Division Of Estate Research Articles

Contributions of Ottoman Fatwā Collections to Inheritance Law: An Analysis of Legal Opinions by the 16th-Century Chief Muftīs

Abstract This article investigates the contributions of Ottoman fatwā collections to inheritance law, focusing on the 16th-century chief muftīs’ fatāwā. It emphasizes the significance of fatawa in understanding Ottoman inheritance law and explores various aspects of the division of estate, highlighting the socio-legal dynamics and the use of fatawa by individuals seeking legal advice. Within this framework, it examines why individuals preferred obtaining fatawa from chief muftīs for the division of the estate over other options. The methodology of this study involved a comprehensive analysis of fatwā collections from 16th-century Ottoman chief muftīs, focusing on categorizing and interpreting these fatawa to understand their impact on inheritance law. The study reveals that economic considerations, complex family structures, mathematical issues in estate division, and specific legal situations significantly influenced individuals’ preference for seeking fatāwā. Through analyzing fatwā collections, the study uncovers economic motivations behind this preference, revealing how fatāwā offered a cost-effective solution for heirs, alongside addressing specific legal challenges like ‘awl and munāsakha.

DEVELOPMENT AND POLEMIC RENEWAL OF INHERITANCE LAW AND COMPULSORY WILLS IN INDONESIA

This article seeks to delve into the extent of development and updates in Islamic civil law from the colonial era of Dutch rule to post-independence Indonesia. This research will focus on exploring the updates in Islamic civil law regarding inheritance and wills. It is a literature study with a normative-historical approach aimed at tracing the development and updates of inheritance and wills law in Indonesia, as well as the dialectics of thought attempting to oppose it. The innovations in inheritance and wills in Indonesia include substitute heirs, peace in estate division, adopted heirs, and compulsory wills. Substitute heirs provide a solution for heirs who are hindered from inheriting because their parents passed away first. Peace in estate division allows for the realization of equal distribution with a mutual agreement, while compulsory wills provide a solution for adopted children to still receive a third of the inheritance even if they do not have a blood relationship.

Profession of Driver Tractor in Gender Equality Program through Jungle Queen (Study on Female Drivers in PT. Harapan Sawit Lestari in Manis Village of Manis District of Ketapang Regency, West Kalimantan)

This research was conducted at PT. Harapan Sawit Lestari is a division of Manis Mata Estate with the aim of research to find out the tractor driver profession in the gender equality program through the jungle queen. The approach in this study uses a qualitative descriptive type of research. The results showed that female tractor drivers at PT. Harapan Sawit Lestari started in 2006 until now, one of which is in the Manis Mata Estate division with a percentage of 38% being women in terms of treatment and rights between men and women are the same as employees, the difference is in maternity leave for women. The dual role of women as tracker drivers is in the form of domestic roles and public roles. One form of the company's commitment to the sustainability of the gender equality program is through a program, one of which is through the Cargill Women's Network (CWN) which is to be achieved by 2030 while supporting the Sustainable Development Goals (SDGs) program. Through Jungle Queen committee PT. Harapan Sawit Lestari as a subsidiary of Cargill implements a gender equality program to develop women in an industry. The factors that influence women's work are the economy, self-interest, family future, and support from their husbands. The impact of women has a dual role in being tired and bored, as well as the obstacles faced in the form of having toddlers, bad weather, lack of communication networks in the field. The feeling felt as an employee is a feeling of pride, a feeling of pleasure, feeling that work equipment is fulfilled. The response from colleagues in the sweet eye estate environment towards women and work as female tractor drivers received a positive response.

Analysis of The Solution to The Division of Muslims' Small Estates by Consensus in Johor Bahru

Malaysians still underestimate the management of inheritance distribution. This can be seen every year in the newspapers about the issue of freeze inheritance which has now reached almost RM90 billion in unclaimed real estate value. Another critical problem is when there is a mandatory understanding or belief in the settlement of the faraid method among the heirs. There is nothing wrong if you want to stick to the faraid method, but if there are circumstances that limit the faraid solution, then the consensus mechanism needs to be organized as one of the alternative methods. The Muslim community needs to be cautious and aware in understanding Islamic inheritance law holistically to help shape and organize the best inheritance solution. Therefore, this article aims to discuss the extent to which the consensus method is applied in the Inheritance Division Unit of South Johor, Johor Bahru (UPPJS), and how the concept and factors of this consensus are formed. The research methodology is qualitative. The collection of research data resulted from the analysis of documents and interviews and then analyzed inductively and thematically. The results of the study found that the selection of this consensus resulted from the forms of property settlement agreed upon among the heirs and the majority of the forms by “hand over the share” became the highest primary choice compared to the choice of other forms. The implications of choosing a consensus method not only help resolve the division of property but also guarantee family harmony.

Keep your distance: Land division with separation

This paper is part of an ongoing endeavor to bring the theory of fair division closer to practice by handling requirements from real-life applications. We focus on two requirements originating from the division of land estates: (1) each agent should receive a plot of a usable geometric shape, and (2) plots of different agents must be physically separated. With these requirements, the classic fairness notion of proportionality is impractical, since it may be impossible to attain any multiplicative approximation of it. In contrast, the ordinal maximin share approximation, introduced by Budish in 2011, provides meaningful fairness guarantees. We prove upper and lower bounds on achievable maximin share guarantees when the usable shapes are squares, fat rectangles, or arbitrary axis-aligned rectangles, and explore the algorithmic and query complexity of finding fair partitions in this setting. Our work makes use of tools and concepts from computational geometry such as independent sets of rectangles and guillotine partitions.

Sequential claim games

AbstractWe consider the estate division or bankruptcy problem and assume that players sequentially put claims on the estate. Each part of the estate is then divided proportionally with respect to the number of claims on it. We focus on myopic play: players first claim the hitherto least claimed parts, and on subgame perfect equilibria. Our main result is that myopic strategies constitute a subgame perfect equilibrium if punishments for deviators are included.

О некоторых особенностях, связанных с приобретением права собственности на недвижимое имущество

The purpose of the study is to consider controversial positions existing in the law enforcement practice of the Supreme Court of the Russian Federation and related to registration actions for the transfer of ownership of vend in the Federal Service of State Registration, Cadastre and Cartography. Research objectives: to determine the necessity of state registration of the transfer of ownership, to identify the main ways to protect the rights of a bona fide acquirer of vend, to study the features of the division of real estate of spouses. General scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal) were used. The actual circumstances taken into account by the courts in disputes over the rights to real estate are indicated. It is noted that in the current legislation there are no clear criteria for classifying property vend. The ways of protecting the right of a bona fide buyer are considered, including confirmation of the actual transfer of the apartment under the contract of sale and obtaining the consent of the second spouse when concluding a preliminary contract of sale on the seller’s side. Such subjects of legal relations as spouses have been studied, since when dividing the joint acquired property, the question of determining the share in the ownership of vend is most acute. It is noted that the fact of registration is not always an unconditional basis for the emergence of ownership of vend.

Hibah Amanah Hartanah dan Kekangan Perundangan dalam Perancangan Harta Orang Islam di Malaysia (The Trust Hibah of Real Property and its Constraints in Property Planning of Muslims in Malaysia)

The sensitivity of muslims towards the wealth planning via trust hibah for immovable property began to develop positively. The instrumen is able to deal with the problem of arrears of division of estate in the form of real property due to the misunderstanding of the community in applying the faraid system so as to have a negative impact on the position of property of Muslims in a prolonged period of time. In this regard, an ownership and groundbreaking problems will occur when the people assumes that the division of property should be done physically solely according to the rate or share specified in the faraid system. Thus, the wealth planning via trust hibah for immovable property can realize the property owner's desire to hand over the property to certain parties, especially to the heirs who will be left behind. However, there is the issue of real estate hibah amanah legislation that has arisen as well as being a constraint on its implementation to the Muslim community. This article analyzes the real estate trust hibah law in Malaysia. This study is qualitative in nature and uses a content analysis approach. The results of the study found that there are legal constraints on real estate trust hibah that can challenge its survival to the community. This issue needs to be reviewed by policy makers so that real estate trust hibah can be enforced in an integrated and effective manner in the future.

Pengaruh Profitabilitas terhadap Nilai Perusahaan Dengan Kebijakan Dividen sebagai Variabel Moderasi terhadap Perusahaan Properti dan Real Estate

The value of the company describes the quality of the company's effectiveness in growing the welfare of shareholders and is often used as a company's consideration. This is always tied to the stock price. The implementation of this research is expected to be able to interpret the impact of profitability on company scores and the role of dividend policy variables. The population taken is from companies in the property and real estate division, as many as 14 (fourteen) with a span of 4 years from 2017 and 2020. In this research, the researchers used the classical assumption test analysis method and multiple linear regression analysis. The variable from profitability to company score has an at-score of -1.010 and a significance score of 0.318, an at-count score of dividend policy of 0.322, and a significance score of 0.017. All variables from this research have calculated F of 2,963. This figure exceeds the score from the F table. Profitability has a non-significant effect on the company's score and significant dividend policy and can strengthen the impact of profitability on the value or score of the company. Key Words: SFA, Panel Data, Efficiency
 Key Words : Dividend Policy; Firm Value; profitability

Taxation of property given into dependent possession by an entity subject to a property tax exemption

Motives: Does the real property owned by an entity subject to the real property tax exemption and placed in the dependent possession of another entity give rise to an obligation to pay the tax in the amount payable by the entrepreneur?Aim: In a situation where the property is in the possession of the entrepreneur, he is obliged to pay the highest amount of tax – in 2021, the rate of this tax is PLN 24, PLN 84 per m2. However, the Act on Local and Duties and Fees provides for certain exceptions for entities which, due to their activities, benefit from a tax exemption, because of which no funds are credited to the budget of a local government unit. Therefore, it can be concluded that the tax authorities want the largest possible number of properties to be taxed in the highest amount. Their task is facilitated by the fact that the provisions of tax law are not clear as to the definition of “seizure of real estate for conducting business activity”, which allows the tax authorities to freely decide what such activity is and what is not. Recently, an opinion has developed that the mere transfer of real estate into dependent possession based on a civil law contract justifies the statement that the entity conducts business activity. Therefore, the article in question attempts to answer the question whether, and if so, in what amount, the entity that benefits from the tax exemption is obliged to pay tax if it gives the property into dependent possession, and whether it is possible to use tax optimization and make the division of real estate for tax purposes?Results: The interpretation of the provisions of a.l.t. applied by the tax authorities to date, which boils down to the assumption that the mere fact of leasing real estate proves that business activity is being conducted and prejudges the loss of acquired right to tax exemption, is not justified in any way. In the provisions of the a.l.t., the legislator clearly indicates that the subjective use of the real property for purposes that entitle the entity to use the tax exemption is of significance. At the same time, when the tax exemption does not extend to part of the property, it is possible to subdivide it for tax optimisation purposes.

ЛЕННИКИ ИЗ НАДРОВИИ В ГОСУДАРСТВЕ ТЕВТОНСКОГО ОРДЕНА В 1340–1370 ГОДАХ

The article examines the condition (composition and functions) of lieges in Nadrovia – Prussian land that was included in the Teutonic order’s State in 1277. The research of acts and chronicles allowed the author to define the group of 46 persons, who were obliged to keep military service (to participate in companies against Grand Duchy of Lithuania, defend native lands, built and restore fortifications, etc.). The main part of lieges (44 persons) possessed land estates in size of 1,5–12 huffens. Among Nadrovians, there was a process of social differentiation that appeared in the same forms as in other Prussian lands: accumulation of land property by one person, division of estates, heirless property that appeared in the conditions of reduction of free lands qualified for cultivation. To minimize negative consequences of this process, the Order and the Church gave the permission to use nearest grounds, compensated the loss of the land property, and imposed penalty (vergeld) for the damage to life and health of Prussians. The formation of fief system in Nadrovia as well as appearance of settlements before the Order’s conquest was associated with waterways (rivers Pregel, Inster, Agrapp, etc.) that was caused by the significance of this type of communications in this wild district covered by woods. At the same time, in contrast to the settlements of the 10th – 13thcenturies, fiefs concentrated in the western part of Nadrovia due to the formation here of the system of Order’s castles as military and administrative centers. By these conditions, the most stable cultivated territories were such lands that were settled before Order’s conquest and still tilled after it because near location to the new centers.

СУТНІСТЬ ТА КЛЮЧОВІ ОЗНАКИ ЖИТЛОВОЇ НЕРУХОМОСТІ ЯК ЕКОНОМІЧНОЇ КАТЕГОРІЇ

The article substantiates the essence of the definition of "residential real estate", as well as its key features as an economic category. The interpretation of the concept of real estate in the normative legal acts of Ukraine is analyzed. It has been established that the concept of "residential real estate" is based on three components: first, on a direct understanding of what refers to real estate in general and what is its interpretation in the modern legal space; secondly, criteria for dividing real estate into residential and non-residential; thirdly, the formation of traditions of understanding real estate as "residential" in the national consciousness. It is proposed to consider residential real estate as a set of land plots and objects located on them, which may lose their value or purpose when trying to change their location. The main characteristics of the real estate object are highlighted, in particular, it is the connection with the land; form of consumption; the possibility of changing the location; form of functioning; the method of transferring value in the production or process of loss of consumer properties; duration of use; social significance; technical and technological characteristics. The issue of the development of the residential real estate sector should be considered at all levels of state administration with the optimization of points of contact with other industries and the creation of positive market relations. The main criteria for the division (distinction) of real estate objects are given. The fact that with the implementation of the territorial reform there is a division of real estate into state-owned real estate and real estate that is an asset of the territorial community is emphasized. Such real estate objects can be divided into two groups: the first – those that belong to the territorial community by property rights; the second – those that are located within the territorial community, but do not belong to the community (are not communally owned). It is noted that approaches to the definition of real estate objects in different countries may differ, taking into account their legal traditions and the level of development of social relations, and countries independently define things that are immovable and to which the norms of real estate regulation apply.

On the question of state policy regarding the Legal status of the Estates of the Russian Empire in the first half – middle of the XVIII century

The legal status of estates and law enforcement practice in relation to both individual representatives of the society of the Russian Empire and public groups has attracted the attention of researchers for quite a long time, but does not leave its relevance. The article presents the results of a study of the legislative policy of the state in relation to the legal status of the estates of the Russian Empire in the first half – middle of the XVIII century. Based on the materials of published and unpublished sources, using comparative analysis methods, it was possible to describe the changes that took place in the field of regulatory regulation of the situation of both individual social groups and society as a whole. A review of the historiography of the issue from pre-revolutionary authors to modern scientific works has shown the relevance of the topic under study and the specifics of its subject of research. The introduction into scientific circulation of the sources of the era of John Antonovich, the significance of which is determined by the policy pursued by Elizabeth Petrovna on the destruction of evidence related to the time of the infant emperor's stay on the throne, allowed us to pay attention to legislative acts regulating the consolidation of society within the framework of the formation of a sense of loyalty to the throne. Each of the monarchs made their own adjustments and changes to the legal regulation of public life in the first half - middle of the XVIII century. Since Peter I, there has been a gradual division of estates by improving each branch of social legislation. Therefore, for a more accurate understanding of the reasons for the appearance of certain laws regulating the social structure, the article presents the reformatory activity of the state from the reign of Peter I to the completion of the palace coups.In general, the legislative policy of the studied period in relation to the legal status of the estates of the Russian Empire forms a unified system for determining the position of subjects in line with the "state interest", outlining the framework of regulatory regulation of the rights and obligations of public groups in the changing economic and political realities.The authors' contribution is presented in a joint work on the research topic, in which E.V. Goncharova identified and attracted the source base of the Russian State Archive of Ancient Acts, summarized the results of a joint study and formed a text for publication; M.M. Pavlova analyzed the historiography of the issue and published sources in the field of legal regulation of the status of the estates of the Russian Empire in the first half – middle of the XVIII century.

Identity, urbanity and division of housing estates in the Czech Republic

The housing estates were built on the basis of the urban concept as a whole. These units can be viewed with a certain development potential, which they hide in the framework of a sustainable increase in the quality of life. All housing functions, not only in the housing estate, are decisive for the development of the whole society. In the sphere of housing, a person is born, formed and developed as a social and cultural being, therefore it is necessary to deal with the issue of identity, urbanity and the division of housing estates.

Ex-ante estate division under strong Pareto efficiency

The bankruptcy problem is to divide a homogeneous divisible good (the “estate”) between claimants, when the sum of the claims exceeds the value of the estate. When the problem is looked at from an ex-ante point of view (i.e. before the size of the estate is revealed), it is possible to formulate a notion of Pareto efficiency that is stronger than when the more common ex-post perspective is taken. Under the assumption of common beliefs, the strong notion of efficiency leads, in combination with the requirement that all claims should be fulfilled when the value of the estate is equal to the sum of the claims, to a uniquely defined division rule when utility functions for all agents are given. The resulting rule can be represented in the form of a parametric function. For the case in which all agents are equipped with the same utility function, the class of parametric functions that can be obtained in this way is characterized. In particular, it is shown that two well-known division rules for the bankruptcy problem, namely Constrained Equal Losses and Proportional Division, can be rationalized under strong Pareto efficiency by constant absolute risk aversion and constant relative risk aversion respectively.

Division of real estate upon request and the return obligation under Article 136(1) of the Act on the Real Property Management: a few remarks in the context of counteracting the so-called “land freezing” versus the principle of loyalty

Division of real estate by application is still not properly recognised in the jurisprudence of administrative courts. On the one hand, this is manifested in the fact that, although it results in the takeover of private land for the benefit of a public entity for the purpose of building or extending public roads, this decision is not recognised as being expropriation. One of the most important consequences of denying to recognise this division as one of the forms of expropriation is that it is not subject to the return obligation, even if the public-purpose investment project, i.e. the construction of a public road, was not completed within 10 years of the takeover. It should be added that the lack of actions on the part of the commune to acquire such land leads to an adverse phenomenon which is referred to as “freezing the land”. On the other hand, it is argued that the division decision has no features of authoritative and compulsory acquisition of the title to real property by the commune. The above views are subject to criticism given inter alia that they fail to take into account that the spatial planning acts, in particular the local spatial development plan, play a prognostic role in relation to expropriation acts. The study presents the thesis that, were the premise of the public purpose be rejected, then regardless of the form of takeover of the title to real property by a public entity, the obligation to return this property to the former owner or its legal successors arises.

Fertilization Effectiveness on the Productivity of Fresh Fruit Bunches and Maintenance Costs of Oil Palm

The productivity of oil palm is highly dependent on the application of fertilization. Fertilizer applications must pay attention to its effectiveness and efficiency so that nutrients are absorbed optimally at the right time and right dosage. This research was conducted to assess the effectiveness of fertilization time. In addition, this also aimed to examine the effectiveness of oil palm fertilization which affects the productivity of fresh fruit bunches (FFB) and increases the production income. The data used were secondary data including fertilization and productivity of FFB at time intervals after fertilization for 6, 7, and 8 months in Kujan Estate Division, PT Menthobi Makmur Lestari (MMaL), Kujan Village, Nanga Bulik District, Lamandau, Central Kalimantan Province. The data obtained were analyzed using MS software. Excel was also employed to describe the dosage and time applied for 1 year and the productivity of FFB after 6 months of fertilization. Fertilizer application in months with high rainfall and long dry season is less effective and efficient for nutrient availability. The productivity of FFB in the second semester after 6 months of fertilization has increased compared to the first semester. The effective application of fertilizers can increase the production of CPO and reduce the total maintenance cost of the oil palm company

A Problem of Distributive Justice, Solved by the Lasso

The problem of dividing an estate among creditors, when their claims total more than the value of the estate, was posed in the Talmud and has been analyzed in the game theory literature. Here, we reveal a close connection between schemes for estate division and linear regression solution paths obtained by least angle regression or by the lasso. We focus primarily on the division scheme known as constrained equal awards, but also consider a more complex approach described by Aumann and Maschler. Supplementary materials for this article are available online.

ҐРОДСЬКІ І ЗЕМСЬКІ КНИГИ ВОЛИНІ ЯК ДЖЕРЕЛО ДО ІСТОРІЇ УКРАЇНСЬКОЇ ШЛЯХЕТСЬКОЇ РОДИНИ XVI–XVII СТ.

ҐРОДСЬКІ І ЗЕМСЬКІ КНИГИ ВОЛИНІ ЯК ДЖЕРЕЛО ДО ІСТОРІЇ УКРАЇНСЬКОЇ ШЛЯХЕТСЬКОЇ РОДИНИ XVI–XVII СТ.

Claim games for estate division problems

The estate division problem considers the issue of dividing an estate when the sum of entitlements is larger than the estate. This paper studies the estate division problem from a noncooperative perspective. The integer claim game introduced by O'Neill (1982) and extended by Atlamaz et al. (2011) is generalized by specifying a sharing rule to divide every interval among the claimants. We show that for all problems for which the sum of entitlements is at most twice the estate the existence of a Nash equilibrium is guaranteed for a general class of sharing rules. Moreover, the corresponding set of equilibrium payoffs is independent of which sharing rule in the class is used. Well-known division rules that always assign a payoff vector in this set of equilibrium payoffs are the adjusted proportional rule, the random arrival rule and the Talmud rule.