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Journal articles on the topic 'Conflict of laws – Personal property'
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1
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.
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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): 47. http://dx.doi.org/10.14710/dilrev.4.1.2019.47-59.
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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.
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Luzhina, Alexandra Nikolaevna. "DEFINITION OF TERM REAL PROPERTY: CONFLICT OF LAWS." Vestnik MGSU, no. 7 (July 2017): 804–8. http://dx.doi.org/10.22227/1997-0935.2017.7.804-808.
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Real property is one of the fundamental objects of civil law rights, and one of the most widely spread tool of investment policy, as well as a compound complex object of urban development, an object of legacy and cultural heritage of Russia. In this regard complex study of legislative control and law enforcement practice, including court practice, real property regulation is of prime importance for optimization of decisions in separate issues of state policy in various fields of social life. Thus, legal nature of real property is determined not only by civil legislation, but also by land, urban planning and housing legislation. The issues of integrative approach to legislative control of real property have always been a matter of long-term argument not only in juridical literature but have also become a matter of dispute on numerous cases. Thus Russia’s Constitutional Court and Supreme Court of the Russian Federation passed their opinions regarding necessity of harmonious regulation of the issues surrounding real property. The present article sets out both the definition of real property as a complex legal category and its discrete subcategories, for instance, car parking spaces, assets under construction, etc.
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Davie, Michael. "Matrimonial Property in English and American Conflict of Laws." International and Comparative Law Quarterly 42, no. 4 (October 1993): 855–81. http://dx.doi.org/10.1093/iclqaj/42.4.855.
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Tier, Akolda M. "Techniques of Choice of Law in Conflict of Personal Laws." Journal of African Law 30, no. 1 (1986): 1–19. http://dx.doi.org/10.1017/s002185530000646x.
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The division of state inhabitants into communities living under different laws opens up possibilities of conflicts problems on an unprecedented scale. These problems may arise not only when members of different communities enter into legal relationships, but also when the parties, whether members of the same community or not, choose to regulate their legal relations in accordance with another personal law. The occurrence of either of these circumstances poses some problems for which the law is difficult or uncertain. This study attempts to examine with particular reference to the Sudan the problem of choice of law to be administered.In examining the problem of choice of law I shall attempt to show and compare how different systems of personal laws (i.e., where personal laws are administered in their respective courts of nationality, religion or ethnic community and courts which administer two or more personal laws) try to solve choice of law problems. It is apparent that the existence of thelex foriin the former and its absence in the latter should affect the approach to the problem of choice of law. The contrast between the two approaches is striking. The contention here is that systems of personal laws always apply theirlex foriand treat questions of choice of law as mere questions of competence.
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Sohn, Kyung-Han. "New Approach for Conflict of Laws Rules on Intellectual Property." Korea Private International Law Journal 27, no. 1 (June 30, 2021): 3–67. http://dx.doi.org/10.38131/kpilj.2021.6.27.1.3.
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Izdebski, Hubert. "Contemporary Expressions of Personal Law: Co-Existence or Conflict with the Territorial Law?" Acta Universitatis Lodziensis. Folia Iuridica 94 (March 30, 2021): 141–52. http://dx.doi.org/10.18778/0208-6069.94.08.
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The paper concerns the present role played in law-in-the-books and law in action as well by a very traditional law type, namely that of personal law. In spite of the dominating role that the other type, i.e. territorial law, has played in Western law for more than a thousand years, there are numerous contemporary expressions of the existence and application of personal laws. In particular, this is the case of the vivacity of traditional personal laws characteristic of non-Western legal traditions (above all shari’a), including attempts at their application in the Western environment. There are also various other examples of the recognition, at least in the practice, of personal laws in the Western law jurisdictions, which is indicated with the example of Polish law.
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CHATTERJEE, NANDINI. "Religious change, social conflict and legal competition: the emergence of Christian personal law in colonial India." Modern Asian Studies 44, no. 6 (April 21, 2010): 1147–95. http://dx.doi.org/10.1017/s0026749x09990394.
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AbstractOne of the most contentious political issues in postcolonial India is the unfulfilled project of a ‘uniform civil code’ which would override the existing ‘personal laws’ or religion-based laws of domestic relations, inheritance and religious institutions. If the personal laws are admitted to be preserved (if somewhat distorted) remnants of ‘religious laws’, then the legitimacy of state intervention is called into question, especially since the Indian state claims to be secular. This paper, by discussing the history of the lesser-known Christian personal law, demonstrates that this conundrum is of considerable heritage. From the earliest days of British imperial rule in India, the quest to establish a universal body of law conflicted with other legal principles which upheld difference: that of religion, as well as race. It was the historical role of Indian Christians to occasion legal dilemmas regarding the jurisdictions of British and ‘native’ law, and concurrently about the identity of people subject to those different laws. In trying to discover who the Indian Christians were, and what laws ought to apply to them, British judges had perforce to reflect on who the ‘British’ were, whilst also dealing with conflicting collective claims made by Hindus, Muslims, Parsis, and Christians themselves about their own identity and religious rights. The Indian Christian personal law was an unintended by-product of this process, a finding which throws light both on the dynamics of colonial legislation, and on the essentially modern nature of Indian personal laws.
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Kamardeen, Naazima. "The Protection of Cultural Property: Post-Colonial and Post-Conflict Perspectives from Sri Lanka." International Journal of Cultural Property 24, no. 4 (November 2017): 429–50. http://dx.doi.org/10.1017/s094073911700025x.
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Abstract:Cultural property is related to the evolution of a nation’s identity. It forms a vital link to the past, wherefrom the present and future may be nurtured and enriched. However, objects related to cultural heritage have been the target of looting and pilfering, resulting in loss to the country concerned. The situation is worsened where these objects have been removed during an era where there were no laws and regulations to control such removal. This article focuses on the loss of cultural property with reference to two specific modes of loss of particular concern to Sri Lanka—the removal of cultural property during the colonial era and the loss of cultural property during the more recent ethnic conflict. Through an analysis of the relevant laws and regulations, this article evaluates Sri Lanka’s rights to its cultural property and its efforts to regain, and preserve, its cultural heritage.
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Weisberger, June Miller. "Selected Conflict of Laws Issues in Wisconsin's New Marital (Community) Property Act." American Journal of Comparative Law 35, no. 2 (1987): 295. http://dx.doi.org/10.2307/840391.
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Hook, Maria. "A first principles approach to couples’ property in the conflict of laws." Journal of Private International Law 15, no. 2 (May 4, 2019): 257–87. http://dx.doi.org/10.1080/17441048.2019.1647990.
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Funk, Kellen. "CHURCH CORPORATIONS AND THE CONFLICT OF LAWS IN ANTEBELLUM AMERICA." Journal of Law and Religion 32, no. 2 (July 2017): 263–84. http://dx.doi.org/10.1017/jlr.2017.31.
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AbstractScholars frequently describe American religious disestablishment using commercial analogies, reckoning that states “privatized” religion or subjected churches to “free-market competition” by making them more like commercial businesses, yet this article demonstrates in part how churches pioneered many of the corporate devices that came to define American enterprise after the Civil War. Such descriptions are thus anachronistic. Antebellum jurists were not concerned about the similarity of churches to businesses, but rather their similarity to states, and the republican fear that churches could be rival sovereign states at first structured the law of disestablishment and incorporation. In most states, churches gained rights of general incorporation but faced significant limitations on their corporate governance and property holdings. InDartmouth College, the Marshall Court reimagined religious societies as private owners who, instead of governing as rival sovereignties, administered property in trust under their charters. But with the vague charters of general incorporation, state judges were left without a definite source of law to adjudicate church disputes. This article argues that courts thus allowed trust law to function as a conflict of laws analysis: Judges treated religious doctrine as a foreign legal system with rules that could be ascertained and accorded respect in American courts. Such a move created a positive, corporate right of religious liberty that becomes obscured if one conceives of religious freedom only as an individual right to be asserted against the state.
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Volova, L., and A. Suzdaleva. "Conflict of laws regarding ownership of construction, agricultural and mining equipment." E3S Web of Conferences 217 (2020): 07031. http://dx.doi.org/10.1051/e3sconf/202021707031.
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The purpose of this article is to analyze the features of legal regulation of property rights, enshrined in the text of the new Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to mining, agricultural, and construction equipment. Methodology: In order to analyze the legal regulation of property rights enshrined in the text of the new Protocol to the Convention the provisions of the Protocol and their relationship with the provisions of the Convention (the Cape Town Convention) were examined in detail. Results: The priority of the real rights of the buyer and holders of other real rights is considered differently in the texts of Protocols. The Protocol to the Convention on mining, agricultural and construction equipment establishes an approach similar to the Protocol on Railway Transport. The means and mechanisms used to achieve this differ depending on the economic conditions prevailing in the market where the security transactions are concluded in respect of this type of equipment. Conclusions: The main purpose of the Convention and the Protocol concerning mining, agricultural, and construction equipment is to reduce the cost of credit used to purchase high-value equipment and to increase the availability of credit.
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Rogerson, P. J. "The Situs of Debts in the Conflict of Laws—Illogical, Unnecessary and Misleading." Cambridge Law Journal 49, no. 3 (November 1990): 441–60. http://dx.doi.org/10.1017/s0008197300122317.
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It has been suggested by several writers that property of an intangible nature, such as debts, should be subject to the same choice of law rules as those which govern tangible property and immovable property. The idea that the lex situs should be adopted to determine proprietary questions relating to debts is particularly prevalent in cases where the English courts are called upon to decide whether to recognise a foreign government's actions or whether to garnish a debt. But should one of the most dominant choice of law rules, that of the lex situs, gain an even wider application than it already clearly has? Before answering this question any suggestion that the lex situs should be adopted for matters relating to debts has to face the obvious logic that that which cannot be touched or moved cannot be said to be capable of a position or a situation. This is, of course, self-evident but apart from an occasional assertion the courts have not felt constrained by the logic of the matter and for a number of purposes they have stated rules to give a debt that characteristic which it lacks: a physical location.
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Lipstein, K. "INTELLECTUAL PROPERTY: PARALLEL CHOICE OF LAW RULES." Cambridge Law Journal 64, no. 3 (November 2005): 593–613. http://dx.doi.org/10.1017/s0008197305006975.
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IN a previous article it was contended that for the purpose of the conflict of laws the structure of immaterial property law (which term is used here to include patents and the like) is exceptional. Due to its privileged character accorded by the sovereign local authority it is territorial in the dual sense that such laws are strictly confined in their operation to their country of origin and that within that territory the application of foreign immaterial property law is excluded by its inherent limitation. In English and Commonwealth law this insight was concealed until recently by the assertion that the courts could only exercise jurisdiction in respect of claims based on their own national intellectual property law. Jurisdiction was thus functionally linked to the exclusive sphere of the applicable law.
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Ochoa Jiménez, María Julia. "Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective." International Journal of Cultural Property 26, no. 4 (November 2019): 437–56. http://dx.doi.org/10.1017/s0940739119000341.
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Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.
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Castellanos Ruiz, Esperanza. "Ámbito de aplicación de la lex successionis y su coordinación con la lex rei sitae-lex registrationis: a propósito de los legados vindicatorios = Scope of the lex successionis and its coordination with the lex rei sitae-lex registrationis: a purpose of the legacies by vindication." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (March 8, 2018): 70. http://dx.doi.org/10.20318/cdt.2018.4117.
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Resumen: El Reglamento 650/2012 del Parlamento Europeo y del Consejo, de 4 de julio de 2012, relativo a la competencia, la ley aplicable, el reconocimiento y la ejecución de las resoluciones, a la aceptación y la ejecución de los documentos públicos en materia de sucesiones mortis causa y a la creación de un certificado sucesorio europeo ha venido a unificar las soluciones tan dispares de Derecho internacional privado que existían en el ámbito de la Unión Europea en materia sucesoria. Reconociendo el esfuerzo de los Estados miembros por coordinar la unificación de las normas de Derecho internacional privado en este área, su aplicación no está exenta de problemas con otras materias que afectan directamente a la regulación de la sucesión de una persona, como sucede, por ejemplo, con la regulación de los derechos reales que pueden afectar a los bienes de la masa hereditaria. Partiendo de que no existe una unificación de las normas de Derecho internacional privado en materia de transmisión de la propiedad de los bienes y de los derechos reales, en general, reconocidos por los distintos Estados miembros se pueden plantear muchos problemas teniendo en cuenta la existencia de un numerus clausus de derechos reales y los distintos sistemas de inscripción registral contemplados para la adquisición de tales derechos reales. Los artículos 1 y 23 del Reglamento sucesorio intentan solucionar este conflicto. Representan las dos caras de una misma moneda pues regulan el ámbito de aplicación de la lex successionis en sentido negativo y en sentido positivo, respectivamente. Por un lado, el artículo 1 recoge las cuestiones excluidas del ámbito de aplicación del Reglamento y, por otro lado, el artículo 23 recoge las cuestiones incluidas en su ámbito de aplicación. Sin embargo, la colisión se plantea en relación con la aplicación de la lex rei sitae a determinadas cuestiones sucesorias que están incluidas en el ámbito de aplicación de la lex succesionis a las que hay que aplicar cumulativamente la dos Leyes. Así, la Ley sucesoria regula la transmisión a los herederos, y en su caso, a los legatarios, de los bienes que integran la herencia, según recoge la letra e) del artículo 23.2, y las letras k) y l) del artículo 1.2, excluyen de la aplicación de la ley sucesoria la naturaleza de los derechos reales y cualquier inscripción de derechos sobre bienes muebles o inmuebles en un registro; cuestiones que, en la mayoría de los casos, quedan sometidas a la lex rei sitae o lex registrationis. Este conflicto de leyes es lo que ha provocado la primera decisión del TJUE sobre el Reglamento sucesorio: Sentencia del Tribunal de Justicia de la Unión Europea, Sala Segunda, de 12 de octubre de 2017: Kubicka.Palabras clave: Sucesión internacional, lex successionis, lex rei sitae, lex registrationis, ámbito de la ley aplicable, derechos reales, derechos de propiedad, legatum per vindicationem y per damnationem.Abstract: Regulation (EU) no. 650/2012 of the European Parliament and the Council of 4 July2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession is one of the most important results hitherto achieved for codifying private international law which the European Union. Recognizing the effort of the Member States to coordinate the unification of the rules of private international law in this area, its application is not exempt from problems with other areas that directly affect the regulation of the succession of a person, as happens for example with the regulation of property law that may affect the inheritance assets. Recognition of foreign property law may create problems in light of a Member State’s numerus clausus of property rights and differing land registration regimes. The study of the matters governed by the lex successionis, listed in article 23.2 ESR, must be done taking into account article 1.2 ESR, setting out the issues which are excluyed from the lex successionis scope. Often the exclusion or inclusion of particular matters from or within the scope of application of the lex successionis are two sides of the same coin. In other words, article 1.2 ESR governs the scope of application in a negative sense and article 23.2 ESR in a positive sense. However, the collision arises in relation to the application of the lex rei sitae to certain inheritance questions that are included in the scope of application of lex successionis to which the two Acts must be applied cumulatively. This is what happens with the regulation by lex successionis of the transfer to the heirs and, as the case may be, to the legatees of the assets, rights and obligations forming part of the estate, including the conditions and effects of the acceptance or waiver of the succession or of a legacy, according to letter e) of art. 23.2, bearing in mind that the letters k) and l) of art. 1.2, exclude from the application of the succession law the nature of rights in rem; and any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register; issues that, in most cases, are subject to the lex rei sitae or lex registrationis. This conflict of laws is what led to the first decision of the CJEU on the Succession Regulation: Judgment of the Court of Justice of the European Union, Second Chamber, of October 12, 2017: Kubicka.Keywords: International succession, lex successionis, lex rei sitae, lex registrationis, the scope of the aplicable law, rights in rem, property rights, legatum per vindicationem y per damnationem
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Shakhnazarov, B. A. "General characteristics of the system of conflict of laws regulation of industrial property." Actual Problems of Russian Law, no. 2 (February 1, 2019): 144–55. http://dx.doi.org/10.17803/1994-1471.2019.99.2.144-155.
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Stevens, John. "Restitution or Property? Priority and Title to Shares in the Conflict of Laws." Modern Law Review 59, no. 5 (September 1996): 741–46. http://dx.doi.org/10.1111/j.1468-2230.1996.tb02691.x.
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Sullivan, Teresa A., Elizabeth Warren, and Jay Lawrence Westbrook. "Laws, Models, and Real People: Choice of Chapter in Personal Bankruptcy." Law & Social Inquiry 13, no. 04 (1988): 661–706. http://dx.doi.org/10.1111/j.1747-4469.1988.tb01132.x.
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It has been a central assumption in bankruptcy policy debates that financially troubled persons faced with bankruptcy will respond to economic incentives and disincentives. Two provisions of the Bankruptcy Code (Chapters 7 and 13) are most commonly used by individual debtors. Under Chapter 7 debtors agree to give up all their property (n excess of state-determined exemptions) to a trustee for sale and distribution to creditors. Under Chapter 13 debtors keep all their property but agree to pay all or part of their debts over three to five years. This empirical study of fifteen hundred consumers in three states explores whether economic incentives and disincentives are in fact the chief factors influencing choice of chapter. The analysis demonstrates that while economic factors play a part, noneconomic factors are also significant, among them intra- and interstate migration, marital status, self-employment, state of residence, and local legal culture. We conclude that to explore fully how individual decisions are made, the simplistic economic model must be replaced by a more sophisticated model that accounts for both economic and noneconomic factors.
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Kuylen, Peter. "The Forgotten Property Right." Texas A&M Journal of Property Law 5, no. 3 (April 2019): 501–28. http://dx.doi.org/10.37419/jpl.v5.i3.5.
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With its move to the “at home” standard in Goodyear, Daimler, and BNSF, the Supreme Court significantly restricted the exercise of general personal jurisdiction over nonresident corporation defendants. This restriction offers questionable actual benefits to corporate defendants, but its rigid focus on defendant’s rights has impacted the ability of certain plaintiffs to bring a cause of action against those defendants. Because the at home standard infringes on this group of plaintiffs’ ability to assert their property right of redress in violation of the Due Process Clauses of the Constitution (Fifth and Fourteenth Amendments), the Court should return to the previous “continuous and systematic contacts” standard developed under International Shoe. Hundreds of articles have been written in the four years since Daimler erased fifty years of general personal jurisdiction jurisprudence. But because personal jurisdiction analysis is traditionally defendant focused, there is little mention of the plaintiff’s property right in access to the courts in that literature. Personal jurisdiction rules should protect a defendant’s interests, but not to the total forfeiture of a plaintiff’s property right. Recognizing the at home standard as a misstep would resolve this constitutional conflict.
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Unruh, Jon D. "The Legislative and Institutional Framework for War-affected Land Rights in Iraq: Up to the Task Post-ISIS?" Arab Law Quarterly 34, no. 3 (February 27, 2020): 267–89. http://dx.doi.org/10.1163/15730255-14030069.
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Abstract Land and property rights in Iraq are an important component of recovery, particularly subsequent to the ISIS conflict. The return of 3.3 million internally displaced persons (IDPs) due to the ISIS conflict are encountering claimants who were dislocated from previous wars and expropriations. This results in numerous land conflicts that if not dealt with will contribute to the country’s instability. Of primary importance in this regard is an ongoing discussion in government and the international community which focuses on a central question—are the current laws and institutions in Iraq, made for stable socio-political settings, able to manage the large-scale land and property problems emerging and ongoing in the country? This article considers this question by examining and critiquing the current legislative and institutional framework in Iraq in the context of the historical-to-present trajectories of land rights problems and development of land and property laws and institutions.
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Telec, Ivo. "Political Freedom and Intellectual Property Rights: Conflict of values." International and Comparative Law Review 15, no. 2 (December 1, 2015): 7–22. http://dx.doi.org/10.1515/iclr-2016-0033.
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Abstract The paper critically observes the current legal and political happenings around the international multilateral Anti-Counterfeiting Trade Agreement (ACTA), including criticism for its rejection by the European Parliament in the year of 2012. This example is treated in the sense of the collision of values in today’s information society, e.g. political freedom on the one hand, and intellectual property rights on the other. The collision of values is balanced fairly by the laws, for example by the statutory licenses and compulsory licenses, too. This text also critically considers some aspects of the contemporary political ideology of information. The author considers the majority of the European public reaction to the Anti-Counterfeiting Trade Agreement as fearful, irrational and populist by politicians. “Electronic Violence” remains violence like any other and everyone must have the courage to face it. The information society itself is based on the same values as any other human society. Likewise, the information society is prone to various vices, such as greed for foreign assets without any compensation. This greed is only masked by political rhetoric about freedom and human rights. Therefore, it is necessary to distinguish between legal ideology of information from legally regulated economic shifts.
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Lu, Jiancheng, Xiaolong Luo, and Peigang Zhang. "Rights–Values–Interests: The Conflict between World Cultural Heritage and Community: A Case Study of the West Lake Cultural Landscape Heritage in China." Sustainability 11, no. 17 (August 22, 2019): 4560. http://dx.doi.org/10.3390/su11174560.
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The conflict between world cultural heritage and local communities is investigated by using the cultural landscape heritage of West Lake in China as a case study, and establishing an analytical framework of “Rights–Values–Interests” based on the property rights theory of the new institutional economics and the value and interest structure characteristics of cultural heritage. The conflict problem in the market environment is analyzed based on a theoretical explanation. An in-depth discussion of the framework and improvement of China’s protection institution is provided. We outline the following key points: First, the Chinese government “plundered” certain behavior rights and legitimate interests of community residents through the enactment of protection laws, leading to a conflict between the protection and community. Second, China’s laws lack a clear definition of the power and responsibility of the central and local governments with regard to protection actions, leading to vague positions of the government and exacerbating conflicts. Third, China’s protection laws are out of touch with the laws of private property rights. The root cause of the conflict is that the protection action only considers the protection law as the core but neglects the residents’ legal behavior rights. Finally, from the perspective of considering the residents’ legitimate interest demands, defining behavior rights boundaries, and strengthening administrative management, we propose to improve the protection institution in order to achieve the harmonious integration of heritage protection and local communities, and we call for a greater focus on the legitimate interests or survival rights of ordinary Chinese community residents.
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Esangbedo, Gregory. "The conceptual underpinnings of secured transactions and the reform of personal property security laws." Journal of Corporate and Commercial Law & Practice, The 6, no. 2 (2020): 166–89. http://dx.doi.org/10.47348/jccl/v6/i2a6.
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Law reforms typically epitomise the need to effect positive change. The reform of personal property security laws which has attained increased prominence amongst common-law states in recent years is by no means different. However, there appear to be mixed views about the exact impact of these reforms including whether and to what extent they achieve their stated objectives. This article explores the connection between the reforms of personal property security law and the conceptual underpinnings of secured transactions in order to ascertain the extent to which such reforms actually reflect such underpinnings as a preliminary step in evaluating their impact on society.
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Subramanian, Narendra. "Making Family and Nation: Hindu Marriage Law in Early Postcolonial India." Journal of Asian Studies 69, no. 3 (August 2010): 771–98. http://dx.doi.org/10.1017/s0021911810001476.
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Postcolonial states responded differently to the group-specific personal laws that were recognized in many colonial societies. While some retained most colonial personal laws (e.g., Lebanon) and others introduced major changes (e.g., Tunisia), most introduced modest yet significant changes (e.g., Egypt, India, Indonesia). Indian policy makers retained personal laws specific to religious groups, and did not change the minority laws, although minority recognition did not rule out culturally grounded reform. They changed Hindu law alone based on their values, as they saw Hindu social reform as the key to making nation and citizen. Reform proposals drew from the modern Western valuation of the nuclear family, and from Hindu traditions that were reformed to meet standards of modernity. As Hindu nationalists and other conservatives defended lineage authority, legislators retained much of the lineage control over ancestral property. But they provided limited divorce rights, reduced restrictions on mate choice, and banned bigamy. The visions driving the initial proposals influenced many later changes in India's family laws.
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Stegman, Michael J. "Matrimonial property in the American states: choice-of-law and conflict-of-laws issues." Trusts & Trustees 25, no. 1 (December 15, 2018): 39–47. http://dx.doi.org/10.1093/tandt/tty179.
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Wappett, Craig. "The Personal Property Securities Act: implications for the oil and gas sector." APPEA Journal 50, no. 1 (2010): 101. http://dx.doi.org/10.1071/aj09007.
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The Personal Property Securities Act (PPSA) will rationalise the number of laws and registers governing personal property securities and it will also introduce major substantive changes to the existing law, which will be particularly important for secured creditors, equipment lessors, consignors and other retention of title suppliers, and purchasers of accounts receivable. The PPSA will have particular implications for the oil and gas sector including the terms of security given between joint venture participants and in favour of third party financiers.
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Unruh, Jon. "Land Policy Reform, Customary Rule of Law and the Peace Process in Sierra Leone." African Journal of Legal Studies 2, no. 2 (2008): 94–117. http://dx.doi.org/10.1163/221097312x13397499736507.
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AbstractArmed conflict is particularly destructive to socio-legal relations regarding land and property. Reconstruction priorities increasingly include the reform of property legislation as part of efforts to address the causes and reasons for continuation of conflicts. However, a pervasive problem is that postwar laws are extremely difficult to connect with informal on-the-ground developments regarding perceptions of spatially-based rights as populations pursue livelihoods, grievances and aspirations. Left unattended, the problem constitutes a potential flashpoint for a return to conflict. This article examines this connection for postwar Sierra Leone, in order to highlight issues and questions of potential utility. The stakes are high for successfully connecting postwar land tenure laws with informal socio-legal realities. For Sierra Leone, a primary issue is the presence of a large population without access to land, tenure insecurity discouraging investment, large-scale food insecurity and rural unemployment while significant swathes of arable and previously cultivated land stands idle.
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Cunliffe, Emma, Nibal Muhesen, and Marina Lostal. "The Destruction of Cultural Property in the Syrian Conflict: Legal Implications and Obligations." International Journal of Cultural Property 23, no. 1 (February 2016): 1–31. http://dx.doi.org/10.1017/s0940739116000011.
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Abstract:This article comes as the conflict in Syria has entered its fifth year, bringing with it loss of life and the displacement of the Syrian people as well as extensive damage to, and destruction of, the country’s cultural heritage. This article will first provide an overview and explanation of the national and international legal framework for protecting cultural property in conflict as it applies to the Syrian State and the non-State actors involved, using examples from the whole conflict, including the recent actions of Da’esh. Second, we demonstrate that the destruction of all types of cultural property, regardless of its importance, can be considered a prosecutable violation of these laws, and we examine the possibilities for prosecution. Following from this discussion, we question whether the existing framework can be considered effective and consider the role the international heritage community can play.
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Barodi, Norhabib Bin Suod Sumndad. "THE CODE OF MUSLIM PERSONAL LAWS OF THE PHILIPPINES: BEYOND THE LENSES OF BONDAGJY v. BONDAGJY." IIUM Law Journal 27, no. 2 (December 18, 2019): 367–96. http://dx.doi.org/10.31436/iiumlj.v27i2.447.
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The dynamics of mixed marriages governed by the Code of Muslim Personal Laws of the Philippines (Muslim Code) creates variables that sometimes lead to the non-application of the said Code to Shari’ah cases arising from said marriages. This is highlighted in the familiar but controversial case of Bondagjy v. Bondagjy, wherein the Supreme Court of the Philippines did not apply the Muslim Code on the issue of custody of minor children born to a Muslim marriage prior to becoming ‘mixed’ by the conversion of the female party (Muslim convert) to another religion. The article argues that whatever variables are attendant in a specific conflict of rights where the Muslim Code applies, the resolution of said conflict must be in accordance with its provisions or other applicable Muslim laws. This perspective sustains the character of the Muslim Code as the applicable law in each Shari’ah case and disfavours the diminution of said character by the non-application of the Muslim Code. The article further argues that the application of the provisions of the Muslim Code affecting conflict of rights must be reinforced with the requisite good faith and honesty on the part of each party, Muslim and non-Muslim alike, to ensure a just and fair resolution of each Shari’ah case. The article achieves its gist by evaluating how the ‘applicability clause’, the ‘construction and interpretation rules’, and the ‘conflict of provisions rules’ of the Muslim Code operate in the context of and beyond Bondagjy v. Bondagjy and other relevant cases. This critical analysis highlights the present status of the Muslim Code as the initial premise in the formulation of measures that are responsive to and promotive of the role of mixed marriage as a significant avenue for Muslim and non-Muslim relations in the Philippines and other foreign jurisdictions where similar relations exist.
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Duara, Juliette G. "Religious Pluralism, Personal Laws and Gender Equality in Asia: Their History of Conflict and the Prospects for Accommodation." Asian Journal of Comparative Law 7 (2012): 1–27. http://dx.doi.org/10.1017/s2194607800000624.
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AbstractThis paper examines the relationship between three religio-legal traditions and their interactions and responses to the concept of gender equality as reflected in their inheritance practices. Specifically, questions of accommodation and authenticity will be explored through the Hindu, Confucian and Islamic traditions as they exist in contemporary India, Singapore and Hong Kong. While the primary focus will be on the current state of law and practice, the paper will begin personal laws during the period of British colonization. The impact of British jurisprudence will be recounted as background to understanding the contemporary state of the three traditions. For India and Singapore this history will include the impact of their independence movements on their personal laws. Hong Kong's history will include the impact of the territory's return to China.
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Triner, Gail D. "Property Rights, Family, and Business Partnership in Nineteenth- and Twentieth-Century Brazil: The Case of the St. John d'el Rey Mining Company, 1834–1960." Enterprise & Society 8, no. 1 (March 2007): 35–67. http://dx.doi.org/10.1017/s1467222700008776.
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This article uses a case study to illustrate the dynamics of firm structure and property rights in Brazil during the nineteenth and twentieth centuries. The St. John d´el Rey Mining Company was a British mining company in Brazil. Its experiences demonstrate that, property rights were not under-specified; they were over-specified and varying provisions for rights were mutually inconsistent. Precise laws protected capital investment to such an extent that dissolving partnerships became problematic. At the same time, inheritance laws mandated partible division of personal estates among heirs. The mining company's history demonstrates the opportunities for posthumously emerged heirs, essentially, to claim partnership rights.
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Schmalenbach, Kirsten. "Ideological Warfare against Cultural Property: UN Strategies and Dilemmas." Max Planck Yearbook of United Nations Law Online 19, no. 1 (May 30, 2016): 1–38. http://dx.doi.org/10.1163/18757413-00190002.
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With iconic cultural heritage in Afghanistan, Mali, Libya, Iraq and Syria at the mercy of Jihadi extremists, the international community’s somewhat feverish compilation of emergency measures illustrates both the sense of urgency now felt, but also how unprepared the world was to be confronted with ideological warfare against the ‘culture of the heretics.’ The laws of armed conflict, and in its wake international criminal law, provide relatively clear cut proscriptive rules against ideologically motived cultural destruction, which cannot be said of peacetime rules on cultural heritage protection. But the threat of incurring international responsibility and punishment is seen as inconsequential when the perpetrators’ driving ideology distains external laws. On UN level, the Security Council has resorted to a global trade ban to target two birds with one stone: to dry-up is’s source of income through illicit trade in Iraqi and Syrian antiquities and to preserve artefacts by making illicit excavation and pillaging economically unattractive. Unfortunately the situation on the ground, with its many uncertainties regarding domestic implementation means the effectiveness of this measure is in abeyance.
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Stubblefield, Emily, and Sandra Joireman. "Law, Violence, and Property Expropriation in Syria: Impediments to Restitution and Return." Land 8, no. 11 (November 13, 2019): 173. http://dx.doi.org/10.3390/land8110173.
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After eight years of civil war, parts of Syria are now free from conflict. In recognition of the return to peace, the government officially welcomes back all who fled the country to escape violence. Yet, a pattern of property expropriation supported by the government during the war limits the ability of some to return and reclaim their homes and businesses. We argue here that intentional changes to law and policy regarding property rights during the war has led to asset losses for members of groups opposed to the government and created a barrier to property restitution and the return of these groups. We examine legal documents and secondary sources identifying government actions and their impact, noting the proliferation of laws that systematically erode the property rights of people who lack proximity, legal status, and regime allies. As the results of these laws manifest after the war, a disproportionate number of Syrians who opposed the government will find themselves without the houses, land, and property they held before the war began.
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Michaels, Ralf. "The Conflicts Restatement and the World." AJIL Unbound 110 (2016): 155–60. http://dx.doi.org/10.1017/s2398772300002993.
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Some sixteen years ago, on the occasion one of many symposia on the possibility of a new Restatement on Conflict of Laws to replace the much-derided Second Restatement, Mathias Reimann suggested that a new Restatement should focus on the requirements of what he called “the international age.” Conflict of laws is increasingly international, he pointed out. This remains true today—just recall that three of the four recent U.S. Supreme Court decisions on personal jurisdiction concerned international conflicts. A new Restatement must take that into account. Reimann formulated three very sensible wishes for drafters of a new Restatement: they should consider every rule and principle they formulate with international disputes in mind; they should work comparatively; and they should include foreign advisers.
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Żarnowiec, Łukasz. "WSPÓŁCZESNE TENDENCJE W ZAKRESIE METOD WYZNACZANIA PRAWA WŁAŚCIWEGO DLA MAŁŻEŃSKICH STOSUNKÓW MAJĄTKOWYCH." Zeszyty Prawnicze 14, no. 4 (December 5, 2016): 107. http://dx.doi.org/10.21697/zp.2014.14.4.05.
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Current Trends in the Conflict of Legal Methods in Matrimonial Property RegimesSummaryThe difficulties relating to the determination of the law applicable to personal and property relations between spouses are one of the most significant barriers to the free movement of individuals between different countries. Due to the importance of matrimonial property regimes for the situation of third parties entering into legal relations with married persons, matrimonial property regimes also have a seminal impact on the security of free movement and exchange. This article presents an analysis of conflict-of-law methods used to determine the law applicable to matrimonial property relations under selected conflict-of-law regulations adopted in different countries, the proposed uniform European regulation, and the former Polish International Private Law Act (Ustawa o prawie prywatnym międzynarodowym) of 1965. It also contains an assessment of the relevance of new conflict-of-law rules that have been introduced at the national level. The article may be regarded as a background for the analysis of the arrangements presented in the new Polish International Private Law Act of 2011, which will be presented in a separate issue of this journal.
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Thuy, Le Bich. "Foreclosure on collateral under French and Vietnamese laws." Science & Technology Development Journal - Economics - Law and Management 3, no. 2 (August 2, 2019): 111–18. http://dx.doi.org/10.32508/stdjelm.v3i2.548.
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In Vietnam, as a result of limited financial competence, it is quite normal for small and medium enterprises to acquire loans from credit institutions, mostly under pledge and mortgage agreements. With the purpose of fostering economic growth, it is, therefore, very important to help individuals and businesses gain access to credit and increase the credit availability for them. In order to do so, obviously the possibility of predicting the time and cost involved in the realization of their security rights should be clearly seen by creditors through clear and effective regulations on enforcement or particularly on the foreclosure of collateral. In fact, Vietnamese laws on secured transactions has recently been developed under the Civil Code 2015, adding two new security devices which are retention of title and retention of property. The new code also clearly distinguishing security devices which have the characteristic of personal rights and real rights as well as perfects the mechanism of effectiveness against third parties. The paper focuses on presenting the differences between the foreclosure o pledged and mortgaged property in French laws and in Vietnamese laws and suggests some modifications to Vietnamese relevant statutes to protect the rights of both debtors and creditors in pledge and mortgage transactions, learning from French practices. Recommendations include a more active role of the securing party in serurity right enforcement process under judicial supervision, the court's involvement in property value appraisal, an extra-judicial mechanism for creditors for collaterall repossession and a provision setting forth an obligation of the secured party to diligently and effectively exploit the secured property to earn maximum fruit and incomes and deduct such amount from the interest and original loan.
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Campos Monaco, Gustavo Ferraz de. "Certa ojeriza do direito internacional privado brasileiro à autonomia conflitual em matéria patrimonial de família." Revista Electrónica de Direito 22, no. 2 (June 2020): 127–46. http://dx.doi.org/10.24840/2182-9845_2020-0002_0007.
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In the context of the management of the patrimony of international families, it is necessary to discuss not only the Brazilian conflict of laws rules regarding the marriage property regime - and its extension to stable unions - and succession (especially as a theme of succession planning), but also the difficulty to recognize the conflicting autonomy in matters of available right in Brazilian law.
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Dikovska, Iryna. "Modern Approaches to Private International Law and Conflicting Provisions on Legal Aid in Civil Cases." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 1 (March 25, 2020): 177–88. http://dx.doi.org/10.37635/jnalsu.27(1).2020.177-188.
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Part of the legal aid treaties between Ukraine and other states contains rules concerning conflict of laws. Where those that determine the law applicable to contractual obligations, family, and hereditary relations are not in line with current approaches to determining the law applicable to the specified groups of relations. The purpose of the paper is to uncover the differences between the regulation of conflict of laws in private relations in the legal aid treaties between Ukraine and some EU countries and the modern approaches to the regulation of conflict of laws in such relations, contained in other sources of private international law; an explanation of how to solve conflicts between legal aid treaties and other international treaties; outlining the main areas of improvement of rules concerning conflict of laws in legal aid treaties. The methods of the study were comparative, dialectical, and Aristotelian, which allowed to identify the problems of regulation of conflict of law in legal aid treaties and to draw conclusions for their elimination. Application of these methods allowed to find out that lex loci contractus is most often used to regulate contractual obligations in the absence of an agreement of the parties on the choice of applicable law. The agreement between Ukraine and Romania does not provide for the choice of the law for contractual obligations. Legal aid treaties imperatively determine the law applicable to the property relations of the spouses. They apply a dualistic approach to determining the right to inherit. It has been established that competition between the rules of this Convention and the rules of legal aid treaties between Ukraine and Poland and Ukraine and Estonia should be decided in favour of the Hague Convention. It is proposed to amend the legal aid treaties concluded between Ukraine and the EU Member States: the rules concerning conflict of laws, which define the law applicable to contractual, family, and hereditary relations should be revised using the relevant EU regulations as a model.
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Myers, Cayce. "Digital Immortality vs. “The Right to be Forgotten”: A Comparison of U.S. and E.U. Laws Concerning Social Media Privacy." Romanian Journal of Communication and Public Relations 16, no. 3 (April 24, 2016): 47. http://dx.doi.org/10.21018/rjcpr.2014.3.175.
Full textAbstract:
This paper examines the contrast between United States and European Union laws concerning social media users’ right to remove their online presence permanently. Currently, the United States and European Union represent two distinct approaches to the right of individuals to permanently remove personal content from social media. U.S. law favors social media companies keeping profile content within the digital sphere even when that person no longer wants it there. The European Union’s approach social media privacy gives users more rights to remove themselves entirely from social media permanently (General Data Protection Regulation, Article 17, 2012). Using Myres McDougal’s (1959) legal theory of international laws’ effect on national policy, this legal study examines the social media privacy laws of the United States and European Union concerning user control of personal content. From this analysis, future implications of this international conflict, specifically the legal delineation of public and private spheres in the 21st Century, are suggested.