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Journal articles on the topic 'Possession vs. property'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Shukla, Madhubala Sheokumar, and Haider Ali. "Compensation Under Land Acquisition Law – Concept, Parameters, Interpretation." Think India Quarterly 27, no. 1 (2024): 29–61. https://doi.org/10.5281/zenodo.10814848.

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Compensation is embedded in Eminent Domain which means supreme power of the Govt. to acquire the property of any person without his consent in the interest of the General Public, however subject to payment of compensation. During Constituent Assembly Debates the question of public purpose , the Govt.  authorised  with the power of eminent domain, and the compensation were intricately linked mainly because of the issue of zamindari<em>. </em>Battle between the Parliament and the Supreme Court ensued over expropriation and compensation and  through a  series of amendments to

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12

Dwarampudi, Rajasri Reddy, and Mahathi Bokkasam. "The Bhaktivedanta Book Trust India vs. Www. Friendwithbooks. Co." DME Journal of Law 5, no. 01 (2024): 75–80. http://dx.doi.org/10.53361/dmejl.v5i01.11.

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The case of “The Bhaktivedanta Book Trust India vs. Www. Friendwithbooks. Co.” centers around a legal dispute involving the copyrights of works authored by A.C. Bhaktivedanta Swami Prabhupada, the founder of the International Society for Krishna Consciousness (ISKCON), who had taken the vow of sanyasa, traditionally involving the renunciation of all worldly possessions. The Bhaktivedanta Book Trust India (BBT India), the plaintiff, claims ownership of these copyrights, arguing that despite Swami Prabhupada’s renunciation, he retained intellectual property rights which were legally assigned to

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13

Bencherki, Nicolas, and Alaric Bourgoin. "Property and Organization Studies." Organization Studies 40, no. 4 (2017): 497–513. http://dx.doi.org/10.1177/0170840617745922.

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Property is pervasive, and yet we organization scholars rarely discuss it. When we do, we think of it as a black-boxed concept to explain other phenomena, rather than studying it in its own right. This may be because organization scholars tend to limit their understanding of property to its legal definition, and emphasize control and exclusion as its defining criteria. This essay wishes to crack open the black box of property and explore the many ways in which possessive relations are established. They are achieved through work, take place as we make sense of signs, are invoked into existence

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14

de Clippele, Marie-Sophie, and Lucie Lambrecht. "Art Law & Balances. Increased Protection of Cultural Heritage Law vs. Private Ownership: Towards Clash or Balance?" International Journal of Cultural Property 22, no. 2-3 (2015): 259–78. http://dx.doi.org/10.1017/s0940739115000119.

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Abstract:Private ownership and cultural heritage protection are two interests in continuing tension. The traditional conception of property right is based on an absolute individual right to the peaceful enjoyment of possessions. However, interference in this right may restrict its exercise and impose charges on the owner, such as classification measures and conservation easements. This paper formulates a hypothesis about an increased protection of cultural heritage along with that of private ownership.Against the background of a complex constitutional allocation of cultural powers, Belgian law

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15

Balvardi, Keyvan Daryabeigi. "Investigating Some Cases on Executive Immunity of States." Journal of Politics and Law 10, no. 3 (2017): 158. http://dx.doi.org/10.5539/jpl.v10n3p158.

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Immunity from execution means that the criminal court verdict against a natural person who is resident in the country as a foreign government’s representative is not enforceable. Its philosophy is the good performance of diplomatic missions and compliance with the general principle of the sovereignty of states whereby no state should be judged by another state or another state’s laws are applied to it. Despite some views that under certain circumstances and with certain existential context continue to invoke the immunity, there is no doubt that the dominant approach of courts in civilized soci

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16

Górniak, Wanda, Hanna Moniuszko, Konrad Wojnarowski, et al. "Effect of Vegetable Oils Feed Additives on Endoparasites Associated with Dewormed Racing Horses." Agriculture 11, no. 6 (2021): 525. http://dx.doi.org/10.3390/agriculture11060525.

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The effectiveness of commonly used parasiticides decreases due to the drug resistance developed by many organisms. Therefore, the application of feed additives possessing antiparasitic properties may be helpful in limiting the burden of parasites. The aim of this research was to evaluate parasitological coefficients for endoparasites of regularly dewormed Arabian horses and Thoroughbreds, fed on a basal diet of oat and muesli with vegetable oils and/or without vitamin E. The observations revealed parasitic invasion in 25 of 27 examined horses. The most frequent in both breeds were Strongylidae

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17

Kuzmenko, Serhii. "LEGAL BASIS FOR COMPENSATION BY THE STATE TO THE VICTIM FOR THE DAMAGE CAUSED BY A CRIMINAL ОFFENSE". Law Journal of Donbass 76, № 3 (2021): 143–49. http://dx.doi.org/10.32366/2523-4269-2021-76-3-143-149.

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The article focuses on the mechanism of compensation to the victim for the damage caused by a criminal offense and the positive obligations of the state to guarantee to everyone under its jurisdiction the effective use of property rights and its restoration in case of violation. Attention is drawn to the long-term absence in the national legislation of Ukraine of a mechanism of compensation at the expense of the State Budget of Ukraine for damage caused to the victim as a result of a criminal offense. The article analyzes the impact of the conclusions made by the European Court of Human Rights

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18

Cyran, Eugeniusz, and Bogdan Szymanek. "Phonological and Morphological Functions of Palatalisation in Irish and Polish." Studia Celto-Slavica 3 (2010): 99–134. http://dx.doi.org/10.54586/irdh7962.

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The paper attempts to compare the status of palatalization of consonants in Modern Irish and Polish within the phonological and morphological systems of the two languages. Irish and Polish have been selected from the Celtic and Slavic groups due to the fact that both have palatalized consonants. One function, which is connected with the palatalized / non-palatalized distinction is expressing lexical contrast, e.g. Irish cúis [ku:ʃ] ‘reason’ vs. ciumhais [kʲu:ʃ] ‘edge’ and Polish beli [beli] ‘roll, Gen.sg.’ vs. bieli [bʲeli] ‘whiteness, Gen.sg.’. Phonologically speaking, the term ‘palatalizatio

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19

Ben-Neriah, Yinon, Avanthika Venkatachalam, Avner Fink, et al. "Targeting the Transcriptional Addiction of Leukemia Stem Cells By a New Class of Protein Kinase Inhibitors." Blood 130, Suppl_1 (2017): 812. http://dx.doi.org/10.1182/blood.v130.suppl_1.812.812.

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Abstract Cancer stem cells present a major therapeutic challenge - their effective eradication depends on therapeutic targeting of the relative vulnerabilities of the cancer stem cells vs. normal tissue stem cells. One feature that distinguishes cancer initiating and propagating cells from their normal counterparts is transcriptional addiction, providing opportunities for novel therapeutic interventions with the aim of curing cancer. CKIα ablation appears as a promising means of activating p53 and killing leukemia cells in MDS and AML (Elyada et al , doi:10.1038/nature09673; Kronke et al, doi:

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20

Duc, Nguyen Quang. "The Position and the Development Trends Private Property and Common Property." VNU Journal of Science: Legal Studies 35, no. 3 (2019). http://dx.doi.org/10.25073/2588-1167/vnuls.4208.

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The issue of the relationship between private property and common property has engaged both legal and economic scholars in a long series of controversies over the meaning, the sequence of development, and the superiority of private vs. common property. The issues debated relate to the efficiency, equity and sustainability of private property as contrasted to common property. Many scholars think of contemporary examples of common property as remnants of the past, likely to disappear during the twenty-first century. Recent research, however, has challenged the presumption that private property i

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21

Hartley, Calum, Nina Harrison, and John J. Shaw. "Does Autism Affect Children’s Identification of Ownership and Defence of Ownership Rights?" Journal of Autism and Developmental Disorders, January 25, 2021. http://dx.doi.org/10.1007/s10803-021-04872-6.

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AbstractThis study investigated how autism spectrum disorder (ASD) impacts children’s ability to identify ownership from linguistic cues (proper nouns vs. possessive pronouns) and their awareness of ownership rights. In comparison to typically developing (TD) children matched on receptive language (M age equivalents: 53–56 months), children with ASD were less accurate at tracking owner-object relationships based on possessive pronouns and were less accurate at identifying the property of third parties. We also found that children with ASD were less likely to defend their own and others’ owners

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22

Horigome, Ayako, Nanami Hashikura, Keisuke Yoshida, Jin-zhong Xiao, and Toshitaka Odamaki. "2′-Fucosyllactose Increases the Abundance of Blautia in the Presence of Extracellular Fucosidase-Possessing Bacteria." Frontiers in Microbiology 13 (June 2, 2022). http://dx.doi.org/10.3389/fmicb.2022.913624.

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Blautia is a genus of anaerobic bacteria that is widely distributed in the mammalian gut. Recently, an increasing body of research has demonstrated a link between this genus and human health, suggesting applications as a novel probiotic strain. Moreover, we have previously shown that 2′-fucosyllactose (2′-FL), a major component of human milk oligosaccharides, increases the relative abundance of Blautia sp., particularly Blautia wexlerae, in the cultured fecal microbiota of healthy adults using a pH-controlled single-batch fermenter. However, the effects of 2′-FL on Blautia proliferation vary a

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23

Md., Shadat Hossen, and Rahman Atiqur. "Legal and Institutional Mechanism of Transparency: Bangladesh Perspective." September 20, 2019. https://doi.org/10.5281/zenodo.3451502.

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<strong>Transparency</strong> Transparency means the continuous sharing of information, decision making, and implementation should be open. It is not sufficient that should simply be made available. It must also be reliable and presented in useful and understandable ways in order to facilitate accountability.[1]Information should be accessible in that every citizen can participate in the debates. Such information helps to ensure a level playing field and encourage the effective participation of all social groups and partnership between different sectors. Transparency makes the institution and

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