the chapter identifies the demand and supply factors driving the institutional choices made by the Romans, and examines the economic circumstances that influenced these factors in the classical period of Roman law. Comparing the predictions of the model with the main solutions used by Roman law in the areas of property, business exchange, and the enforcement of personal obligations allows the chapter to propose alternative interpretations for some salient institutions that have been subject to controversy in the literature, and to conclude with an overall positive assessment of the market-enabling role of the Roman state.
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Briggs, Adrian. "Property." In The Conflict of Laws, 278–304. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198838500.003.0007.
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This chapter discusses English private international law in terms of property. The private international law of property covers immovable and movable property, tangible and intangible property, as well as intellectual and family property. In the United Kingdom, most of the conflicts rules are established by the common law. Although the EU intervened to harmonize private international law in the fields of succession to property and matrimonial property, those Regulations did not extend to the United Kingdom. Where the conflicts rules are found in the common law, a court may be entitled to apply the law selected in its renvoi sense: that is to say, to apply the law (including any conflicts rules) as it would be applied by a judge sitting in the foreign country and hearing the case himself.