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Journal articles on the topic 'Servitude'

Author: Grafiati

Published: 4 June 2021

Last updated: 21 February 2023

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1

Vrenčur, Renato, Michael Knaus, and Matjaž Tratnik. "Legal Characteristics of a Servitude in the Public Interest." Lex localis - Journal of Local Self-Government 14, no. 4 (October 31, 2016): 937–39. http://dx.doi.org/10.4335/14.4.937-939(2016).

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Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.

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2

Yurets, E. I. "PECULIARITIES OF CONCLUDING LAND SERVITUDES." Theory and Practice of Forensic Science and Criminalistics 15 (November 30, 2016): 300–305. http://dx.doi.org/10.32353/khrife.2015.36.

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The article focuses on the issue ofpotential conclusion of land servitudes with land plots being their objects, land plots that are owned or leased and constitute separate objects with the established borders, area, purpose and cadastral number. The article lists the documents to be studied while conducting forensic land and technical examinations to identify possible variants for conclusion of a land servitude. It also specifies that a land servitude is concluded in the way that is the least cumbersome for the owner of the land plot. The article provides the main types of servitudes and the list of documents to be taken into account while preparing technical documentation on land management with regard to charting borders of the land plot, the one with the right of sublease, servitude. It provides examples of instances when land servitude may be terminated and indicates the case when land servitude in the name of one of the co-owners of the land plot cannot be concluded under the shared ownership over the land plot in question. The article enumerates normative and legal acts that regulate the questions of land servitude.

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3

Movchan, S., A. Yakunicheva, I. Lezhenkin, and S. Kolomiiets. "Theoretical features of the formation of the mechanism of regulation of land relations." Zemleustrìj, kadastr ì monìtorìng zemelʹ, no. 3 (August 28, 2021): 4. http://dx.doi.org/10.31548/zemleustriy2021.03.04.

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The author considers the essence of economic category of land relations and reveals the factors that determine the peculiarities of land relations in the agrarian sphere and their regulation. The article describes the model of mechanism of regulation of land relations, represented as a set of structural and functional elements (a system of legal, economic, organizational and environmental regulators and subsystems of regulatory, informational, methodological, technical, and financial support) that allow using special methods and tools to influence the subjects of land relations within the framework of implementation of state land policy in order to achieve the objectives of state management of land relations. The author notes a paradoxical situation: there are large-scale real burdens of land plots involved in the process of agricultural production, but no established servitudes due to the absence of delimitation of ownership of encumbered land plots, as well as the absence of practices for their establishment. The specificity of land servitudes in agriculture is revealed. It consists of the following elements: 1) a significant share of land servitudes appeared in the pre-reform period when state ownership of land without registration of encumbrances was dominant; 2) low level of activity of the state in initiating the processes of formation of mechanisms for official recognition of land burdens, establishment of land servitudes and implementation of mandatory servitude payments; 3) the absence of uniform methods for determining the adequate compensation for burdening of productive lands; 4) the absence of mechanisms for reinvesting funds received by land owners in the form of servitude payments in the reproduction of land resources; 5) the absence of mechanisms for receiving servitude payments for encumbering the land plots, the ownership of which is not delimited. Key words: land relations, land resources, productive lands, regulation mechanism, servitude, land servitude, servitude relations.

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4

Apsītis, Allars, Dace Tarasova, Jolanta Dinsberga, and Jānis Joksts. "Contract for Work (locatio conductio operis) of Transportation and Rustic Praedial Servitude of Way (servitus viae) as Roman Law Institutions for Needs of Rural Logistics." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 21 (2021): 234–43. http://dx.doi.org/10.25143/socr.21.2021.3.234-243.

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The article deals with the results of the authors’ research performed on original sources of Roman Law with reference to legal constructions concerning various types of logistics challenges related to agricultural production and residence in rural areas. Provision of transportation services was regulated by means of a contract for work (locatio conductio operis) – an agreement according to which a contractor / employee as a lessee (conductor, redemptor operis) had obligations to fulfil services or certain work on or from the material supplied by the commissioning party / employer / lessor (locator). An agreement on transportation of goods or passengers was also considered to be a contract for work. A smart answer to infrastructure challenges was the so-called rustic praedial servitudes (servitutes praediorum rusticorum), including a servitude of way / road (via), which granted the owner of a parcel of land non-adjacent to a public road (via publica) the right to use the road over a parcel of land belonging to another owner, thus gaining access to the public road. The legal framework of a Roman contract for work of transportation and the rustic praedial servitude of way / road must be recognised as a rather effective solution for challenges of rural logistics at the time. Keywords: contract for work of transportation, servitude of way, Roman Law, rural logistics.

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5

Kiewitz, Leigh-Ann. "Reimagining the right to engage in commercial activity on another’s land as a positive trading servitude." South African Law Journal 139, no. 4 (2022): 887–912. http://dx.doi.org/10.47348/salj/v139/i4a7.

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This article shows that it could be theoretically possible to create a positive praedial trading servitude in the context of the right to trade on another’s land if certain established requirements are complied with when the doctrinal framework of South African law and s 63(1) of the Deeds Registries Act 47 of 1937 are applied. In light of s 63(1) of the Deeds Registries Act and the intention and subtraction from the dominium tests, it is conceivable that a positive trading right has the ability to burden land and to subtract from the servient owner’s entitlement of use and enjoyment of the land even in a physical sense. Therefore, such a right may be real and registrable. Furthermore, it is possible that a positive trading right could comply with the commonlaw criteria for the establishment of a praedial trading servitude. The article also examines the possible nature and content of positive personal trading servitudes. If parties do not negotiate for a positive praedial trading servitude, a personal servitude can be negotiated in favour of the beneficiary in his or personal capacity.

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6

Normand, Sylvio. "La servitude de lignes téléphoniques : une incongruité juridique tenace." Les Cahiers de droit 28, no. 4 (April 12, 2005): 999–1009. http://dx.doi.org/10.7202/042850ar.

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The confusion reigning between superficies ownership and real servitude is tenacious. There is one case that illustrates this state of uncertainty better than any other: it involves the difficulty of qualifying networks made up of electric lines, telephone lines and water, gas and drainage conduits. This paper examines a case in which the qualifying of a telephone line was the main point at issue. Both the Superior Court and the Court of Appeal qualified the said line as being a servitude. This author does not accept such qualification. For him, the telephone line is apiece of surface property to which attach accessorily various servitudes.

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7

McKee, Glenn. "Servitude." Appalachian Heritage 15, no. 4 (1987): 67. http://dx.doi.org/10.1353/aph.1987.0037.

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8

van Hoof, Vincent. "Grotius’s Position on Implied Servitudes by Means of Destinatione Patris Familias." Grotiana 42, no. 1 (July 1, 2021): 83–109. http://dx.doi.org/10.1163/18760759-42010006.

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Abstract According to Grotius in his Inleiding (2.36.6), the actual use of two houses by the same owner could lead to the implied grant of a servitude if he transferred one of the houses to someone else, ‘without any mention either the one way or the other’. Various interpretations of this text exist, but the consensus is lacking. In this article, the author investigates the meaning and influence of Grotius’s position on implied servitudes in both his time and the following centuries. This research shows how Grotius’s opinion progressed from Bartolus’s approach to implied servitudes and sheds new light on the creation of servitudes by means of destinatione patris familias in the Netherlands.

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9

Voronova, E. A., and I. A. Tedoradze. "ANALYSIS OF LAW ON LIMITED USE (SERVITUDE) OF A LAND PLOT." Strategic decisions and risk management, no. 1 (November 1, 2014): 88–92. http://dx.doi.org/10.17747/2078-8886-2011-1-88-92.

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The article makes an attempt to analyze proprietary rights on land, to compare legal regulations on forming a land plot and registering it in Russia. System characteristics are studied: rights on a land plot, land plot definition, possible versions of its changing in terms of owning property, cadastral registration, limitation of rights of using a land plot (servitude). Problems connected with servitudes and land plot usage modes are defined and approach to solving them is suggested.

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10

Boggenpoel, Zsa-Zsa Temmers. "Creating a Servitude to solve an Encroachment Dispute: A Solution or creating another Problem?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 454. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2441.

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The main focus of this note is the case of Roseveare v Katmer, Katmer v Roseveare 2013 ZAGPJHC 18, which provides an interesting (though possibly constitutionally problematic) perspective to the encroachment problem. The decision in this case has opened the door for courts to create servitudes in instances where encroachments are left intact based on policy reasons. Concerning these policy reasons, the note investigates the reasonableness standard as it was applied in the case. It is argued that it is important to differentiate between the applications of reasonableness in encroachment cases and alleged nuisance disputes. The decision in this case creates the impression that courts may now order that a servitude be registered in favour of the encroacher against the affected landowner’s property. It seems as though the court had in mind the creation of a praedial servitude to justify the continued existence of the encroachment. The servitude is created by court order against the will of the affected landowner. At common law, the creation of a servitude in this respect does not exist, and the authority from which the power derives to make an order like this is not entirely clear. The court also does not provide any authority for the creation of the servitude in favour of the encroacher. Consequently, it is argued that this may have serious constitutional implications. For one, lack of authority for the deprivation that results may be unconstitutional because there is no law of general application that authorises the deprivation in terms of section 25(1). The creation of a servitude to explain the continued existence of the encroachment is not automatically included in the general discretion to replace removal with compensation. It is contended that an order that forces the affected landowner to register a servitude in favour of the encroacher to preserve the existing encroachment situation will be in conflict with section 25(1) as far as the common law does not authorise such an order. Furthermore, an order creating a servitude against the affected landowner’s will need to be separately justified in terms of the non-arbitrariness requirement in section 25(1). In this respect, the order will be unjustified and therefore arbitrary on both a general and personal level. Although this decision eliminates the enduring problem in encroachment law concerning the rights of the respective parties to the affected land where encroachments are not removed, it is reasoned in this note that the solving of this problem may have created another one. The decision is undoubtedly a step in the right direction, in so far as the court has attempted to provide clarity in terms of the rights to the encroached-upon land. However, the absence of authority either in terms of the common law or legislation to create a servitude in this context, indicates that courts should avoid orders of this nature because of their implications. If legislation is enacted to regulate building encroachments, it may be useful to explain what happens when the encroachment is not removed and it may also provide the required law of general application to prevent constitutional infringement. The legislation should specify the nature of the right acquired by the encroacher, which in the South African context should probably be a servitude created against the affected landowner’s property. This may ensure that the required authority exists for the creation of the servitude and would also provide the necessary justification to prevent the arbitrary deprivation of property. It is accordingly submitted that the unnecessary confusion that results from the inability to explain the outcome (or provide sufficient reason) on the one hand, and the possible constitutional infringement due to the lack of authority on the other, may therefore be cleared up by the suggested legislation.

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11

Titova, S., and L. Grebenyk. "THE PECULIARITIES OF THE FORMATION PROCESS OF LAND SERVITUDE AND LANDS FOR DEFENSE PURPOSES." Visnyk Taras Shevchenko National University of Kyiv. Military-Special Sciences, no. 2 (39) (2018): 65–70. http://dx.doi.org/10.17721/1728-2217.2018.39.65-70.

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The article, based on sound methodological provisions, presents the peculiarities of the foundations for the establishment and termination of servitude for their practical application in the military sphere. The content of servitude in the system of restrictions is disclosed and servitude is separated from the ways of legitimate establishment of the boundaries of property rights. Keywords: land servitude, use, servuturium, owner, land plot.

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12

Lécu, Anne. "La servitude volontaire." Études Avril, no. 4 (2020): 91. http://dx.doi.org/10.3917/etu.4270.0091.

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13

Makowsky, Veronica, and Carolyn M. Karcher. "Servitude or Solitude." Women's Review of Books 12, no. 7 (April 1995): 23. http://dx.doi.org/10.2307/4022149.

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14

Lavillatte, Bruno. "La servitude algorithmique." Médium 55, no. 2 (2018): 173. http://dx.doi.org/10.3917/mediu.055.0173.

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15

Rabant, Claude. "La nouvelle servitude." Lignes 15, no. 1 (1992): 28. http://dx.doi.org/10.3917/lignes0.015.0028.

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16

Mukherjee-Bose, Sonali. "Carousel of servitude." London Journal of Primary Care 6, no. 5 (January 2014): 107. http://dx.doi.org/10.1080/17571472.2014.11493429.

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17

Marsh, Clive. "Servitude and Freedom." Theology 113, no. 874 (July 2010): 290–91. http://dx.doi.org/10.1177/0040571x1011300417.

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18

Grubb, Farley. "The End of European Immigrant Servitude in the United States: An Economic Analysis of Market Collapse, 1772–1835." Journal of Economic History 54, no. 4 (December 1994): 794–824. http://dx.doi.org/10.1017/s0022050700015497.

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Europeans stopped using servitude to finance passage to America sometime in the early nineteenth century, but exactly when and why immigrant servitude disappeared is a mystery. Hypotheses abound, but no consensus has emerged nor have scholars tested hypotheses. In this study, quantitative evidence for the final sixty years of immigrant servitude establishes when and why it disappeared. Servitude did not end because of insufficient demand, legal restrictions, or declines in passage fares. It ended because superior methods of financing migration developed. Chance historical events, however, determined the exact timing of the end.

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19

Vlahna, Kastriote, and Hajredin Kuçi. "The Creation of the Right of Real Servitude: Derivative and Original Method Based on the Kosovo and Some European Countries." Hasanuddin Law Review 8, no. 2 (July 30, 2022): 111. http://dx.doi.org/10.20956/halrev.v8i2.3614.

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Legal provisions define the right of servitude as a real right both in local legislation and in the legislation of European countries. Based on the local legislation, some shortcomings are encountered when it comes to the right of servitude, particularly the right of servitude in kind. An issue that will have to be addressed and compared with the legislation of other countries is the crime of the right of real servitude, based on the ways of creating this right. Based on the local legislation, it is emphasized that the right of real servitude can be created based on a legal title, the decision of a state body and based on the law. At the same time, no more detailed division is made to show which legal title belongs in which way, that of derivatives or original. In comparison, legislation of European countries such as Germany, Austria and France, as well as regional countries, it is emphasized that there are two ways for the crime of the right of real servitude. After the ways are mentioned, the separation of legal titles is done; such a thing should be defined in the legislation of Kosovo. Nevertheless, based on the provisions of the legislation in force, we note that where the legal titles for the creation of the right of real servitude are mentioned, there it is known that there are two ways of creating the right of real servitude that the derivative way and the original way of obtaining the right of real servitude, only that it would be more correct if they specified which legal title is considered a derivative title, which in our case is the contract and testament, and which would be considered an original title, which could be the decision of the state body such as that of the court or any administrative body.

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20

Hall, Keith B. "Louisiana." Texas Wesleyan Law Review 18, no. 3 (March 2012): 511–26. http://dx.doi.org/10.37419/twlr.v18.i3.9.

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Louisiana does not recognize the concept of a mineral estate. The closest concept that Louisiana has is the "mineral servitude," a type of mineral right which is somewhat like a mineral estate, except that a mineral servitude automatically terminates through "prescription of nonuse" if the servitude is not used for any period of ten consecutive years.

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21

Krzyśko, Bartłomiej. "Służebność mieszkania jako rodzaj służebności osobistej we współczesnym prawie polskim i prawie rzymskim." Ius et Administratio 47, no. 2 (2023): 5–21. http://dx.doi.org/10.15584/iuseta.2022.2.1.

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The subject of this paper is to present the servitude of habitation in the current state of the law, taking into account the servitude of habitation in Roman law. The subject is discussed in light of the current legislation under the Law of April 23, 1964, the Civil Code and certain other laws. The presentation of the essence of the servitude of habitation leads to the conclusion that it is a mechanism that allows one to take care of loved ones as well as oneself. Passing an apartment to relatives, allows one to secure one's rights to the premises, and this security for the future is precisely the servitude of habitation as a type of personal servitude. This right is even broader, as it provides the opportunity to take care of relatives, such as minor children, spouses, persons supported, and persons needed to run the household. The provisions of the Civil Code allow for the care of people who for some reason, whether it be age or illness, are unable to support themselves. The legal provisions that regulate the servitude of habitation were analysed. In particular, the focus was on the interpretation of the legal provisions. Legal commentaries helped in this. In analysing the above, the question arises as to whether the servitude of habitation should be further developed to make it even clearer in some way.

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22

Sharyi, Grigoriy, Volodymyr Gryshko, and Viktor Dubіshchev. "Land Relations in the Construction of Linear Facilities in Ukraine: Institutional Aspect." International Journal of Engineering & Technology 7, no. 3.2 (June 20, 2018): 388. http://dx.doi.org/10.14419/ijet.v7i3.2.14558.

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The given paper is dedicated to the determination of the possible ways to solve the problems of extractive industries and power engineering spatial development in combination with sustainable use and protection of lands, as well as ensuring the institutionalization of various environmental, legal and economic aspects. Specific ways of improving servitude relations are determined by authors. Additionally, institutionalism is considered to be the methodological basis for the development of land relations at the state level. The current norms of land legislation in many cases do not take into account the spatial problems and production specificity with regard to the location of pipeline, energy infrastructure, oil and gas wells and production facilities associated with their operation Temporary ways of solving issues related to the acquisition of the right of land for the needs of oil and gas industry by concluding land servitude agreements have been found. To solve this problem and to ensure timely implementation of the state program for the extraction of natural gas and oil is necessary to supplement the Land Code of Ukraine with a new Article 1001 on the specifics of establishing land servitudes for the placement of pipeline transport facilities, oil and gas wells.

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23

Kastriote, Kastriote, and Hajredin Kuçi. "Protection of the right of real servitude according to local and international legislation and practice." Revista de Investigaciones Universidad del Quindío 34, no. 1 (December 23, 2022): 319–29. http://dx.doi.org/10.33975/riuq.vol34n1.1011.

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The right of servitude as a real right enjoys the same rights as other real rights. Among these rights is the protection of the right of servitude in case it is violated by persons who are not holders of this right. Based on the local legislation as well as that of other countries, the holder of the right of easement has the right to protect the right of easement in case that right is violated by someone else, and not only the holder of the right but also the owner of the servient property in case it finds that the holder of the right of servitude does not use the right that he has, or in the case that he finds that the holder of the right of servitude uses that right causing damage to the owner of the servient property! All this based on the judicial practice that the parties seek the protection of the right of real servitude, as well as the right holder and the owner of the servient property, we have tried to show through this paper in short points how a right can be protected of real servitude based on local law and that of international countries!

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24

Sonnekus, JC. "Regspraak: Géén teenprestasie vir ’n serwituut van parkering oor eiendom van ’n aandeleblokskema – bedenklik – ook wat kompetensie betref." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 3 (2021): 571–602. http://dx.doi.org/10.47348/tsar/2021/i3a9.

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The consequence of encumbering property with a perpetual praedial servitude is to burden all subsequent rightful holders of the servient tenement with the encompassing restriction to their entitlements as holders of the real right to the property. Such an encumbrance results in a severe subtraction from the dominium of the servient property. It would be deemed proof of prodigality if an owner were to consider such encumbrance unless a reasonable quid pro quo is received in lieu of the encumbrance, and this may take the form of damages payable to the owner of the servient property. The competencies of prodigals are restricted in their own interest and any perceived unassisted disposals of their assets are deemed a nullity. The same applies to any perceived disposal of valuable assets if the law limits the competency of the party to the disposal. In light of the premise that when in doubt any presumed servitude should be interpreted restrictively it is submitted that a court should be sceptical when claim is laid to a perpetual servitude encumbering 250 out of a total of 311 parking spaces in a housing development scheme for retired persons for the benefit of unspecified generations of clients frequenting businesses housed on the neighbouring property if no meaningful quid pro quo was paid by the owner of the neighbouring property and the competence of the directors who mandated a lawyer to register the servitude may be doubted. In order to protect the interest of holders of an interest in a share block scheme or a housing development scheme for retired persons the legislature enacted that any subtraction from the dominium of such schemes as owners of immovable property may only be agreed to when mandated by a special resolution. In the Olive Marketing case no special resolution was minuted where the required decision had been taken. On account of a stipulatio alteri the first defendant acquired the property from the eThekwini Municipality in terms of an agreement of sale to which it was not a party. The sale agreement provided that a parking servitude over the subject property would be created in favour of the adjoining property as dominant tenement. The court held that: it was the clear intention of the municipality and the buyer to create a praedial servitude, and the agreement of sale accurately reflected this intention. This judgement regarding the obligatory agreement may be sound but it is submitted that the court failed to consider whether any valid real agreement could be concluded to transfer the limited real right of the servitude unless the statutory requirements were met. By its signature to the sale agreement, the buyer had bound itself to grant and register the servitude, but the buyer never acquired ownership of the property. The plaintiff only acquired ownership of the perceived dominant property fourteen years later and was not a party to the original sale. Therefore, it is doubtful whether he was entitled to compel the first defendant to cooperate in registration and the utilisation of the so-called praedial servitude. If a servitude was involved, it is submitted that at most a personal servitude could have been considered, because the utilisation of the parking spaces does not meet the requirement that the entitlement of the servitude must benefit the dominant property and not the drivers of the vehicles seeking parking. It is comparable to the well-known examples of a personal servitude to play tennis on the servient property or the walk on that property, but such a personal servitude is not transferable and is extinguished by the death of the holder. It does not burden the servient property in perpetuity. The court’s finding that the special resolution requirement under section 4B of the Housing Development Schemes for Retired Persons Act 65 of 1988 was not applicable because the registration of the servitude did not impact on a right of occupation under the act cannot be supported. The special resolution requirement prohibits not merely the alienation of land intended to be used for occupational purposes in the narrow sense but also aspects that impact on the quality of the housing of the residents including the parking facilities. It is submitted that any subtraction from the dominium is included under the restriction and requires a special resolution and the transfer of such a perpetual praedial servitude does subtract from the dominium.

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25

La Boétie (book author), Étienne De, and Myron McShane (review author). "Discourse on Voluntary Servitude." Renaissance and Reformation 37, no. 1 (May 17, 2014): 151–53. http://dx.doi.org/10.33137/rr.v37i1.21290.

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26

Cugno, Alain. "De la servitude volontaire." Projet 319, no. 6 (2010): 62. http://dx.doi.org/10.3917/pro.319.0062.

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27

Moreau de Bellaing, Louis. "Domination, servitude et révolte." Journal des anthropologues, no. 102-103 (December 1, 2005): 161–75. http://dx.doi.org/10.4000/jda.1401.

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28

Diatkine, Gilbert. "Servitude volontaire et nostalgie." Revue française de psychanalyse 77, no. 5 (2013): 1453. http://dx.doi.org/10.3917/rfp.775.1453.

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29

Mishra, Pankaj, and Pauline Toulet. "Mille ans de servitude." Books N° 89, no. 5 (May 1, 2018): 53–57. http://dx.doi.org/10.3917/books.089.0053.

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30

Harrington, J. Drew. "Servitude in Modern Times." History: Reviews of New Books 29, no. 2 (January 2001): 91. http://dx.doi.org/10.1080/03612759.2001.10525815.

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31

Brickell Bellows, Amanda. "Selling Servitude, Captivating Consumers." Journal of Global Slavery 1, no. 1 (2016): 72–112. http://dx.doi.org/10.1163/2405836x-00101005.

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After the abolition of Russian serfdom and American slavery in 1861 and 1865, respectively, businesses played an important role in molding popular attitudes about post-emancipation integration processes in Russia and the United States through visual representations of serfs, peasants, slaves, and freedpeople in advertisements. Both American and Russian companies developed parallel marketing strategies by constructing advertisements that depicted African Americans and peasants in positions of servitude, which appealed to consumers who were nostalgic for an idealized rural, pre-industrial and pre-emancipation era during an age of rapid industrialization, urbanization, and geographic expansion. But Russian and American companies also pursued divergent marketing tactics that beg further consideration. While US businesses predominantly disparaged African Americans in racialized caricatures, Russian businesses sometimes depicted peasants in positions of equality relative to other citizens. What accounts for this disparity? This article examines newspaper ads, posters, broadsides, and ephemera from collections at Russian and American archives, and argues that apart from perceived racial differences in the case of US ads, dissimilarities between Russian and American population compositions, urban migration patterns, and distinct notions of national identity also explain this important distinction.

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32

Godignon, Anne, and Jean-Louis Thiriet. "De la servitude volontaire." Le Débat 59, no. 2 (1990): 139. http://dx.doi.org/10.3917/deba.059.0139.

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Covington-Ward, Yolanda. "The New American Servitude." Current Anthropology 61, no. 2 (April 1, 2020): 278–79. http://dx.doi.org/10.1086/708442.

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Ward, Abigail. "Servitude and Slave Narratives." Wasafiri 31, no. 3 (July 2, 2016): 42–48. http://dx.doi.org/10.1080/02690055.2016.1181920.

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Hastie, Bethany, and Alexis Martig. "Réflexions sur les contours flous des limites entre travail domestique et servitude." Anthropologie et Sociétés 41, no. 1 (June 21, 2017): 107–27. http://dx.doi.org/10.7202/1040270ar.

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Bien que l’usage du concept de servitude dans la définition légale internationale de la traite des personnes illustre un intérêt renouvelé pour celui-ci, il demeure flou et indéfini. Cet article s’efforce d’apporter un éclairage nouveau sur les significations contemporaines qui peuvent être attribuées à la servitude domestique dans la loi internationale, tout en réfléchissant à la nature floue des frontières entre le travail domestique et la servitude. Cet article s’appuie sur le Programme des aides familiaux du Canada (AF) comme étude de cas pour montrer comment ces frontières floues sont constituées, notamment du fait des dispositions légales qui encadrent l’AF, en faisant valoir que le permis de travail lié à un employeur donné, articulé à la nature privée et isolée du lieu de travail, crée des vulnérabilités qui rendent plus probables l’émergence des conditions de servitude.

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Anna V., Volochaeva. "Zoya Veniaminovna Moshkina – Leading Scientist on the History of Political Hard Labor and Exile in Transbaikalia." Humanitarian Vector 17, no. 3 (October 2022): 145–54. http://dx.doi.org/10.21209/1996-7853-2022-17-3-145-154.

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The work is dedicated to the memory of Zoya Veniaminovna Moshkina, Doctor of Historical Sciences, a remarkable person, a teacher, a deep and demanding researcher of the history of political hard labor in Transbaikalia. For a long period of her activity in the field of science (about 30 years), about 100 scientific papers have been written, including a monograph, articles in journals reviewed by the Higher Attestation Commission, works on the results of participation in various All-Russian and regional conferences. Most of Zoya V. Moshkina’s scientific works are devoted to the history of political hard labor and exile in Transbaikalia (Nerchinsk penal servitude). Sudden death did not allow the scientist to create an updated systematic work on the history of penal servitude in Transbaikalia, which was planned for the near future. Systematization of the author’s works in various areas of research of the Nerchinsk political penal servitude, analysis of the problems and determination of the novelty of her research allow us to call Z.V. Moshkina a leading historian on the history of political penal servitude and exile in Transbaikalia. Zoya Moshkina’s scientific research was carried out at the junction of history, jurisprudence and psychology, it is not only regional in nature but also have all-Russian significance, since political hard labor in the second half of the XIXth century was mostly concentrated in the Nerchinsk mountain district in Transbaikalia. Zoya Moshkina’s works are a comprehensive study of the Nerchinsk political penal servitude (the organization of the management system of political convicts, the regulatory framework for the maintenance of this category of criminals, living conditions in penal servitude, the gender, age and social composition of political prisoners, the behavior of convicts in conditions of penal servitude, etc.). The works by Z. V. Moshkina reflect personal, historical-psychological, gender and sociological approaches relevant to modern historical science, the application of which in the history of political hard labor has made a significant scientific novelty. The problems of the Trans-Baikal historian’s research, new aspects of studying the problems of the Nerchinsk political penal servitude have become a scientific basis for a new generation of scientists.

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Balwicka - Szczyrba, Małgorzata. "Functions of easement (servitude)– de lege lata and de lege ferenda." Nieruchomości@ Specjalne, no. V (December 15, 2021): 47–60. http://dx.doi.org/10.5604/01.3001.0015.5822.

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The Polish Civil Code provides for three types of easements (servitude), namely easement in gross (personal servitude), easement appurtenant (predial servitude) and transmission easement (transmission servitude), each with a specific function within the legal system. The first two types of easement have emerged out of Roman law tradition. It should be pointed out that the traditional understanding of the purpose of easement is not sufficient or optimal, considering the changing social and economic realities of today. This would justify a renewed debate as to the purpose of establishing and maintaining particular types of easement on property. Also, easement could see more extensive use in legal practice once its definition is fixed. This paper presents de lege lata conclusions and de lege ferenda postulates, speculating on the most desirable future directions in which the functions of easement could evolve in order to best serve the needs of various civil-law transactions.

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Patterson, Orlando, and Xiaolin Zhuo. "Modern Trafficking, Slavery, and Other Forms of Servitude." Annual Review of Sociology 44, no. 1 (July 30, 2018): 407–39. http://dx.doi.org/10.1146/annurev-soc-073117-041147.

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The claim that there has been a remarkable revival of slavery, other forms of forced labor, and human trafficking in our times has inspired widespread activism and a vast body of popular and academic works. Although the conflation of terms, exaggerated empirical claims, and a shortage of evidence-based work have prompted legitimate scholarly skepticism, modern trafficking and forms of servitude do present urgent problems for researchers, lawmakers and reformers. We first clarify the most basic terms in the field—servitude, forced labor, slavery, trafficking, and smuggling—then examine all forms of servitude and evaluate the degree to which they properly amount to slavery or result from trafficking. This is followed by an examination of methodological problems in the measurement of types of servitude and a brief analysis of the factors accounting for its contemporary revival. We aim to encourage more scholarly enquiries from sociologists who are uniquely qualified to explore this problem.

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Picherit, David. "Formes contemporaines de la servitude pour dette et continuum des formes de travail en Inde du sud : le cas du système Palamur." Anthropologie et Sociétés 41, no. 1 (June 21, 2017): 51–68. http://dx.doi.org/10.7202/1040267ar.

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L’article explore les manières dont les formes contemporaines de la servitude pour dette en Inde sont façonnées par des articulations concrètes avec d’autres formes de travail et de circulation comme l’emploi journalier et l’auto-emploi. En considérant la servitude non comme une catégorie homogène et hermétique, mais comme inscrite dans un continuum de formes de travail, l’article examine les pratiques et les représentations de l’asservissement pour dette, dans un contexte de relations de patronage remodelées tant par les travailleurs et les maistri que les leaders politiques-industriels. L’auteur s’appuie sur une étude ethnographique du système de servitude pour dette, Palamur, mis en oeuvre dans le district de Mahabubnagar, État du Telangana.

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Costanzo de Assis Pereira, Daniela, and Rafael Marino. "Film Review: Autonomy with Servitude." Latin American Perspectives 48, no. 3 (January 5, 2021): 262–64. http://dx.doi.org/10.1177/0094582x20975017.

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Gil Montero, Raquel. "Presentation: Servitude, slavery and freedom." Población & Sociedad 27, no. 2 (December 1, 2020): 1–7. http://dx.doi.org/10.19137/pys-2020-270201.

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Orfeuil, Jean-Pierre. "Entre autonomie et servitude volontaire." Les cahiers de médiologie 12, no. 2 (2001): 192. http://dx.doi.org/10.3917/cdm.012.0192.

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Nubukpo, Kako. "Politique monétaire et servitude volontaire." Politique africaine 105, no. 1 (2007): 70. http://dx.doi.org/10.3917/polaf.105.0070.

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Gori, Roland, and Patrick Conrath. "“Résister aux fabriques de servitude”." Le Journal des psychologues 400, no. 8 (August 29, 2022): 6–13. http://dx.doi.org/10.3917/jdp.400.0006.

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Krasnova, Tatyana Sergeevna. "Negative Servitude in Russian Law." osteuropa recht 64, no. 2 (2018): 188–98. http://dx.doi.org/10.5771/0030-6444-2018-2-188.

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Yousfi, Louisa. "L'énigme de la servitude volontaire." Sciences Humaines N° 251, no. 9 (October 21, 2013): 30. http://dx.doi.org/10.3917/sh.251.0030.

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Podshivalov, T. P. "Acquisition of Servitude by Prescription." Civil Law Review 17, no. 2 (2017): 115–46. http://dx.doi.org/10.24031/1992-2043-2017-17-2-115-146.

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Dali, Inès Mrad. "De l'esclavage à la servitude." Cahiers d'études africaines 45, no. 179-180 (December 19, 2005): 935–56. http://dx.doi.org/10.4000/etudesafricaines.15058.

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Mrad Dali, Inès. "De l’esclavage à la servitude." Cahiers d’études africaines 45, no. 179-180 (December 19, 2005): 935–55. http://dx.doi.org/10.4000/etudesafricaines.5704.

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50

Feeney, Patricia. "One hundred years of servitude." Index on Censorship 17, no. 10 (November 1988): 13–15. http://dx.doi.org/10.1080/03064228808534550.

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