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Journal articles on the topic 'Joint ownership law'

Author: Grafiati

Published: 4 June 2021

Last updated: 2 February 2022

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1

Holderness, Clifford G. "Joint ownership and alienability." International Review of Law and Economics 23, no. 1 (2003): 75–100. http://dx.doi.org/10.1016/s0144-8188(03)00015-2.

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Hooper, C. A. "The Mejelle: Book X: Joint Ownership." Arab Law Quarterly 3, no. 4 (1988): 366. http://dx.doi.org/10.2307/3381710.

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Hooper, C. A. "The Mejelle: Book X: Joint Ownership (Continued)." Arab Law Quarterly 4, no. 1 (1989): 64. http://dx.doi.org/10.2307/3381447.

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Hooper, C. A. "The Mejelle: Book X: Joint Ownership (Continued)." Arab Law Quarterly 4, no. 2 (1989): 157. http://dx.doi.org/10.2307/3381807.

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Лик and Jan Lic. "The problem of joint co-ownership in a Polish civil law partnership." Administration 2, no. 3 (2014): 71–75. http://dx.doi.org/10.12737/5640.

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The problem of joint co-ownership in a Polish civil law partnership constitutes one of the most complex and contentious problems in Polish civil law. On one hand, there are many reasons why a civil law partnership should have legal capacity, capacity to be a party in civil cases, bankruptcy capacity and a status of an entrepreneur. On the other hand, the system of joint co-ownership precludes the partnership from being accorded that status. Recognising the legal capacity of a partnership would mean that it is a carrier of rights and obligations. This, however, would be defied by the system of

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Zarandia, Tamar, and Tamar Tatanashvili. "Apartment ownership in a Condominium under Georgian Law." TalTech Journal of European Studies 10, no. 2 (2020): 28–41. http://dx.doi.org/10.1515/bjes-2020-0013.

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Abstract The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a co

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Aguilar, Ananay. "Distributed Ownership in Music." Social & Legal Studies 27, no. 6 (2017): 776–98. http://dx.doi.org/10.1177/0964663917734300.

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Following criticisms of British copyright law that it is influenced by Romantic ideals of authorship, I ask whether it makes sense to distinguish between music composers and performers in law. Drawing on interviews with classical and popular music performers and relevant case law, I examine how performers negotiate and exploit different rights in order to determine ownership. Evidence suggests that rather than a binary, musicians’ creative work can best be represented as moving along a continuum between composition and performance with both concepts socially much in use. Musicians position the

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BRYHINETS, Oleksandr. "On the issue of joint land ownership in Ukraine." Economics. Finances. Law, no. 7 (July 30, 2021): 5–8. http://dx.doi.org/10.37634/efp.2021.7.1.

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Transformation of property relations has determined the need to find modern legal constructions for the settlement of joint ownership of land and property. The article states that the most common practice is the design of adjacent territories only after the preparation of a land management project commissioned by condominiums in the relevant project organization. It is determined that the improvement of ownership mechanisms, especially in the land sphere, has led to the abandonment of collective ownership, which requires further development of modern forms of land ownership, as well as effecti

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Nandoshvili, Ekaterine. "Improving the Regulation of Joint Rights in Civil Law." European Scientific Journal, ESJ 17, no. 30 (2021): 69. http://dx.doi.org/10.19044/esj.2021.v17n30p69.

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This paper focuses on analyzing the norms regulating joint rights, presents their shortcomings, and criticizes the misconceptions expressed in the legal literature about the types of common property, joint rights, and co-ownership. The paper considers the incompleteness of the provisions regulating the legal consequences of the abolition of joint rights as a serious shortcoming of the Civil Code of Georgia. A novelty is a mechanism proposed in this paper, and it is possible to assign the entire property to one of the participants in case of abolition of joint right, in exchange for compensatio

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Castrén, Tuukka. "Ownership and Incentives in Joint Forest Management: A Survey." Development Policy Review 23, no. 1 (2005): 87–104. http://dx.doi.org/10.1111/j.1467-7679.2005.00277.x.

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TURKINA, A. E. "COMPARATIVE ANALYSIS OF APPROACHES TO THE REGULATION OF JOINT OWNERSHIP OF COPYRIGHTS." Civil Law Review 21, no. 1 (2021): 75–103. http://dx.doi.org/10.24031/1992-2043-2021-21-1-75-103.

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

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Pawlowski, Mark, and James Brown. "Beneficial Ownership of the Family Home." Denning Law Journal 32, no. 1 (2021): 151–73. http://dx.doi.org/10.5750/dlj.v32i1.1920.

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The aim of this article is to review and critically analyse the English law relating to common intention constructive trusts in the context of the family home. In particular, it seeks to show how the English courts have addressed the question of establishing and quantifying the parties’ beneficial shares in both sole and joint ownership cases. The writers also seek to compare the English approach with the way in which such questions have been answered by the Australian courts. The primary purpose of this comparison is to consider what lessons (if any) can be learnt from the Australian model.

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Канашевский, Владимир, and Vladimir Kanashevskiy. "The Concept of Beneficial Ownership in Russian Judicial Practice (Private Law Aspects)." Journal of Russian Law 4, no. 9 (2016): 0. http://dx.doi.org/10.12737/21218.

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The author studies the definitions and features of the concept of “beneficial ownership” and its application by Russian courts. Although the Russian civil law does not recognize the concept of beneficial ownership which comes from the English law of equity, this concept is beginning to be recognized by Russian judicial practice, in particular, in the recent resolutions of the Russian Supreme Court of the Russian Federation. The cases in question relate to the division of the joint property acquired by spouses during the marriage (the Russian courts consider the property (assets) of the offshor

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Jarett, Stacy L. "Joint Ownership of Computer Software Copyright: A Solution to the Work for Hire Dilemma." University of Pennsylvania Law Review 137, no. 4 (1989): 1251. http://dx.doi.org/10.2307/3312134.

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Zarubin, A. V. "Team of Co-Owners as a Subject of the Right to Joint Shared Property." Actual Problems of Russian Law, no. 7 (August 25, 2019): 49–56. http://dx.doi.org/10.17803/1994-1471.2019.104.7.049-056.

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The author focuses on the similarity between relations of joint shared property and corporate relations, and proposes a “collective (a team of co-ownwers)” concept of joint property rights that is designed to solve the main problems of relations in question, including the definition of the subject of the right to joint shared property. From the point of view of the “collective” concept, the right to joint property is uniform. If the ownership of individual participants was extended to the whole thing, everyone’s will would be decisive in determining the fate of the thing, but the actual situat

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Truchan-Matłok, Magdalena. "MARITAL INTERDEPENDENCE IN A BUSINESS CONDUCTED AS PART OF A CIVIL LAW PARTNERSHIP AND A COMMERCIAL PARTNERSHIP." Roczniki Administracji i Prawa 1, no. XIX (2019): 383–99. http://dx.doi.org/10.5604/01.3001.0013.3611.

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The author discusses the concept of marital interdependencies while running a business in the form a civil law partnership and a commercial partnership. Firstly, a brief outline of the issues in question is provided. The second chapter presents the characteristics of joint ownership. The third chapter discusses the spouse as an entrepreneur in a civil law partnership. The fourth chapter is the continuation of the previous chapter, extended to include the concept of a civil law partnership entered into by one of the spouses prior to the establishment of statutory community property regime and f

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Çipi, Amali, Enida Pulaj, and Raman Ismaili. "Corporate Governance and Law Enforcement in Albanian Joint Stock Companies." International Business Research 9, no. 11 (2016): 201. http://dx.doi.org/10.5539/ibr.v9n11p201.

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<p class="05AbstractKeywords">Proper implementation of CG regulations by the companies brings advantages both for companies and countries. Furthermore, the quality of legal rules determines the shape of the ownership concentration structure of the firm and, in many cases, assumes a monitoring role. In this sense for Albanian economy improving the use and enforcement of “good” CG practices will lead to higher foreign investment and soft passage towards modern economy. In this paper, we aim to analyze the evolutionary patterns of CG legal framework in Albania and, based on an application o

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Stanton, Keith. "Joint bank accounts and survivorship." Common Law World Review 47, no. 3 (2018): 162–66. http://dx.doi.org/10.1177/1473779518791768.

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Who is beneficially entitled to the money deposited in a joint bank account? In the great majority of cases, it is clear that the money is jointly owned and will pass on the death of one of the account holders to the survivor. However, things are not always simple and the law then has to decide as to the ownership of the money in a dispute between the surviving account holder and the estate of the deceased. The decision of the Judicial Committee of the Privy Council in Whitlock v Moree, a case on appeal from the Court of Appeal of the Bahamas is the latest decision on this topic.

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Tutik, Titik Triwulan. "MARRIAGE AGREEMENT FOR THE JOINT ASSETS IN MIXED COUPLE MARRIAGE ACCORDING IN INDONESIA BOOK OF CIVIL LAW NUMBER 1 OF 1974 POST DECISION OF THE COURT OF CONSTITUTION NUMBER 69/PUU-XIII/2015." International Journal of Research -GRANTHAALAYAH 9, no. 1 (2021): 290–301. http://dx.doi.org/10.29121/granthaalayah.v9.i1.2021.3119.

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This study aims to analyze the position of the Marriage Agreement for Joint Treasures in Mixed Marriage from three sides of the law, namely Civil Law, Law Number 1 of 1974, and Constitutional Court Decree Number 69/PUU-XIII/2015. Hypothesis: Decision of the Constitutional Court Number 69/PUU-XIII/2015 in line with Islamic law that prioritizes equal rights and obligations between husband and wife in terms of ownership of assets in marriage. The method: used is normative (dogmatic) legal research, which is intended to find and formulate legal arguments, through analysis of the subjec

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Staves, Susan. "Chattel Property Rules and the Construction of Englishness, 1660–1800." Law and History Review 12, no. 1 (1994): 123–53. http://dx.doi.org/10.1017/s0738248000011275.

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To think of property as “things” owned by “persons” may be to miss a more interesting relation in which personhood itself can be constructed out of ownership rights, especially out of what a particular person is privileged or forbidden to own. Moreover, what is sometimes thought of as “private property” might more accurately be understood as the product of a joint venture engaged in by both individuals and the state. Now, instead of personhood and property existing outside of and independent of the state, both are significantly creatures of the modern state. In early modern England we can see

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Khoirin, Nur. "Marriage Treasure Ownership in Arabic and Nusantara Fiqh Perspectives." ADDIN 12, no. 2 (2018): 555. http://dx.doi.org/10.21043/addin.v12i2.4543.

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<p>One of the problems that often arise after the divorce is the ownership of assets acquired during marriage, whether it belongs to the husband, wife, or both of them. According to the Compilation of Islamic Law or the fiqh of the results of <em>ijtihad fuqaha</em> Nusantara, the assets obtained in marriage, except those obtained through inheritance or grants from parents/family, are joint property of husband and wife (gono gini). One party may not use it except getting agreement from the other parties. And if marriage breaks, either because of divorce or death, then it must

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Kim, Minju. "The system of co-ownership in Japan." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 374–83. http://dx.doi.org/10.21638/spbu14.2021.208.

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The system of co-ownership in civil law affects various legal relationships, such as property partnerships and co-heirs. This article introduces the general rules of the co-ownership system in the Japanese Civil Code and explains how they are applied in harmony with the regulations concerning property partnerships and co-heirs. In particular, it deals with changes to regulations concerning partnership property and co-inherited property via a recent amendment of the law of obligations and law of inheritance. There is a debate about whether partnership property is shared jointly or collectively

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Judiasih, Sonny Dewi. "THE STATUS OF MATRIMONIAL PROPERTY OWNERSHIP IN MIXED MARRIAGES." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 27, no. 1 (2015): 145. http://dx.doi.org/10.22146/jmh.15902.

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Many Indonesians have committed themselves into a mixed marriage, both in Indonesia and outside the country. Mixed marriage would mean that there are differing nationalities who abide under two different state laws and as consequence of this, issues of private international law in joint property would emerge. On the status of ownership on immovable assets such as land, the nationality principle must be paid attention to, because according to Indonesian law, only Indonesian citizens may have access to Land Ownership Rights. Thus, in mixed marriages, foreign spouses (husband or wife) may not hav

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Gashi, Haxhi, and Bashkim Preteni. "MARRIAGE AND PROPERTY REGIME OF SPOUSES UNDER KOSOVO CURRENT LAW AND DRAFT – CIVIL CODE." Pravni vjesnik 36, no. 3-4 (2020): 309–23. http://dx.doi.org/10.25234/pv/10800.

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The impact of marriage in the property rights of spouses has been recognized since Roman law and nowadays remains a principle well established under each European legal system. Under Kosovo law, marriage creates different legal consequences between spouses including for their property rights. The current property regime of spouses under the Law on Family establishes rules on individual ownership and joint ownership. However, it does not recognise the contract for the regulation of the property regime of spouses. This has created problems with regard to the separation of the property after the

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Pratama, Adhitya Dimas. "KEDUDUKAN KEPEMILIKAN HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN TANPA ADANYA PERJANJIAN PISAH HARTA." Jurnal Panorama Hukum 3, no. 2 (2018): 247–63. http://dx.doi.org/10.21067/jph.v3i2.2828.

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Intermarriage is a phenomenon that is rife with the development of increasingly rapid technology weapons. Implementation of mixed marriages must not be separated from the constraints and risks will dihadi offender Mixed Marriage itself. One of the problems that arise are related to the occurrence of the Joint Treasure especially over land rights as legal consequences arising from the holding of intermarriage intermarriage especially if implemented without prenuptial agreement. The author of this thesis wants to study and analyze more about the law as a result of intermarriage without severance

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Francis, Jere R., Chrystelle Richard, and Ann Vanstraelen. "Assessing France's Joint Audit Requirement: Are Two Heads Better than One?" AUDITING: A Journal of Practice & Theory 28, no. 2 (2009): 35–63. http://dx.doi.org/10.2308/aud.2009.28.2.35.

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SUMMARY: We examine auditor choice for listed companies in France where two (joint) auditors are required by law. This unique setting creates more complex auditor choice than the typical Big 4/non-Big 4 dichotomy in other countries, and we study if a firm's ownership structure affects its auditor-pair choice as well the consequences on earning quality. The findings are consistent with agency theory and indicate that a Big 4 auditor (paired with a non-Big 4 auditor) is more likely to be used when there is greater information asymmetry (less family control and more diversified ownership structur

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Hryniak, Andrii B., and Oleg B. Hryniak. "Contractual grounds for the emergence of housing ownership." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (2021): 115–27. http://dx.doi.org/10.37635/jnalsu.28(1).2021.115-127.

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The study provides the theoretical analysis of such secondary grounds for the emergence of housing ownership as civil law contracts. It is established that a civil law contract constitutes the most common basis, which delineates the general will of the contracting parties in a single expression of will, aimed at the transfer of housing ownership. There is a good reason that the contract constitutes a legal fact, a form of legal relations, a document that consolidates the rights and obligations of the parties, and the regulator of the relationship of transfer of housing. The study analysed and

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Sonnekus, JC. "Regspraak: Einde van gemeenskaplike boedel van ’n egpaar getroud in gemeenskap van goed en aanvang van uitwissende verjaring van tersake vorderinge val saam." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 1 (2021): 184–99. http://dx.doi.org/10.47348/tsar/2021/i1a12.

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But for an extraordinary order for a division of the joint estate stante matrimonio under section 20 or 21 of the Matrimonial Property Act 88 of 1984, the default joint estate of spouses married in community of property will come to an end with the demise of the marriage. This is either with the death of the firstdying spouse or by an order of the divorce court. It is impossible to extend the joint estate beyond these moments. With the end of the joint estate, the erstwhile spouses (or the estate of the demised spouse) are entitled to claim half of the value of the erstwhile joint estate. If t

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Pavis, Mathilde, Charlotte Waelde, and Sarah Whatley. "Who can Profit from Dance? An Exploration of Copyright Ownership." Dance Research 35, no. 1 (2017): 96–110. http://dx.doi.org/10.3366/drs.2017.0185.

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Focusing on UK copyright law, this article explores ownership of the dance by reference to the work of disabled dance artists. Our attention is on this group because their position within the dance workforce has always been precarious and so perhaps have most to gain through greater recognition of authorship in their work. Through an examination of the law as it applies to two different projects featuring Caroline Bowditch, we suggest that, contrary to the views of some, the performers are either authors of the copyright in the arrangement of the dance on their bodies, or joint authors in the

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Medić, Duško. "Protection of Property Rights in the Law of Republika Srpska / Zaštita prava svojine u pravu Republike Srpske." Годишњак факултета правних наука - АПЕИРОН 4, no. 4 (2014): 17. http://dx.doi.org/10.7251/gfp1404017m.

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Property right as the most extensive legally recognized ownership on things has also wide-ranging legal protection. The author deals with the issue of the protection of the property rights in accordance with the Republika Srpska Law of Proprietary Rights. This Law distinguishes property claim for return on things (rei vindicatio), hypothetical property claim, (actio Publiciana) and claim for intrusion or disturbance (actio negatoria). The aforementioned claims also existed in the Roman legislation. Principles regarding protection of the property rights, mostly apply to the protection of rights

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Nevzgodina, Elena, and Natalia Temnikova. "On the Prospects for the Development of the Institution of Joint Property of Spouses." Herald of Omsk University. Series: Law 17, no. 3 (2020): 109–12. http://dx.doi.org/10.24147/1990-5173.2020.17(3).109-112.

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Introduction. The review presents A. A. Dobrovinsky’s monograph “Problems of property relations in family law of the Russian Federation: theory, practice and law reform” (Moscow: Eksmo, 2020. 208 p.), devoted to theoretical and practical problems of the legal regime of marital property. The monograph illuminated a number of topical and problem issues of the theory and practice of family disputes concerning common property of spouses, such that circumvented proper attention in the science of family law and cause significant difficulties in the judicial practice: the issu

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Fiedorczyk, Piotr. "POLSKI KODEKS RODZINNY Z 1950 R. CZY PRZEŁOM?" Zeszyty Prawnicze 11, no. 2 (2016): 129. http://dx.doi.org/10.21697/zp.2011.11.2.07.

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POLISH 1950 FAMILY CODE – A TURNING-POINT? Summary Shortly after World War II new Communist authorities unified civil law in Poland. It was based on drafts prepared before the war by the Codification Committee, so it was a good example of law based on European legal tradition. In 1948 political situation has changed and new civil law was declared as a “bourgeois” and it had to be changed to become “socialist”. Family law was replaced as the first one, and it was separated from civil code, like in the USSR. The draft was prepared together with Czechoslovakia. Among many changes, the most import

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Choo, Yap Yin, Leonardo Corbo, and Kun Wang. "Joint impact of airline market structure and airport ownership on airport market power and profit margin." Transport Policy 72 (December 2018): 67–78. http://dx.doi.org/10.1016/j.tranpol.2018.09.017.

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Pellegrini, Carlo Bellavite. "An empirical analysis of “corporate Italy”: Legal entities, financial and ownership structure and corporate governance 2004-2012." Corporate Ownership and Control 10, no. 4 (2013): 117–29. http://dx.doi.org/10.22495/cocv10i4art9.

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This research has a twofold target. For one extent it embraces on a wider historical period previous analyzed related to the innovative bodies of law introduced by the Vietti’s Reform in 2004, providing an overall evidence related to the Italian corporate system, ranging from consistency and dynamics of the different forms of legal entities, to their corporate governance and ownership structures. For another extent it proposes completely new data about other patterns of “Corporate Italy” which have never been enquired in a systematic way before. The paper provides a wide analysis of the owners

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Nurhayati, Yati, and Ifrani Ifrani. "The Legal Consequences Regarding The Execution Of Joint Property Land Obtained Due Transnatiional Marriage In Indonesian Positive Law." Lambung Mangkurat Law Journal 3, no. 1 (2018): 120. http://dx.doi.org/10.32801/lamlaj.v3i1.66.

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The arising issues of transnational marriage in Indonesia, that is frequent is related to the land ownership of Indonesian Citizen (WNI). The research method that is used is a normative juridical approach which analyzed based on the jurisprudence. Based on Indonesian positive law, the citizen who in the transnational marriage without prenuptial agreement, the rights status of his/her land in the form of property acquired jointly be equalized to his/her partner is only the rights to use. The partition of land property acquired jointly when divorce occurs in a transnational marriage beyond the s

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Sulistiorini, Baiq Santi. "PROBLEMATIKA EKSEKUSI PUTUSAN HARTA BERSAMA DI ATAS TANAH ADAT (STUDI DI DESA LEBAH SEMPAGA KECAMATAN NARMADA KABUPATEN LOMBOK BARAT)." JURNAL SCHEMATA Pascasarjana UIN Mataram 8, no. 2 (2019): 217–36. http://dx.doi.org/10.20414/schemata.v8i2.1037.

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This study aims to determine the customary provisions of the Village of Lebah Sempaga regarding the mastery of buildings on customary land, know the legal considerations of the judges and the barriers to execution of shared property on customary land. This research is a field research using normative and sociological juridical approaches and involves judges and litigants, community leaders and traditional leaders of Lebah Sempaga Village. Data mining is done by observation, indepth interviews and documentation studies. The results of this study indicate that the customary provisions of the Leb

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Axyonova, Vera. "Promoting Justice Reforms in Central Asia: The European Union’s Rule of Law Initiative as Part of a Comprehensive Democratization Strategy?" Central Asian Affairs 3, no. 1 (2016): 29–48. http://dx.doi.org/10.1163/22142290-00301002.

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This article examines the European Union’s (eu’s) rule of law promotion in post-Soviet Central Asia. More specifically, it focuses on the eu’s Rule of Law Initiative, which aims to support legal sector modernization and judicial reforms in the region. Drawing on the “democratic rule of law” (droL) model developed by Magen and Morlino, the article analyzes whether the Rule of Law Initiative can contribute to democratization processes in Central Asia. Based on content analysis of eu documents and semi-structured expert interviews with European and Central Asian stakeholders, the study reveals th

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Egede, Edwin. "The Common Heritage of Mankind and the Sub-Saharan African Native Land Tenure System: A “Clash of Cultures” in the Interpretation of Concepts in International Law?" Journal of African Law 58, no. 1 (2013): 71–88. http://dx.doi.org/10.1017/s0021855313000144.

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AbstractThe deep seabed beyond national jurisdiction and the seabed's resources have been declared the common heritage of mankind. There are however divergent views on exactly what the common heritage of mankind is. Does it connote joint management or common ownership of this spatial area? This article argues that culture is one of the relevant factors to be considered in understanding the interpretation given to the common heritage of mankind by sub-Saharan African states and that the role of culture cannot be ignored in appreciating how states interpret concepts in international law.

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Febriani, Ayu Fitria. "Kebijakan Kepemilikan Rumah Susun di Indonesia." Lentera Hukum 6, no. 1 (2019): 15. http://dx.doi.org/10.19184/ejlh.v6i1.8286.

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In the concept of agrarian law, it is not something new anymore that the land is getting less and less while the human need for land increasingly day increases. This is what makes the government then make a policy in the construction of housing in the form of horizontally building homes to save land called flats. The development of the flats is expected to meet the needs of the community will be a place to live and can improve the quality of life of the community. but over time, in perkembangnnya development of flats is also not free from various problems. This article examines the legal certa

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Hakim, Syaikhul. "Reaktualisasi Pembagian Harta Bersama Dalam Mazhab Syafii Dan Kompilasi Hukum Islam Di Indonesia." AKADEMIKA 9, no. 2 (2015): 155–75. http://dx.doi.org/10.30736/akademika.v9i2.60.

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A joint property in the perspective of the Shafi'i school of thought (madzhab) is categorized as so-called al-mal al-musytarak. When the status of ownership is indistinguishable for being mixed, the division could be conducted through a peaceful means (sulh), namely by determining the portion of each spouse and each should accept any agreement. The division of joint property in the Compilation of Islamic Law (KHI) due to both the death of a spouse or divorce should be balanced ie half portion is for the one who lived longer due to the death of a spouse and each spouse will get a half in the ca

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Deneka, Magdalena. "Wynagrodzenie współwłaściciela z tytułu wyłącznego korzystania z rzeczy wspólnej przez innego współwłaściciela i jego domownika. Glosa do postanowienia Sądu Najwyższego z dnia 11 stycznia 2018 r. (III CSK 349/16)." Studia Iuridica Lublinensia 29, no. 3 (2020): 217. http://dx.doi.org/10.17951/sil.2020.29.3.217-237.

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<p>The findings presented in the commentary aim at assessing the legitimacy of the Supreme Court’s view expressed in the decision of 11 January 2018 (III CSK 349/16), according to which the co-owner is obliged towards other co-owners excluded from holding and using the item being the object of fractional ownership to pay the compensation for the use of this item by his household member. The discussion covers the concept and civil-law status of the household member and the admissibility of accepting the household member by the co-owner of a property owned as a fractional ownership. The pr

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Betz, Timm, and Amy Pond. "Foreign Financing and the International Sources of Property Rights." World Politics 71, no. 3 (2019): 503–41. http://dx.doi.org/10.1017/s0043887119000017.

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AbstractHow do firms protect themselves against infringements of their property rights by their own government? The authors develop a theory based on international law and joint asset ownership with foreign firms. Investment agreements protect the assets of foreign firms but are not available to domestic firms. This segmentation of the property rights environment creates a rationale for international financial relationships between firms. By forming financial relationships with foreign firms, domestic firms gain indirect coverage from the property rights available to foreign firms under invest

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Salimov, А. S., and S. V. Voronina. "BANKRUPTCY ESTATE OF THE DEBTOR’S SPOUSE: AN INTERSECTORAL ASPECT." Russian-Asian Legal Journal, no. 3 (September 28, 2020): 26–30. http://dx.doi.org/10.14258/ralj(2020)3.6.

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The bankruptcy estate of the debtor spouse is all property belonging to him both on the basis ofindividual and joint ownership, including unfulfilled property obligations. The composition of the propertyof spouses is determined by the rules of family law, taking into account the legal regulation of certain typesof property, which requires special attention when forming the bankruptcy estate of the debtor spouse. Thebankruptcy estate may include the property of a citizen, making up his share in the total property, which maybe levied in accordance with civil law, family law. Family relations are

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Muniba Nafees, Muhammad Zubair, and Abdullah. "Joint Forest Management Rules: Law and Practice in Khyber Pakhtunkhwa." sjesr 4, no. 1 (2021): 268–77. http://dx.doi.org/10.36902/sjesr-vol4-iss1-2021(268-277).

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The study’s main aim was to provide an in-depth insight into the Community Participation (also called Joint Forest Management or JFM) Rules enforced by the Government of Khyber Pakhtunkhwa (KP) in 2004 to reform the KP Environment Department from a “policing model” to a participatory one. It sought to find out; whether the JFM rules are followed in letter and spirit or the environment department of the province is still using age-old policies without involving the local communities in the management of forests. The study has uncovered the departmental and bureaucratic constraints towards the J

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Usacheva, E. A. "Facility under Construction and Investment in Property Maintenance and Improvement as part of the Joint Property of Spouses: Issues of Object Identification and Choice of Protection Method." Lex Russica, no. 12 (December 16, 2020): 156–63. http://dx.doi.org/10.17803/1729-5920.2020.169.12.156-163.

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The purpose of the paper is to classify the buildings built in marriage and investments made in one of the spouses’ property from the viewpoint of the current system of civil rights objects, to determine the appropriate ways to protect the interests of the spouses arising in connection with these objects. The analysis of the norms of civil and family legislation made it possible to identify the problem of legal insecurity of a spouse’s interest in common joint property when reimbursing expenses incurred in connection with his investments into the other spouse’s property maintenance or improvem

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BRYHINETS, Oleksandr. "Participation of the state of Ukraine in providing the agreement as a grounds for the transfer of ownership to the land plot." Economics. Finances. Law, no. 8 (August 27, 2021): 5–8. http://dx.doi.org/10.37634/efp.2021.8.1.

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The paper states that the current civil and land legislation contains numerous internal contradictions regarding the content of the papers, and is not always consistent in resolving various issues. It is necessary to eliminate the contradictions of the provisions of civil and land legislation, as well as to identify priorities in the regulation of land relations, to build a logical conceptual apparatus to protect the rights of legal entities. Public relations of land ownership form the basis not only of land relations, but also of many economic and social relations in society and the state. In

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Spolaore, Piergiuseppe. "Ownership and Governance of Central Banks: Insights from the Italian Experience." European Company and Financial Law Review 17, no. 6 (2020): 619–56. http://dx.doi.org/10.1515/ecfr-2020-0030.

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Between the end of 2013 and the beginning of 2014, a radical reform of Banca d’Italia – the Italian central bank and banking supervisory authority – was enacted. It was the last chapter of an historical evolution, started in 1893 with its incorporation as a joint-stock-corporation under private law, whose result places the Italian system within the niche of countries that entail the participation of private investors to the ownership and governance of central banks. This article analyzes the relevant Italian regulation also by comparing it with other international experiences. While most of th

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Isache, Dragoș. "Efectele partajului în noul Cod civil român: o (r)evoluție?" Studia Universitatis Babeş-Bolyai Iurisprudentia 65, no. 4 (2021): 415–55. http://dx.doi.org/10.24193/subbiur.65(2020).4.11.

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Joint possession and settlement needed revival in 2011, yet the Legislator did not do much about it. It took from jurisprudence the regulations regarding joint possession (in the broad sense) and simply built a legal regime that in no way can satisfy the economic and social needs of joint holders. And the possibility to enter a management agreement remains in a very theoretical level that is far from practical reality, where such an agreement between joint owners does not exist. Settlement – the place where joint owners end their joint possession – was the second item that required modificatio

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Normand, Sylvio. "La propriété spatio-temporelle." Les Cahiers de droit 28, no. 2 (2005): 261–340. http://dx.doi.org/10.7202/042812ar.

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Ownership is one of the fundamental notions in the Civil Code and yet far too often writings on the subject have presented a narrow view of it. Obviously, its has a well determined genetic code since its general attributes are usus, fructus, abusus and vis attractiva, while its specific features include exclusivity, perpetuity and absolutism ; still it remains a pliable concept. For on the one hand, though core prerogatives remain with the holder of the right, the attributes and features of ownership may not be so well affirmed, which immediately infers the existence of modalities of the right

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Mykhalniuk, O. "DEFINITION OF THE CONCEPT OF MARRIAGE CONTRACT: NEW APPROACHES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 58–62. http://dx.doi.org/10.17721/1728-2195/2021/2.117-11.

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The purpose of the article is to study current issues of regulation of family relations under the marriage contract, to define the concept and content of the marriage contract in the light of new trends in notarial and judicial practice of Ukraine. For this research a number of general scientific and specific legal methods have been used, namely analysis of the legal issues, judicial categories, applied comparative-legal, systematic- structural, formal-logical methods and etc.. The author proposes a systematic approach to the study of problems of changing legal regimes of marital property unde

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