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Journal articles on the topic 'Emergence property rights'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Polishchuk, Leonid, and Alexei Savvateev. "Spontaneous (non)emergence of property rights." Economics of Transition 12, no. 1 (2004): 103–27. http://dx.doi.org/10.1111/j.0967-0750.2004.00173.x.

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2

Tymchenko, L. M., and Ye Ye Kosenko. "THE EMERGENCE OF PROPERTY RIGHTS BY DERIVATIVE METHODS OF ACQUIRING PROPERTY RIGHTS." Juridical scientific and electronic journal, no. 11 (2021): 244–46. http://dx.doi.org/10.32782/2524-0374/2021-11/60.

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3

Salam, Syukron, Supardjo Supardjo, and Ida Nurlinda. "The Evolution of Property Rights in Indonesia." Journal of Indonesian Legal Studies 9, no. 1 (2024): 217–48. https://doi.org/10.15294/jils.vol9i1.3538.

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The article explains the emergence of property rights over land in Indonesia. Theoretically, the emergence of property rights in Java was deliberate. It is contrasts with the claim that spontaneous evolution of property rights . The article contributes to explaining the deliberate emergence of property rights in the case of the emergence of property rights to land in Java, Indonesia. The study is conducted by tracing the handover traces of land policy development from each period of power. The policy study begins in the period of feudalism where the concept of vorstendomain prevailed. During t

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Rudenko, L. D., and O. L. Orlov. "The problem of the actual replacement of private property rights by rights of use in Ukraine: status and prospects." Legal horizons, no. 25 (2020): 57–64. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p57.

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The article has substantiated the process of the de facto replacement of the right of private property by the rights of use; distinguished stages in the development of the private property institution in Ukraine; specified grounds for the emergence and termination of the right of private property and the rights of use; refined sense and scope of responsibility of the private owner and the holder;identified the main instrument of substitution of the right of private property by the rights of use; traced preconditions for passing inconsistent judgements on property protection by the ECHR; and an

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5

Sato, Hajime. "The Emergence of “Modern” Ownership Rights Rather than Property Rights." Journal of Economic Issues 52, no. 3 (2018): 676–93. http://dx.doi.org/10.1080/00213624.2018.1495989.

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6

Pecherova, N. H. "Features of the transfer (alienation) of property rights for public announcement of an unfixed performance (live broadcast) under a contract on the transfer (alienation) of property rights under the legislation of Ukraine." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 217–25. https://doi.org/10.24144/2788-6018.2025.01.35.

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Objects of related rights, despite their close connection with objects of copyright, are separated into a separate group of objects according to Ukrainian legislation. The content of intellectual property rights to a particular object is personal non-property rights and property rights. Each of the objects of related rights has its own moment of occurrence of personal non-property and property rights. Property rights provide the opportunity to dispose of them. The current profile legislation of Ukraine provides the opportunity to dispose of property rights both partially and completely. The pu

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7

WÄRNERYD, KARL. "ANARCHY, UNCERTAINTY, AND THE EMERGENCE OF PROPERTY RIGHTS." Economics and Politics 5, no. 1 (1993): 1–14. http://dx.doi.org/10.1111/j.1468-0343.1993.tb00063.x.

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Sevryukova, Inna. "Problems of the definition and characteristics of the contractual basis for the limitation and encumbrance of ownership of real estate in Ukraine." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 341–48. http://dx.doi.org/10.33663/0869-2491-2021-32-341-348.

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Introduction. The legal description of the contractual grounds for restrictions and encumbrances on the right of ownership of real estate can be provided only after a comprehensive study of the common features of the contractual structures, which establish the relevant rights and obligations of the parties. The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. I

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9

Nicita, Antonio, and Matteo Rizzolli. "Property Rules, Liability Rules and Externalities." Journal of Public Finance and Public Choice 24, no. 2 (2006): 99–126. http://dx.doi.org/10.1332/251569206x15665366751292.

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Abstract In this paper we argue that traditional explanations of the dichotomisation of property rules and liability rules are somehow misleading, since they tend to neglect the evolutionary complementarity between die two rules in a world of incomplete property rights characterised by sizeable ex-ante transaction costs in rights’ definition. When rights are a complete bundle of well-defined uses, the application of a property rule reaffirms and reinforces the correlation between rights and duties. In a world of incomplete rights, externalities over undefined uses call for a court intervention

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10

Popova, Sofiia. "The basis of the appearance of personal non-property rights of legal entities." Law and innovations, no. 3 (31) (October 2, 2020): 90–95. http://dx.doi.org/10.37772/2518-1718-2020-3(31)-14.

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Problem setting. The role of a legal entity in the economic and legal development of the state is quite important. Legal support for the implementation and protection of the essence and activities of these organizations is an important element in achieving these goals. Therefore, in order to improve the legal provisions for legal entities, it is necessary to investigate such a feature of the features of non-property rights as the specificity of their origin, through interaction with the essence of the organization. Analysis of recent researches and publications. Among the researchers who in th

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11

Talipova, Zh. "On the question of forms and types of property rights in civil law." Bulletin of the Innovative University of Eurasia 80, no. 4 (2020): 62–67. http://dx.doi.org/10.37788/2020-4/62-67.

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The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds fo

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12

Svirin, Yury Alexandrovic, Vladimir Aleksandrovich Gureev, Alexandr Anatolievich Mokhov, Eduard Eduardovich Artyukhov, and Igor Mikhaylovich Divin. "Restriction of the property rights." LAPLAGE EM REVISTA 7, Extra-A (2021): 293–303. http://dx.doi.org/10.24115/s2446-622020217extra-a805p.293-303.

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The authors examine the emergence of the institution of restrictions on the right to property from a historical perspective and also justify the need to introduce a mechanism of restrictions on the right in the modern world. The disclosure of the topic was carried out from the standpoint of general scientific, the method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The necessity of developing a mechanism for limit

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13

ECONOMOU, EMMANOUIL M. L., and NICHOLAS C. KYRIAZIS. "The emergence and the evolution of property rights in ancient Greece." Journal of Institutional Economics 13, no. 1 (2016): 53–77. http://dx.doi.org/10.1017/s1744137416000205.

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AbstractIn this paper, we trace the emergence and the evolution of property rights from the Homeric Era (1100–750 BCE) to Classical Greece, based on ancient sources and modern interpretations. Indications of the emergence of property rights are to be found in the writings of eighth century Homer and Hesiod. Property rights evolved, together with changes in warfare and city-states during the Archaic and Classical periods, becoming more secure and specific, based on contracts. We analyse as case studies Themistocles’ Naval Law of 483/2 BCE and Nicophon's Monetary Law of 376/5. We also cover some

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14

Shabalin, Andrii. "The history of the development of civil procedural law of Ukraine on judicial protection of the property legal right to land." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 147–55. http://dx.doi.org/10.33731/62020.234066.

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Keywords: civil procedural protection, court, violation of private property rights toland, civil procedure The article is devoted to the study of the historical and legal aspects of the judicial procedure for theprotection of property rights to land in Ukrainian legislation. The author investigates themain stages of legal protection of property legal rights to land, in each historical periodits own characteristics of the aforementioned procedure for the protection of the correspondingproperty right are determined. Considerable attention is paid to the issues ofthe peculiarities of legal

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15

Miglo, Anton. "The Development of Property Rights for Intellectual Property." Journal of Economics and Behavioral Studies 3, no. 4 (2011): 224–34. http://dx.doi.org/10.22610/jebs.v3i4.275.

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This article analyzes the development of property rights (PR) for intellectual property (IP). There is a fundamental tension between competition policy and IP. IP rights confer a certain degree of monopoly power on the owner of IP rights. Some authors found that there are too many patents in Biotechnological or Internet industry. The regulation of intellectual property has expanded dramatically in many countries in recent years and competition authorities are increasingly asking for methodological help in determining the duration and scope of patents. The issue has taken on an increased import

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16

Alsubuh, Riyad, and Towfic Shomar. "Property between Natural and Acquired Right." Jordan Journal of Social Sciences 15, no. 2 (2022): 141–56. http://dx.doi.org/10.35516/jjss.v15i2.486.

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The main objective of this study is to discuss the bases of why some philosophers assume that property is an essential part of human rights based on accepting it as a “natural” right, and to assess the credibility of such an assumption. In order to deal with such problematic issue, we contrast John Locke and Georg Hegel with Friedrich Engels; Locke posited that privet property right is part of natural rights, while Hegel claimed that privet property is a right granted by the state. In contrast, Engels thought that the origin of property, during the early stages of humanity, was that of communa

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17

Pitsyk, K. "Legal regulation of property rights to another's property abroad." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 12(24) (December 9, 2021): 147–53. http://dx.doi.org/10.33098/2078-6670.2021.12.24.147-153.

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Purpose. The purpose of the article is to analyze the grounds and procedures of the emergence of property rights to another's property abroad, to identify its interconnectedness and interdependence. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: In business and other economic activities there are situations in wh

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18

Nekit, Kateryna. "Terms of service as a ground for establishment of ownership to virtual property." Law and innovations, no. 4 (32) (December 15, 2020): 62–67. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-9.

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Problem setting. Today, the use of numerous sites is allowed only with the consent of the user agreements (Terms of Service) offered by them. Most often, users tick them, which is tantamount to signing such agreements, without even reading. However, it turns out that in most cases, user agreements, which are essentially agreements between users and providers, are aimed only at securing the interests of providers and in fact impose significant restrictions on users without granting them any rights other than the right to use the service. In addition, providers create them in such a way as not t

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19

Nekit, Kateryna. "Terms of service as a ground for establishment of ownership to virtual property." Law and innovations, no. 4 (32) (December 15, 2020): 62–67. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-9.

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Problem setting. Today, the use of numerous sites is allowed only with the consent of the user agreements (Terms of Service) offered by them. Most often, users tick them, which is tantamount to signing such agreements, without even reading. However, it turns out that in most cases, user agreements, which are essentially agreements between users and providers, are aimed only at securing the interests of providers and in fact impose significant restrictions on users without granting them any rights other than the right to use the service. In addition, providers create them in such a way as not t

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20

Halder, Debarati, and K. Jaishankar. "Property Rights of Hindu Women: A Feminist Review of Succession Laws of Ancient, Medieval, and Modern India." Journal of Law and Religion 24, no. 2 (2008): 663–87. http://dx.doi.org/10.1017/s0748081400001740.

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Hindu women's legal right to inherit property has been restricted from the earliest times in Indian culture. In the ancient text Manusmriti, Manu writes: “Her father protects her in childhood, her husband protects her in youth and her sons protect her in old age; a woman is never fit for independence.” However, women were not always excluded from inheriting movable or immovable property from ancestral and marital families. But their proportion of share in the property was far less than that of their male counterparts.Throughout history, restrictions on Hindu women's property rights have underg

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21

Serdyuk, R. "Legal regime of property registration: civil-legal aspect." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 18(30) (December 9, 2024): 131–38. https://doi.org/10.33098/2078-6670.2024.18.30.131-138.

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Purpose. The purpose of the work is to analyze the legal regime of property registration, to identify shortcomings, gaps and contradictory legislation, to develop a scientific approach to solving controversial issues. Methodology. The methodology includes the application of general scientific and special legal methods of scientific knowledge, in particular: dialectical, systemic analysis, induction and deduction, comparative legal, prognostic legal. Results. The article identifies the lack of a single approach to determining the branch affiliation of the legal regime of real estate registratio

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22

Cherevko, P. P. "The legal nature of the author’s personal non-property rights." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 335–39. http://dx.doi.org/10.24144/2788-6018.2022.03.60.

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In this article, the author analyzes the essence of the legal nature of the author’s personal nonproperty rights. It is noted that copyright studies conducted in Germany based on the philosophical concept of I. Kant (a right related to the personality of the creator) played an important role in protecting the author’s personal rights in continental Europe. These scientific investigations played a decisive role in the emergence of the doctrine of personal nonproperty rights of the author, which are designed to ensure the protection of the personality of the creator in his work.The monistic and

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23

Eswaran, Mukesh, and Hugh M. Neary. "An Economic Theory of the Evolutionary Emergence of Property Rights." American Economic Journal: Microeconomics 6, no. 3 (2014): 203–26. http://dx.doi.org/10.1257/mic.6.3.203.

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We model the emergence of an innate, biological sense of property rights where resource scarcity and output contestability reign. Preferences evolve such that, in evolutionarily stable equilibrium, an object is valued more by an individual who possesses it, or has produced it, than if he is neither possessor nor producer. In a distributional contest for the object, the possessor/producer will devote more effort to retaining it than an interloper will to expropriating it. Asymmetry in preferences for an object between possessor/producer and interloper, and consequent asymmetry of efforts defend

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24

Погребняк, В. Я. "Механізм виникнення права власності на новостворений об'єкт нерухомості: аналіз чинної нормативної моделі". Форум права 60, № 1 (2020): 67–74. https://doi.org/10.5281/zenodo.3702439.

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<strong>Постановка проблеми.</strong> Станом на сьогодні механізм виникнення права власності на об’єкти нерухомого майна має суттєві прогалини. Це підтверджено науковими дискусіями щодо сутності окремих елементів виникнення права власності на новозбудований об’єкт нерухомого майна, а також судовою практикою з розгляду відповідних справ. <strong>Метою</strong> статті є визначення специфіки механізму виникнення права власності на новозбудований об’єкт нерухомості в контексті співвідношення між його елементами. механізму виникнення права власності на об’єкти нерухомого май

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Patnaik, Pratyusna. "Decentralized Natural Resource Management: A Review of Devolution of Property Rights and People’s Participation." Asian Review of Social Sciences 8, no. 1 (2019): 92–96. http://dx.doi.org/10.51983/arss-2019.8.1.1513.

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Recent decades have witnessed an increased attention towards emergence of decentralized strategies in natural resource management, as a solution to problems of over exploitation and degradation of natural resources. However, it is important to note that central to the processes of decentralisation in natural resource management is that of the concept of property rights. Successful decentralisation in natural resource management requires effective institutions be in place at local level with clearly defined property rights. In this context, the present paper analyses the process of changing pro

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Toria, Rita A. "Legal Regulation of Property Taxation in the Context of Property Law." Economic Problems and Legal Practice 21, no. 2 (2025): 26–32. https://doi.org/10.33693/2541-8025-2025-21-2-26-32.

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The purpose of this article is the content of property rights in the context of the completeness of tax collection, since the topic of organizational and legal forms of interaction between the Federal Tax Service and public authorities in the Russian Federation is of interest from the perspective of the Federal Tax Service performing its main function—tax collection. It is noted that taxation issues are inextricably linked to ownership issues, while there is a difference in taxation of real estate of organizations and real estate of individuals, and that when calculating and collecting taxes,

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Sosna, Alexandru, and Iuliana Gherman. "Protection of ownership in the Republic of Moldova, Ukraine, European Union. Comparative legal aspect." Supremacy of Law, no. 1 (January 2023): 73–86. http://dx.doi.org/10.52388/2345-1971.2022.e1.06.

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The paper deals with the problems of legal regulation of civil and legal protection of absolute civil rights in the Republic of the Moldova, Ukraine, as well as the European Union. Absolute civil rights, in particular, such as property rights, occupy an important place in the civil law system. These rights are fundamental not only to civil law, but also to the whole national legal system, because personal non-property rights are the basis of the vital activity of an individual, property rights, in particular property rights, are basic economic rights (rights intellectual property rights ensure

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Deryugina, T. V. "Grounds and Methods of Acquiring Immovable Property Ownership in the Context of Recent Changes in Civil Legislation." Lex Russica 76, no. 7 (2023): 9–18. http://dx.doi.org/10.17803/1729-5920.2023.200.7.009-018.

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The analysis of subjective civil rights doctrines allows us to conclude that there are several levels in their structure. Some theories initiate the process of acquiring the right, others finalize it. Most concepts (the concept of general and specific prerequisites for the emergence of the right, the concept of a legal fact structure, the concept of juridical composition, the concept of facts-states) are based to some extent on this division. From these positions, the author differentiates between the concepts of «emergence» and «acquisition» of a right, as well as the grounds and methods of a

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Yutanti, Trinda, Trinas Dewi Hariyana, and Moch Wahid Hasyim. "TINJAUAN YURIDIS PEMECAHAN TANAH LEBIH DARI LIMA BIDANG UNTUK HAK MILIK PERORANGAN." Jurnal Magister Hukum Perspektif 15, no. 1 (2024): 1–12. http://dx.doi.org/10.37303/magister.v15i1.93.

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The emergence of a regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency on the prohibition of land division of more than five parcels for individual property rights is a way to overcome the rampant housing or disguised lots that have sprung up so far. The regulation is stipulated in Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the Third Amendment to Regulation of the Minister of Agrarian Affairs or Head of the National Land Agency Numb

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Mukand, Sharun W., and Dani Rodrik. "The Political Economy of Liberal Democracy." Economic Journal 130, no. 627 (2020): 765–92. http://dx.doi.org/10.1093/ej/ueaa004.

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Abstract This paper develops a taxonomy of political regimes that distinguishes between three sets of rights—property rights, political rights and civil rights. The truly distinctive nature of liberal democracy is the protection of civil rights (equal treatment by the state for all groups) in addition to the other two. The paper shows how democratic transitions that are the product of a settlement between the elite (who care mostly about property rights) and the majority (who care about political rights), generically fail to produce liberal democracy. Instead, the emergence of liberal democrac

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Anatoliy, Kostruba. "POLYVARIATIVITY OF RIGHTS IN THE STRUCTURE OF CORPORATE LEGAL RELATIONS." Часопис Київського університету права 3 (January 10, 2022): 141–45. https://doi.org/10.36695/2219-5521.3.2021.27.

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The article is the study of the structure of corporate legal relations, the establishment of a mechanism for their formation. Legal relations as a form of social relations are in constant development. As a result, there is emergence and development of new types of social interaction, which require an appropriate legal form of their ordering. Such ordering is self-regulated by the participants of the respective relations as a result of the subjective accumulation of property, non-property, organizational, other components. The organizational component of corporate relations is to order the acti

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Li, Moyan. "A Sociological Perspective on Why People Go for Intellectual Property Rights." Lecture Notes in Education Psychology and Public Media 5, no. 1 (2023): 1–5. http://dx.doi.org/10.54254/2753-7048/5/20220347.

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Intellectual property rights have maintained a close relationship with economics and politics from ancient times to the present day. In terms of law, government, politics, and economics, the majority of research has examined how property rights affect economic inequality and performance. However, sociologists are also beginning to study intellectual property law at this time. Intellectual property as a symbol of a capitalist society is examined from a sociological perspective, which is often overlooked from a legal or economic point of view. This paper uses several fundamental sociological the

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Ponomarenko, Mykhailo. "Intellectual property rights in software." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 218–21. http://dx.doi.org/10.36695/2219-5521.1.2021.42.

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The article presents an urgent scientific problem, which is the need to establish the impact of reliable protection of intellectualproperty rights on software and its individual elements on the Europeanization of public administration in Ukraine, improving theinvestment climate, saving labor, accelerating public and private enterprises, institutions, organizations and boosting economic growth.Intellectual property rights underlie all the software industry. This term refers to a number of intangible property rights to an assetsuch as software. Each «right» to intellectual property is itself an

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Grigorenko, O. V. "Personal non-property rights: genesis of legal regulation in Ukraine." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 69–72. http://dx.doi.org/10.24144/2307-3322.2021.67.13.

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Personal non-property rights are important components of everyone's rights capacity. The well-being of each of us essentially depends on the scope of personal non-property rights, how they will be established in law, because personal non-property rights are the basis of any person's life, they are the rights that a person acquires from birth and remains them till one’s death. The issue of personal non-property rights settlement occupies one of the central places in civil law science. Real provision of human rights is considered as a sign of a developed constitutional state, the result of

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Lewis, Jessica. "With Love and Kisses: Nothing Lasts Forever: An Examination of the Social and Artistic Antiquation of Moral Rights." International Journal of Cultural Property 23, no. 3 (2016): 267–94. http://dx.doi.org/10.1017/s0940739116000151.

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Abstract:This article examines the social and artistic antiquation of moral rights law. Moral rights law developed, and was implemented, under the heavy influence of the French preference to put the rights of the author at the center of intellectual property protection (with Victor Hugo leading this charge). However, as artistic practice evolves in a continually rapid fashion, it is becoming increasingly clear that moral rights are unable to properly accord with modern art forms. An examination of the social construction of authorship, the emergence of unique contemporary art forms, and the ro

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Nekit, Kateryna, Vira Tokareva, and Volodymyr Zubar. "Artificial intelligence as a potential subject of property and intellectual property relations." Ius Humani. Law Journal 9, no. 1 (2020): 231–50. http://dx.doi.org/10.31207/ih.v9i1.227.

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The article analyzes the possibility to provide legal capacity to artificial intelligence, which would lead to the emergence of a new subject in legal relations. The aim of the article is to reveal whether it is possible to recognize, that artificial intelligence is able to have property and intellectual property rights. To achieve this aim, dialectical, comparative, dogmatic and legal methods are used. It is noted that according to recent studies, there are more and more grounds for recognizing artificial intelligence as subjects of legal relations. Particular attention in the article is paid

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CHATTERJEE, ABHISHEK. "Financial property rights under colonialism: some counterfactual possibilities." Journal of Institutional Economics 12, no. 4 (2016): 797–824. http://dx.doi.org/10.1017/s1744137416000023.

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AbstractThis article seeks to explain the lack of the development of contemporaneously ‘modern’ money and credit markets in the 18th to 19th century economy of India. Borrowing from the literature on property rights, it demonstrates that the emergence of ‘modern’, and state-connected money markets was the result of a certain kind of power relationship between rulers and financial capital holders where the two were forced to mutually cooperate; financial systems represented the institutionalization of this mutual cooperation. Specific kinds of ‘colonialism’ represent just one special case of a

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Irzayev, Huseyn. "Satın almaqda üstünlük hüququndan istifadə edilməsinin qarşısını almaq məqsədilə simulyasiyaya yol verilməsi". Azerbaijan Law Journal 24, № 3 (2024): 158–67. https://doi.org/10.61638/gxgp1577.

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The article addresses the issue of the right of preemption, which is a form of limitation on property rights, and differentiates its grounds for emergence while illustrating how it restricts property rights. Special attention is given to the issue of the right of preemption arising from the law, with an examination of cases where simulation is employed to prevent the exercise of this right. The essence of the concept of simulation is explored, its types are identified, and its place in the civil legislation of the Republic of Azerbaijan is determined. The article lists practical situations whe

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Gardner, B. Delworth. "Information, Incentives, and Property Rights: The Emergence of an Alternative Paradigm." American Journal of Agricultural Economics 67, no. 5 (1985): 1039–43. http://dx.doi.org/10.2307/1241369.

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Chávez, Eduardo Vinicio Mejía. "La Propiedad Industrial En La Sociedad Del Conocimiento. Tendencias Actuales." European Scientific Journal, ESJ 13, no. 29 (2017): 216. http://dx.doi.org/10.19044/esj.2017.v13n29p216.

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Today humanity is immersed in the knowledge society, so that intangibles have acquired great value throughout the world. This has contributed to globalization and the emergence of economies founded on knowledge and technological development, which have led to the emergence of new intellectual products that generate industrial property rights. The ownership of these industrial property rights has determined the development and economic advancement of countries, but also an absolutely heterogeneous growth between them, as a differentiating element is contemplated, the science and technology they

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Razumov, S. A. "Emergence and Exercise of Digital Currency Rights." Juridical science and practice 21, no. 1 (2025): 35–43. https://doi.org/10.25205/2542-0410-2025-21-1-35-43.

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This article considers the ways of storing and transferring digital currency in order to determine when the rights to digital currency arise. In order to comprehensively consider the issue, attention is also paid to the essence of digital currency. As a result of the study it is concluded that it is necessary to recognise digital currency as property at the legislative level. The study identifies custodial and non-custodial ways of holding digital currency. The main ways of transferring digital currency within the framework of Blockchain technology are also identified, namely: transferring dig

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Hudyma, M. "Legal nature of state registration as a legal fact in the mechanism of dynamics of property rights." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 1(45) (December 14, 2020): 45–51. http://dx.doi.org/10.20535/2308-5053.2020.1(45).226491.

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This scientific publication attempts to clarify the legal nature of state registration as a legal fact in the mechanism of the dynamics of property rights. There has been made a critical analysis of the viewpoint of supporters of the recognition of the right-establishing character of the state registration and the viewpoint of scholars who consider that the state registration has the function of confirmation, legalization of already established rights. The legislative approach to the relevant issues, which reveals the inconsistency of regulations on the place and importance of state registrati

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Hamill, Sarah E. "Private Rights to Public Property: The Evolution of Common Property in Canada." Special section 58, no. 2 (2013): 365–403. http://dx.doi.org/10.7202/1017518ar.

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This article uses the recent Occupy litigation of Batty v. City of Toronto to argue that Canadian courts no longer have a robust understanding of common property and its attendant rights. The lack of judicial understanding of common property is hardly surprising given property theory’s focus on private property, particularly individual private property. This article argues that rather than use the traditional analogy of governments holding common property in trust for the public, Batty relies on an analogy of common property which treats the government as an owner. The emergence of the latter

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Bochkov, Pavel. "On the right of ownership of religious organizations to land." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 13–20. http://dx.doi.org/10.34079/2226-3047-2020-10-19-13-20.

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When it comes to economic relations involving religious organizations, the property issue is Central to the construction of these relations, since to obtain the status of a legal entity, the subject must have a certain property base. Legal regime of property of religious organizations not only define requirements to the status of a property (i.e. object), but also determines the regulation of economic competence of the entity that owns this property. Among legal scholars, disputes about the ownership of religious organizations are taking place precisely because the Central place in the system

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Batista, Leonardo Matheus Barnabé, Lucas Barbosa e. Souza, and Jéssica Painkow Rosa Cavalcante. "Dynamics of Modern Property in Brazil: social function, land regularization, and challenges for effectiveness." Revista JRG de Estudos Acadêmicos 7, no. 15 (2024): e151369. http://dx.doi.org/10.55892/jrg.v7i15.1369.

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This article addresses the evolution of modern property in Brazil in three distinct parts. Initially, it examines the emergence of modern property in the context of Western codifying phenomena, highlighting its liberal foundation and the debate surrounding the individualistic concept of ownership. The second part focuses on the idea of the social function of property in the Brazilian Federal Constitution, emphasizing the mitigation of the absolutist nature of property. The 1964 Land Statute is identified as a legal milestone that introduced requirements for the fulfillment of the social functi

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Kossak, V., and U. Andrusiv. "Requisition as a ground for termination of property rights under conditions of martial law." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 169–75. http://dx.doi.org/10.24144/2307-3322.2022.76.1.26.

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The article is devoted to the study of the peculiarities of requisition under conditions of martial law. It is emphasized that despite the principle of inviolability of property rights, the possibility of forced alienation of property rights is enshrined at the legislative level. It was established that in order to determine the legality of interference with the right of private property through requisition, it is necessary to take into account the criteria of the three-fold test: the legality of the interference, public necessity and proportionality. The position of scientists who

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Bakir, Ach, and Achmad Fageh. "Hak Merek Dagang Persepektif Perundangan Dan Ekonomi Islam." Jurnal Ilmiah Ekonomi Islam 9, no. 3 (2023): 4533. http://dx.doi.org/10.29040/jiei.v9i3.10095.

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One of the developments in the world of the Indonesian economy is the emergence of the issue of intellectual property rights or intellectual property, because it has become a standard regulation and there are laws. In Islamic teachings textually nothing mentions or explains this. In fact, if in Indonesia as actors or executors in increasing professionalism and productivity, then the study of intellectual property rights in the Indonesian legal system becomes something very important. This research is a type of library research, research whose object of study uses library data in the form of bo

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Mammadova, A. "CORRELATION OF NATIONAL AND INTERNATIONAL SYSTEMS OF PROTECTION OF INTELLECTUAL PROPERTY RIGHTS." Sciences of Europe, no. 107 (December 24, 2022): 39–42. https://doi.org/10.5281/zenodo.7479729.

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The article deals with the correlation of national and international intellectual property law. The analysis of the principle of territoriality of IP law and the possibility of its coexistence with modern trends in this legal area is carried out. Further, the author compares international and regional integration processes regarding intellectual property rights. The causes of the emergence and development of a high harmonization level of legal norms in the European Union are discussed by the author. The article also touch upon such concepts as parallel import and its collision with intellectua

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Serbenyuk, S. O. "Controversial aspects of the modern national doctrine of property law." Law and Safety 92, no. 1 (2024): 173–85. http://dx.doi.org/10.32631/pb.2024.1.16.

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The article examines the basic controversial aspects of modern property law in the context of an overview of the Ukrainian legislation and highlights the main ideas of national civil law scholars on certain controversial issues. They consist in identifying the debatable components in the spectrum of research in the field of national property law, assessing further effective areas of scientific research and reviewing the main provisions of civil law on property rights. The author presents the main scientific views and contradictions, as well as the legislator’s views on the concept and features

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Omelchenko, Olha. "Intellectual property rights in the context of biology, medicine and pharmacy: a look into the future." Theory and Practice of Intellectual Property, no. 3 (June 19, 2023): 109–17. http://dx.doi.org/10.33731/32023.282330.

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The article covers the study of some aspects of protecting the intellectual property rights in the areas of biology, medicine and pharmacy including biotechnological inventions. The rapid progress of science and technology, the generation and accumulation of knowledge, the possibilities to process large amounts of various data further stimulate the development of all social areas and unprecedentedly contribute to the emergence of innovations, in particular in the area of biotechnology. Intellectual property rights have a direct impact on the progress of medical and biological research, but inc

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