Academic literature on the topic 'Rei vindicatio'
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Journal articles on the topic "Rei vindicatio"
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Du Plessis, Elmien WJ. "Can Estoppel be Raised Against an Eviction in Terms of PIE?" Southern African Public Law 30, no. 2 (December 1, 2017): 434–55. http://dx.doi.org/10.25159/2522-6800/3588.
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Estoppel is a well-known defence against (or limitation on) the rei vindicatio. This would be the case for example where the owner by some representation creates the impression that a third party is the owner of a thing and that the third party has the capacity to alienate the property. The bona fide third party can, when the owner then institutes the rei vindication to recover his property, raise estoppel and preclude the real owner from claiming his property. Before 2002, if one wanted to evict an unlawful occupier from certain residential premises, one would institute the rei vindicatio. In Ndlovu v Ngcobo; Bekker v Jika [2002] 4 All SA 384 (SCA) the court, however, ruled that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) must be used in all instances of evicting people from urban residential premises. The question is: does estoppel serve as a defence/limit in the application of PIE? Surprisingly few cases deal with this issue. The court in Joe Slovo made a few remarks about the possibility of using estoppel as a defence against the rei vindicatio by looking at the interpretation of ‘tacit consent’ required by PIE. This article will interpret provisions of PIE and look at case law that deals with the use of estoppel in lease cases. It will conclude by remarking on the feasibility of using estoppel as a defence in PIE eviction cases.
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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 (July 30, 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 of co-owners and joint proprietors.
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Sonnekus, J. C. "Jhering se knuppel onder die hoenders - sessie van die rei vindicatio anderhalf eeu later." Groninger Opmerkingen en Mededelingen 35 (January 1, 2018): 175–208. http://dx.doi.org/10.21827/grom.35.35654.
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Podshivalov, Tikhon. "Models of Actio Negatoria in the Law of Russia and European Countries." Russian Law Journal 7, no. 2 (May 30, 2019): 128–64. http://dx.doi.org/10.17589/2309-8678-2019-7-2-128-164.
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Actio negatoria is necessary in a situation wherein no one questions the ownership of an object by the owner, and the object remains in his possession, but someone exploits it without sufficient legal basis, treats it just as if he was endowed with the opportunity and the right to use someone else’s object. Despite the apparent simplicity of actio negatoria in the legislation of European countries, three models of this lawsuit have been developed, built according to the actio negatoria design that existed at different stages of the development of Roman private law – the common law model, the Roman model, and the German model. This study is based on the method of analysis of judicial practice and the method of comparative law. Based on the results of this study, we conclude that actio negatoria is not a universal method of protection. It is necessary to deviate from the principle of residual attention of the legislator to actio negatoria, residual, first of all, compared to rei vindicatio. Based on the analysis of the three models of actio negatoria that exist in the law of European countries, a new, fourth model of this lawsuit is proposed. Only an immovable object can be the subject of an actio negatoria dispute. Actio negatoria cannot be used to challenge the registered right to immovable objects. Actio negatoria can be used to protect the subjective right of property from a violation of ownership which is produced by interfering with possession and which does not result in dispossession.
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Ruszkiewicz, Beata. "‘LONGI TEMPORIS PRAESCRIPTIO’ JAKO ZARZUT DŁUGIEGO OKRESU POSIADANIA." Zeszyty Prawnicze 11, no. 1 (December 21, 2016): 245. http://dx.doi.org/10.21697/zp.2011.11.1.13.
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‘LONGI TEMPORIS PRAESCRIPTIO’ AS A DEMURRER IN THE MATTER OF LONG POSSESSIONSummary During centuries Praescriptio longi temporis has changed its meaning, requirements, application and nature, therefore, it seems to be adequate, to use it as a subject of the conference entitled “Law at the turn of the century”. This term derives from the Greek law. During the Pre-Classical Age it had its specific nature of an usual procedural privilege, granted on the basis of a long lack of action taken from the opposite party. Since the 1st century AD it had been used in Roman provinces and between peregrines. In Justinian’s era, after the combination with usucapio, it gained the acquiring nature. Praescriptio longi temporis, as a system operating according to the Greek conception, was, on the one hand, aimed at the ending of the insecurity of the relations resulting from the long-term provincial property possession, while on the other, it couldn’t lead to acquire their ownership due to the fact that they belonged to the Roman State. As the extinguishing limitation, it resembled the roman exceptio, after the defendant, and rei vindicatio, after the owner. It was set against the owner who revindicates, who would have left the provincial land unsecured for the period of 20 years, if the case had concerned subjects inhabiting different provinces (inter absentes) and for the period of 10 years, if the sides had inhabited the same province (inter praesentes). At the turn of the 3rd and 4th century AD it gained the acquiring effectiveness that convinced Justinian to conduct a fundamental reform by which virtue, from the combination of usucapio and longi temporis praescriptio, ordinary acquisitive prescription originated and extraordinary acquisitive prescription was introduced – longissimi temporis praescriptio.
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Siehr, Kurt. "Van der Wal, Tobias Bessel Donaas: Nemo condicit rem suam. Over de samenloop tussen de rei vindicatio en de condictio. – Leiden: Boom Juridisch 2019. XIV, 319 S. (E. M. Meijers Instituut voor Rechtswe." Rabels Zeitschrift für ausländisches und internationales Privatrecht 83, no. 3 (2019): 692. http://dx.doi.org/10.1628/rabelsz-2019-0061.
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Wiese, Mitzi. "The The Legal Operation of Liens: Theory and Practice." Potchefstroom Electronic Law Journal 24 (February 19, 2021): 1–23. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8721.
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The legal operation of liens has been the source of academic debates for many years. Liens are traditionally classified as enrichment liens and debtor-and-creditor liens (contractual liens). In the instance of an enrichment lien the creditor (lienholder) has a contract with a non-owner and not with the owner (debtor) himself. Consequently, the creditor can vest a lien against the owner of the thing only on the grounds of unjustified enrichment. Enrichment liens are classified as real rights. In the instance of a debtor-and-creditor lien (contractual lien) the creditor (lienholder) has a contract with the owner of the thing and the contract is the basis for the liability of the owner (debtor) towards the creditor. Debtor-and-creditor liens are generally classified as personal rights. This classification causes confusion regarding the legal operation on the one hand of an enrichment lien as a real right and on the other hand of a debtor-and-creditor lien (contractual lien) as a personal right. This paper proposes that the origin of the legal claim for which the lien serves as security (unjustified enrichment or contractual) merely determines the debt (expenses) for which a lienholder can vest his lien and does not determine the classification of a lien as either a real right or a personal right. A lien can be described as a defence against the owner's rei vindicatio and is, in principle, enforceable only against the owner of the thing (security object). A lien can, however, also be enforced against parties other than the owner, including the creditors (who, for example, want to attach the thing subject to the lien) of the owner (debtor) and other real claimants. The enforcement of a lien against these parties is referred to as the real operation (third-party action) of a lien. This paper analyses the legal operation of a lien with specific reference to the debt (expenses incurred) secured by the lien, the vesting (existence) of a lien, the real operation (third-party action) of a lien and the preferential position of a lienholder in the case of the debtor' insolvency.
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TAYLOR, BARBARA. "Feminists Versus Gallants: Manners and Morals in Enlightenment Britain." Representations 87, no. 1 (2004): 125–48. http://dx.doi.org/10.1525/rep.2004.87.1.125.
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ABSTRACT Mary Wollstonecraft is usually portrayed as an Enlightenment thinker. But in A Vindication of the Rights of Woman (1792) she denounced ““modern philosophers”” for purveying prejudicial images of women masked in a rhetoric of sexual compliment. This essay explores the relationship between Enlightenment attitudes to women and feminism in Britain, showing the gap that opened up between mainstream enlightened opinion (““modern gallantry””) and women's-rights egalitarianismin the 1790s.
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Tronch Pérez, Jesús. "Vindicating Pablo Avecilla’s Spanish ‘Imitation’ of Hamlet (1856)." Revista Alicantina de Estudios Ingleses, no. 25 (November 15, 2012): 241. http://dx.doi.org/10.14198/raei.2012.25.18.
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This essay examines Pablo Avecilla’s Hamlet, an ‘imitation’ of Shakespeare’s tragedy of the prince of Denmark published in 1856, both in its own terms and in the historical context of its publication. This Shakespearean adaptation has been negatively judged as preposterous and unworthy of comment, but it deserves to be approached as what it claimed to be, a free handling of the Shakespearean model, and as responding to its own cultural moment. Avecilla turns the Shakespearean sacrificial prince into a righteous sovereign that has kept the love of a lower-ranked lady and, by pursuing revenge, has successfully overthrown a dishonourable and corrupt ruler. This re-focusing of the Shakespearean plot and politics recalls the French neoclassical adaptation by J-F. Ducis in 1769. In fact, Avecilla seems to combine neoclassical form, which he advocated in his 1834 treatise Poesía trágica, with more Romantic traits at a time when playgoers demanded stronger sensations. As with Ducis’s Hamlet and its earliest translation-adaptations in Spanish at the turn of the century, the alterations from the Shakespearean model may be seen to have political resonances. Seen in the historical context of the so-called Progressive Biennium of 1854-1856, Avecilla’s emphasis on virtue and implicit approval of popular uprising led by an idolized authority is in tune with contemporary concerns for the right of the people and their leaders to rise up against immoral rule, with the Progressives’ support for both monarchy and national sovereignty, with their criticism of the corruption of conservative governments prior to the 1854 revolution, and with the role of ‘revolutionary’ generals such as O’Donnell and Espartero. This political interpretation is strengthened when Avecilla’s own political involvement in the Progressive programme is taken into account.
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Brígido-Corachán, Anna M. "“Things which don’t shift and grow are dead things”: Revisiting Betonie’s Waste-Lands in Leslie Silko’s Ceremony." Revista Alicantina de Estudios Ingleses, no. 27 (November 15, 2014): 7. http://dx.doi.org/10.14198/raei.2014.27.01.
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This article explores the socio-political background that led to widespread Native American urban relocation in the period following World War II – a historical episode which is featured in Leslie Marmon Silko’s acclaimed novel Ceremony (1977). Through an analysis of the recycling, reinterpreting practices carried out by one of Ceremony’s memorable supporting characters, Navajo healer Betonie, Silko’s political aim to interrogate the state of things and to re-value Native traditions in a context of ongoing relations of coloniality is made most clear. In Silko’s novel, Betonie acts as an organic intellectual who is able to identify and challenge the 1950s neocolonial structure that forced Native American communities to either embrace hegemonic practices and lifestyles or else be condemned to cultural reification and abject poverty. Through his waste-collecting and recycling activities, Betonie develops alternative solutions that go beyond a merely spiritual or epistemological dimension of life and materially intervene in the social text. The margins of 1950s urban sprawl functioned as repositories of indigenous cultural and intellectual capital that was being consciously, actively transformed by Native agents such as him. Thus, through Ceremony’s medicine man, Leslie Silko criticizes disempowering attitudes of victimhood and Native self-shame while vindicating indigenous historical territories and unconventional political strategies. She also anticipates the liminal practices of material and cultural recycling we see in countless Western cities today, in the aftermath of the most recent world economic crisis.
Dissertations / Theses on the topic "Rei vindicatio"
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Van, Jaarsveld Izelde Louise. "Aspects of money laundering in South African law." Thesis, 2011. http://hdl.handle.net/10500/5091.
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Money laundering involves activities which are aimed at concealing benefits that were acquired
through criminal means for the purpose of making them appear legitimately acquired. Money
laundering promotes criminal activities in South Africa because it allows criminals to keep the
benefits that they acquired through their criminal activities. It takes place through a variety of
schemes which include the use of banks. In this sense money laundering control is based on the
premise that banks must be protected from providing criminals with the means to launder the
benefits of their criminal activities.
The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the
Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s
anti-money laundering regime. Like its international counterparts FICA imposes onerous duties
on banks seeing that they are most often used by criminals as conduits to launder the benefits of
crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates
civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the
idiosyncrasies of the South African anti-money laundering regime and forwards
recommendations aimed at improving its structure.
To this end nine issues in relation to money laundering control and banks are investigated.
The investigation fundamentally reveals that money laundering control holds unforeseen
consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud
or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example,
the filing of a suspicious transaction report. However, if the bank files a suspicious transaction
report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank
parted with the benefits of fraud or theft whilst suspecting that the account holder may not be
entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover
loss suffered at the hand of the fraudster or thief from the bank.
Ultimately, this study illustrates that amendment of some of the provisions of South
Africa’s anti-money laundering legislation should enable banks to manage the aforementioned
and other unforeseen consequences of money laundering control whilst at the same time
contribute to the South African anti-money laundering effort.Criminal and Procedural Law
Mercantile Law
LL.D.
Books on the topic "Rei vindicatio"
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McDermid, Douglas. Ferrier and the Myth of Scottish Common Sense Realism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198789826.003.0006.
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James Frederick Ferrier (1808–64), the first notable British idealist of the nineteenth century and the greatest Scotch metaphysician since Thomas Reid, waged a ferocious dialectical war against common sense realism. This chapter examines “Reid and the Philosophy of Common Sense” (1849), an essay in which Ferrier challenges four aspects of the received view about Reid: (1) That Reid was the first noteworthy opponent of the representationalist doctrine of perception that dominates modern philosophy from Descartes to Hume. (2) That Reid vanquished representationalism, and defended a doctrine of immediate perception. (3) That Reid put paid to Berkeleyan idealism and to veil of ideas scepticism. (4) That Reid vindicated realism by appealing to the plain dictates of common sense. If Ferrier is right in thinking that Reid’s scheme is fundamentally unsound, the tradition of Scottish common sense realism represented by Hamilton has no future.
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Jost, John T., Christopher M. Federico, and Jamie L. Napier. Political Ideologies and their Social Psychological Functions. Edited by Michael Freeden and Marc Stears. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199585977.013.0024.
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Ideology has re-emerged as a vital topic of investigation in social psychology. This chapter proposes that political ideologies possess both a discursive (socially constructed) superstructure and a functional (or motivational) substructure and that ideologies serve social psychological functions that may not be entirely rational but help to explain why individuals are drawn to them. System justification, it argues, is the ‘glue’ that holds the two dimensions of left–right ideology (advocacy vs. resistance to change and rejection vs. acceptance of inequality) together. To vindicate and uphold traditional institutions and arrangements, the right defends existing inequalities as just and necessary. To bring about a more equal state of affairs, the left is motivated to challenge existing institutions and practices (the status quo).
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Fraser, Rachel Elizabeth. Testimonial Pessimism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198798705.003.0011.
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Recent epistemological history has inclined towards ‘testimonial optimism’, keen to stress the division of epistemic labour and how ubiquitously we depend upon the words of others. Its counterpart, ‘testimonial pessimism’, marks out a cluster of gloomier views, which stress—in different ways—testimony’s epistemic shortcomings. This chapter’s project is to establish a robust connection between pessimist readings of testimony, and two different commitments one might have in the philosophy of language: ‘emotionism’, and what the author calls ‘strong’ readings of the de re. The author does not aim to say, in this chapter, what she thinks we ought to do with these connections; that is, she aims to remain agnostic on whether we should take the connections she sketches to give us a way of vindicating pessimism, or whether they are better read as part of an error theoretic project.
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Atkins, Richard Kenneth. Charles S. Peirce's Phenomenology. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190887179.001.0001.
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No reasonable person would deny that the sound of a falling pin is less intense than the feeling of a hot poker pressed against the skin, or that the recollection of something seen decades earlier is less vivid than beholding it in the present. Yet John Locke is quick to dismiss a blind man’s report that the color scarlet is like the sound of a trumpet, and Thomas Nagel similarly avers that such loose intermodal analogies are of little use in developing an objective phenomenology. Charles Sanders Peirce (1839–1914), by striking contrast, maintains that the blind man is correct. Peirce’s reasoning stems from his phenomenology, which has received little attention as compared with his logic, pragmatism, or semiotics. Peirce argues that one can describe the similarities and differences between such experiences as seeing a scarlet red and hearing a trumpet’s blare or hearing a falling pin and feeling a hot poker. Drawing on the Kantian idea that the analysis of consciousness should take as its guide formal logic, Peirce contends that we can construct a table of the elements of consciousness, much as Dmitri Mendeleev constructed a table of the chemical elements. By showing that the elements of consciousness fall into distinct classes, Peirce makes significant headway in developing the very sort of objective phenomenology which vindicates the studious blind man Locke derides.
Book chapters on the topic "Rei vindicatio"
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Nelkin, Norton. "Reid’s View of Sensations Vindicated." In The Philosophy of Thomas Reid, 65–77. Dordrecht: Springer Netherlands, 1989. http://dx.doi.org/10.1007/978-94-009-2338-6_6.
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Haedicke, Maximilian. "C. Recovery of inventors’ rights (rei vindicatio)." In Patent Law, 325–50. Nomos, 2014. http://dx.doi.org/10.5771/9783845259024_325.
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Hill, Geoffrey E. "Darwin Vindicated." In A Red Bird in a Brown Bag, 129–52. Oxford University Press, 2002. http://dx.doi.org/10.1093/acprof:oso/9780195148480.003.0006.
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Hoyle, F., and N. C. Wickramasinghe. "BIOFLUORESCENCE AND THE EXTENDED RED EMISSION IN ASTROPHYSICAL SOURCES." In Vindication of Cosmic Biology, 375–80. WORLD SCIENTIFIC, 2015. http://dx.doi.org/10.1142/9789814675260_0029.
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