Academic literature on the topic 'Possession vs. property'

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Journal articles on the topic "Possession vs. property"

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Gerber, Julien-François, and Rolf Steppacher. "Propriété contre possession: les conflits liés aux plantations industrielles d'arbres | Property rights vs. common law possession: conflicts surrounding industrial tree plantations." Schweizerische Zeitschrift fur Forstwesen 158, no. 3-4 (2007): 65–69. http://dx.doi.org/10.3188/szf.2007.0065.

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This article proposes a new way of looking at social conflicts relating to industrial tree plantations by arguing that such conflicts reflect the struggle between two distinct institutional logics, i.e., property versus possession. The abstract logic of property, enhanced by credit relations and the minimization of costs, stimulates commercial plantations and tends to be detrimental to the environment. By contrast, the concrete logic of possession forces local communities to take account of complex local social and ecological interactions, and thereby encourages a sustainable use of the forest
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Nikolov, D. P. "Possession vs right of possession of the land plot: is this differentiation necessary?" Uzhhorod National University Herald. Series: Law 1, no. 80 (2024): 370–74. http://dx.doi.org/10.24144/2307-3322.2023.80.1.54.

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The article is devoted to the issue of protection of property rights on land of the water fund and forestry purpose in the context of their possession.
 The author examines the classification of possession into possession as a fact (which includes not only actual (physical) possession, but also a record based on an illegal title) and possession as a right, which can only be legal, “introduced” by the decision of the Grand Chamber of the Supreme Court. The author analyzes the court’s proposed differentiation of “possession” and “rights of possession” of a land plot in the context of the th
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Ryabinin, Nikolay, and Kseniya Filipson. "Theft vs find: theoretical and practical issues." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 3 (2021): 121–30. http://dx.doi.org/10.35750/2071-8284-2021-3-121-130.

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The purpose of the study is to analyze the features of legal relations regulated by Art. 158 of the Criminal Code of the Russian Federation and Art. 227 of the Civil Code of the Russian Federation, as well as to identify and resolve the problems related to the proper legal definition of these relations.
 The main research methods are: structural-system, methods of logical analysis and synthesis, formallegal,
 comparative-legal, as well as collecting information through the study of scientific periodicals and materials of judicial practice on this issue.
 The article discusses in
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Rosati, Simone. "Community (Custom) vs. State (Law): The Debate about Property in the Papal States in the 18th – 19th Centuries." Studia Iuridica 80 (September 17, 2019): 335–53. http://dx.doi.org/10.5604/01.3001.0013.4817.

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During the 18th century, an increasingly strong individualistic attitude in the way of understanding the relationship between man and the tangible world spread throughout Europe. The legal institution which, more than any other, suffered from the effects of this reductionism was the Property as victim of incredible compression in comparison to medieval world. The exclusive model that the new Enlightenment and the bourgeois mentality wanted to adopt was the individual Property, to the detriment of all those forms of possession documented in the Middle Ages. The present study intends to investig
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Naumova, E. I., та A. V. Makarin. "ФАШИСТСКАЯ МОРАЛЬ VS. МЫШЛЕНИЕ". Konfliktologia 13, № 2 (2018): 128. http://dx.doi.org/10.31312/2310-6085-2018-13-2-128-139.

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this article is about the conflict between such phenomenons as the fascist morality and thinking. The fascist morality is the distinctive feature of the totalitarian regimes, it based on the capitalist rationality. The origins of the capitalist rationality are connected with two processes: the extinction of the antique division into public and private sphere and the expropriation of the property. In antique time the property was the private space of the person, the place of his birth and death. The expropriation happened with the Reformation that, firstly, lead to the destruction of the dichot
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Naumova, E. I., та A. V. Makarin. "ФАШИСТСКАЯ МОРАЛЬ VS. МЫШЛЕНИЕ". Konfliktologia 13, № 2 (2018): 137. http://dx.doi.org/10.31312/2310-6085-2018-13-2-137-147.

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this article is about the conflict between such phenomenons as the fascist morality and thinking. The fascist morality is the distinctive feature of the totalitarian regimes, it based on the capitalist rationality. The origins of the capitalist rationality are connected with two processes: the extinction of the antique division into public and private sphere and the expropriation of the property. In antique time the property was the private space of the person, the place of his birth and death. The expropriation happened with the Reformation that, firstly, lead to the destruction of the dichot
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Ryabov, Kirill I. "The Specter of Digital Rights." Theoretical and Applied Law, no. 3 (June 7, 2021): 61–63. https://doi.org/10.22394/2686-7834-2021-3-61-63.

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In the article, the author examines the problem of the impact of technological changes on the legal regulation of public relations, namely the development of digital technologies, how significant such an impact turned out to be and whether, in this regard, significant changes in the principles and mechanisms of legal regulation are required. It is asserted in the article that the problem how to adapt existing legal forms in order to address inevitable changes in public relationships (does not matter what the cause of these changes is: the so called “digitalization” or something els
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Lorents, Dmitry. "Real estate registers in Germany and Russia: Public credibility of data vs. bona fide acquisition of property." Pravovedenie 67, no. 4 (2023): 413–44. http://dx.doi.org/10.21638/spbu25.2023.403.

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The article analyzes dogma, scientific concepts and judicial practice on the acquisition of immovable property in case of its unauthorized alienation in Germany and Russia. The author proposes to improve the Russian model of real estate ownership protection, which is based on German legal constructions. Reasonable the acquirer should check the powers of the counterparty (the title) and doubt them, for example, when the price of the contract is non-market. However, such logic is nonsense in the sphere of civil turnover of real estate, because the legislator establishes the presumption of regist
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Dode, Silvana. "Justification of Acquisitive Prescription in the Civil Law System. Why is It Not an “Uncompensated Deprivation?" European Journal of Interdisciplinary Studies 1, no. 3 (2015): 170. http://dx.doi.org/10.26417/ejis.v1i3.p170-186.

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Acquisitive prescription (a civil law institute) and Adverse Possession, its equivalent in the common law system is alreadya consolidated private law institute. It is recognised from the legal systems of almost each country in the world and is among the most important original ways of gaining ownership.Its constitutionality and the fact that should it be recognized from a legal system or not was brought in question in 2002, sparking a debate between lawyers in the world. The debate rose after the announcement of the decision of the ECHR (European. Court of Human Rights) in the case JA Pye ( Ox
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Dode, Silvana. "Justification of Acquisitive Prescription in the Civil Law System. Why is It Not an “Uncompensated Deprivation?" European Journal of Interdisciplinary Studies 3, no. 1 (2015): 170. http://dx.doi.org/10.26417/ejis.v3i1.p170-186.

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Acquisitive prescription (a civil law institute) and Adverse Possession, its equivalent in the common law system is alreadya consolidated private law institute. It is recognised from the legal systems of almost each country in the world and is among the most important original ways of gaining ownership.Its constitutionality and the fact that should it be recognized from a legal system or not was brought in question in 2002, sparking a debate between lawyers in the world. The debate rose after the announcement of the decision of the ECHR (European. Court of Human Rights) in the case JA Pye ( Ox
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Books on the topic "Possession vs. property"

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Michelman, Frank I. Possession vs. distribution in the constitutional idea of property. Faculty of Law, University of Toronto, 1987.

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Book chapters on the topic "Possession vs. property"

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Cecconi, Elisabetta. "British ideologies in the (re)-shaping of the American identity." In Discourse Approaches to Politics, Society and Culture. John Benjamins Publishing Company, 2025. https://doi.org/10.1075/dapsac.105.02cec.

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Abstract This paper focuses on the use of possessive our in colonial newspapers related to the Imperial Crisis in North America (1764–1783) and analyses its exceptional frequency and distributional patterns through a corpus-based methodology. It investigates the dominant ideologies which (re-)shape the colonists’ national identity by focusing on their linguistic actualizations through a preference for the grammatical relationship of possession. The interconnection between ideologies and possessive usage reveals to what extent the British ideology of property as precondition of liberty and econ
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Beaton, K. B. "K." In A Practical Dictionary of German Usage. Oxford University PressOxford, 1996. http://dx.doi.org/10.1093/oso/9780198240020.003.0011.

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Abstract keep, maintain, preserve vs. Although halten also means ‘to hold’ and ‘to stop’, it and its derivatives express many of the meanings of keep. This article first deals with those senses of halten for which E. uses keep, but treats at the same time derivatives and other words with a related meaning. Order of treatment: 1. Keep = ‘observe, abide by’. She kept her promise. 2. Keep animals, oneself/one’s family, maintain roads, keep accounts, a diary, etc., keep/maintain a house in proper order. 3. Keep= ‘cause to remain in a condition’. Keep your room tidy! 4. Keep= ‘restrain from going a
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