Chapter

Property rights

November 2023

DOI:10.4337/9781839109959.00014

In book: Handbook on Alternative Global Development (pp.55-74)

Authors:

Giorgos Meramveliotakis

Neapolis University Pafos

Dimitris Milonakis

University of Crete

Property Rights Protection and Intangible Assets Investment in The Sub-Saharan African non-financial firms

Article

Sep 2024
Finance Res Lett

ResearchGate has not been able to resolve any references for this publication.

Article

Features of the Consent of Spouses to Make Transactions on the Disposal of Property

November 2023 · Bulletin of Science and Practice

Family legislation proclaims the equality of the rights of spouses in the family. Nevertheless, the legal effect of this fundamental principle regarding the property relations of the spouses seems very doubtful. Thus, paragraph 2 of Article 35 of the Family Code establishes the “presumption of consent” of the spouse to carry out transactions with common property. However, in the practical ... [Show full abstract] implementation of this norm, its imperfections manifest themselves. Due to the obvious uncertainty and misinterpretation of the term “presumption of consent”, the property rights of one of the spouses are often violated. In this regard, the authors set a goal: to analyze and systematize the positions of civil scientists and materials of judicial practice in order to identify the most common problems that arise when considering cases of this category. Results: the analysis of the legal nature and purpose of the “presumption of consent” was carried out, the need for its concretization was revealed, indicating the circle of persons and legal relations to which it is applicable. Conclusions: based on the analysis of legislation, the doctrine of civil law, the problems of determining the legal nature and scope of the “presumption of consent” are formulated. Based on the results of the study, the authors proposed recommendations for improving legislation.

Article

Full-text available

Forest tenure in Indonesia : the socio-legal challenges of securing communities'rights

January 1970

Myrna Safitri

The concepts, policies, laws and practices regarding community-based forest management have changed over time. However, their objective is constant, namely to fight forest destruction and poverty and to resolve conflicts regarding forest tenure. Securing community forest tenure is a way for achieving this objective. Forest tenure security, however, requires more than legalisation of community ... [Show full abstract] property rights by state law. It results from an interplay between state and/or community normative systems, actual practices and actorsâ perceptions. Legalisation of rights by state institutions is only one facet of security, more specifically legal security of forest tenure that will be determined by the rightsâ robustness, proper duration and strong legal protection. The security of community forest tenure will be also achieved through the ability of social norms to secure the rights of ordinary people. In addition, the consistent enforcement of the rules or norms by the officials or local authorities is necessary and the behaviour of these officials and local authorities must be in line with the interests and perception of the majority of community members. Last but not least, efforts of securing communitiesâ rights must take into consideration the specific history of land tenure and conflicts.

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Article

A Comment on Externalities and the "Coase Theorem": The Importance of Property Rights

February 1976

Nancy Olewiler

Article

WOMEN’S PROPERTY RIGHTS IN THE MENA REGION: AN OVERVIEW (International Journal of Political Thought)

November 2018

Souad Adnane

The article is aimed at analyzing the situation of women’s property rights in the MENA region on the basis of a “comprehensive” definition of property rights. It identifies and illustrates the obstacles that undermine women’s access to property, especially from a legal perspective, how they interplay with one another, and suggests possible venues for change.

Article

Full-text available

PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK ATAS TANAH YANG DI ATASNYA TELAH TERDAFTAR HAK MILIK ATAS N...

August 2023 · SENTRI Jurnal Riset Ilmiah

Based On Government Regulation No. 24 Of 1997 About land registration, that land registration is done using the basis of sporadic system ddapat done with the conditions that have been determined. Namaun in fact many land disputes that occur in the community such as the registration of certificates of property rights on land objects that already have the basis of land tenure letter issued by the ... [Show full abstract] local village. The formulation of the problem in this study is how the legal consequences of land certificate holders on it have registered property rights in the name of others? How is the legal protection of land rights holders based on a land ownership letter on which property rights have been registered in the name of another person? The theory of law used in this study is the theory of legal consequences by Soeroso and the theory of legal certainty by Philipus M. Hadjon. The results showed that the legal consequences arising from the certificate is not obtained legal certainty to the owner of the land certificate on the object of the dispute. This resulted in the owner of land rights based on the land certificate can not control the objwk, so it is thought necessary especially to the Land Office to lenih careful in conducting the assessment of Juridical data and physical data so that no land disputes arise in the future

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Chapter

Property rights and rules-based governance

December 2019

Gambhir Bhatta

Chapter

Full-text available

Ecological and economic impacts of shifts in property rights on commons in Indian Himalayas

March 2014

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Article

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The Interdependence Between Political and Economic Entrepreneurship

January 2001

Bárbara Krug

The Chinese economy has developed rapidly despite two major constraints: ill-functioning markets and a socialist past, both of which caused an environment of unenforceable contracts. In this situation the need to pool resources and to govern relational risk was paramount to the development of a private sector. While modern organisation (transaction cost-) theory can explain why and to which ... [Show full abstract] extent entrepreneurship in China is based on collective agents, an analysis of the (local) political market is needed to explain why China's villages provide the much needed (and valuable) public goods in form of property rights protection and contractual security. Decentralisation and jurisdictional competition facilitate the writing of a new "common law" as well as the "discovery" of new forms of collective action.

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Article

Full-text available

The eventuality of property rights on economic growth in developing countries

January 2013

One of the most important Factors for economic growth in each society is protecting property rights which can present Freedom, Safety and Justice that can lead to economic growth. For this purpose I tried to not only define the property rights but also accumulation of physical and human capital and also on economic growth. This study uses Dincer's (2007) model who suggests neoclassical growth ... [Show full abstract] model proposed by Mankiu et al. (1992) to analyze the effects of the property rights protection on the levels of economic performance. This study consists of 19 developing countries. The collected data covers the period from 2000-2010. It also predicts that protecting property rights has a positive effect on the accumulation of physical and human capital and economic growth.

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Article

Law and Technology in the Pacific Community.

December 1997 · Pacific Affairs

Part 1 Approaches from social science: law, legal institutions and economic development, Lawrence M. Friedman the Thomas theorem of mega lawyering, Erhard Blankenburg computers, competition, and the revitalization of the US patent system, Dan R. Krislov. Part 2 The internationalization of the legal profession: the international legal community in the Pacific Basin, John Barton and Susan Jordan ... [Show full abstract] the growth of the bar and the changes in the lawyer's role - Korea's dilemma, Kyong Whan Ahn. Part 3 Law and institutions on the Pacific Rim: the role of government and lawyers in the development of the semiconductor/computer industry in Japan, Setsuo Miyazawa the role of lawyers in the economic development of Korea, Seung Doo Yang litigation in Silicon Valley industries, Philip S.C. Lewis. Part 4 Property rights in an advanced capitalist economy: Lochner v New York in Japan - protecting economic liberties in a country governed by bureaucrats, Shigenori Matsui administrative control of Japanese judges, S. Miyazawa. Part 5 Education for the new lawyer: challenges to legal education in Korea, Sang-Hyun Song legal education in Japan, Yasuhei Taniguchi implications of international legal integration for law teaching, J. Barton.

Chapter

Pollution, Takings and Access to Justice in East and West

September 2018

INTRODUCTION An important question of land rights relates to traditional conflicts which could arise as a result of conflicting uses of land rights. Those types of simple conflicts can arise both in the East and in the West. In some cases, it relates to simple cases of nuisance whereby one neighbour would for instance create a fire in his garden as a result of which the neighbour experiences a ... [Show full abstract] nuisance. These types of relatively simple conflicting uses of property rights have always arisen and have in the legal system often been addressed via nuisance law. These types of conflicts between neighbouring properties (and thus neighbouring land rights) have, since industrialization, become slightly more complex and have appeared in different forms. One form is that as a result of economic development more land was needed e.g. for industrial development of land, resulting in particular cases in so-called ‘takings’. Those takings have, from an economic perspective, often been justified by the fact that the collective (public) interest would have to receive priority over individual interest. The typical example is a farmer who has to give up his farm land because a school has to be constructed. Human rights have accompanied this process, for example by guaranteeing that no takings without appropriate compensation will take place. Moreover, in recent times more debate has taken place on the necessity of the infrastructural works themselves and in some cases either land owners or NGOs have successfully used their access to justice to fight particular development plans; in some cases arguing that they would not be in the public interest. A complicating factor, especially in developing countries, is that those development projects are often not only in the public interest, but also in the private interest of particular developers. Close connections between the developers and particular politicians may, moreover, seduce bureaucrats or politicians to takings, also in circumstances where it is not obvious that the particular project is in the public interest. Other types of conflicting uses of property rights have also arisen as a result of polluting activities. Again, the law has – with changing degrees of success – intervened to award access to justice to victims of pollution and forcing polluters to internalize externalities, i.e. reduce the negative effects of their activities to optimal levels.

Article

LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE

January 2019 · Bulletin of Taras Shevchenko National University of Kyiv Legal Studies

Yu. Akulov

The article analyses specific issues on the legal regulation in the sphere of restriction on the author's property rights to literary and artistic works in Ukraine through European and international prism. The author examines the legislation of Ukraine, international and European regulatory sources for the purpose of regulating directly the cases of lawful free use of literary and artistic works ... [Show full abstract] of the author and the restriction on his prop- erty rights to literary and artistic works, as a result of his intellectual activity. The purpose of this study is to determine the specifics of legal regulation in the sphere of restriction of property rights to works in Ukraine. The philosophical, general-scientific and special-scientific methods of cognition have been used in the work, including comparative-legal method, struc- tural-functional, deductive, as well as methods of analysis, generalization and analogies. The author has found the basic inaccuracies and gaps in the legal regulation for of the restriction and free use of works as an object of copy- right. The author proves that the Ukrainian legislator did has not harmonized the provisions of the Law of Ukraine "On Copyright and Related Rights" with the provisions of the Civil Code of Ukraine. Thus, the article shows that the use of such concepts as "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "legitimate use of a work without the consent of the author" are not in line with international practice. The author draws conclusions on the improvement of the legislation to avoid these problems. The implementation of Europe- an practice in the legislation of Ukraine is also highlighted. The results of the study can be used for further research in the field of copyright, including comparative copyright. These proposals may be applied to improve current intellectual property law.

Property rights

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