Field Of Property Law Research Articles

CIVIL LAW CODIFICATION PROCESS IN THE REPUBLIC OF NORTH MACEDONIA AND THE REPUBLIC OF ALBANIA

Civil Law as a branch of the private law is very important because of the regulation of the relations between two natural or legal persons in the field of property law, family law or law on obligations. The Republic of North Macedonia had a different story on its codification of civil law since it was part of the Former Yugoslavia, and its initiative started in 2009 with the process of drafting the civil code. This process continues due to the change of the Macedonian Government in 2016, which prolonged the work on the civil law codification for a couple of years. Now more than ever, the Republic of North Macedonia is ready to adopt the new Civil Code, and the last chapter is expected to be completed by the end of 2023 or the beginning of 2024. On the other side, the codification process of civil law in the Republic of Albania was long, and it emanated since its pre-state formation with the customary law and establishment of institutes, continuing with the declaration of independence and formation of the Albanian state in November 28, 1912 and the first Civil Code of 1929, the second Civil Code in the period of socialism in 1981, and the third Civil Code in the period of transition in 1994 until today. All this legal process of codification has brought development in the fields of private law, one of them being family law.

Juridical Analysis of the Division of Inheritance to the Heirs of Different Marriages (Decision Number 435/PDT/2018/PT MDN)

In civil inheritance law, a principle applies, namely if someone dies (heir), then by law and immediately his rights and obligations are transferred to his heirs, as long as these rights and obligations are included in the field of property law or in other words rights and liabilities that can be valued in money. The civil inheritance law system has a characteristic that is different from other inheritance law systems, which requires that the heir's inheritance be divided as soon as possible among those who are entitled to the property. In the distribution of inheritance, the heir as the owner of the property has the absolute right to arrange what he wants for his property. This is a consequence of inheritance law as a regulatory law.

Economic Networking as Implied in Property Law: Certain Aspects

The present paper outlines the current stage in the development of traditional approaches in the field of property law and the relevant legislation and practice in Russia. Some results and tendencies of adapting traditional approaches to the realities of the new time are introduced. The author shows a gradual shift from the concept of property form toward the concept of property regime based on the actual move away from the property holders themselves to the rights that such holders enjoy. The present paper highlights the economic reasons for this state of affairs. It has also been revealed that the method of appropriation of information leads to the changes in the area of property defined, given the parties involved, as state property concerns its definition as communal and public. As a result, a property network regime for information has been formed according to the information available in the network (from inaccessible and restricted to commercial or generally accessible). The author explains the reasons for more complicated property relations and evolving ownership rights for both tangible and digital objects. It has been established that the spare potential of property interpretation in terms of its regimes is significant; thus, it requires further analysis. It is worth highlighting those property regimes and forms as mobile and variable. This paper states that the ethical problem of justice that arises in the context of the effectiveness and the possibility of traditional forms of property, especially private property, contributes to the reassignment of property functions that fit property regimes. This paper provides up-to-date scientific information on Russian legislation and the doctrine/research works (books, articles, etc.), as well as other ideas in the relevant field; the paper contributes to the understanding of the practical and legislative gap (or its absence) in Russian and foreign research results and implications.

Novo stvarno pravo Belgije

The purpose of this paper is to present newly enacted Book III on property of the Belgian Civil Code. However, the author does not make a review of the entire Book III, but makes a selection of the most interesting features of this new piece of legislation in the field of property law.

Kedudukan Anak Adopsi dalam Pewarisan Berdasarkan atas Hukum Adat Bali

The law of inheritance is a law that regulates what should happen to the deceased person's property, in other words, it regulates the transfer of property left by the deceased to the heir. In principle, only rights and obligations in the field of property law can be inherited, and it does not include rights and obligations in the field of law that cannot be inherited, such as work agreements, employment relationships, individual membership, and authorizations. This research was conducted with the aim of describing the rights and obligations of an adopted child in inheriting property by the adopted parent and the position of the adopted child in inheriting property by the adopted parent. This research was conducted using empirical legal research methods. The results of this study indicated that adopted children in Bali are entitled to receive an inheritance from their adopted parents as well as their biological parents. This is known as ma’bubun dua ma’saruran patomali. Its meaning has two kiblat oase, that is to be able to be given an inheritance from adoptive parents as well as biological parents. On the other hand, the adopted child is obliged to maintain and establish family relationships as harmonious as possible, and carry out or replace the role or obligation of the adopted father/mother to the duties of the area where he lives (local community). In addition, the position of the adopted child in the inheritance of the property by the adopted parent is equal to or completely the same when compared to the biological child. Therefore, the adopted child is also entitled to inherit the inheritance of the adopted parent.

The Proving of Artificial Intelligence Generated Content’s Works of Authorship Characteristic and the Authorship of Artificial Intelligence

In the field of property law there are many different views on the attributes of artificial intelligence generated content and the identity of artificial intelligence. Judging whether a thing is a work of authorship or not should follow objective criteria. The artificial intelligence generated content satisfies the criteria of originality and intellectual achievement. Therefore, we should recognize and protect it as a work of authorship under the copyright law. Besides, from the perspectives of the influence on human enthusiasm for creation, the impact upon the legal system and the history of the development of property law, it is reasonable to recognize artificial intelligence as authorship.

Private Law Regulation of Innovations and Creditors’ Rights: What We Can Learn from Domain Name Rights for Blockchain Rights

The most significant innovation in recent years has been blockchain technology. Such innovations demand a response from the law. The most significant innovation of the last twenty-five years has been the internet. The relative lack of government regulation in the domain of public law has been one of the key features of the internet. The private law regulation of domain name rights has been left to private institutions to arrange this through contract law. Contract law, however, has its limitations when it comes to pledging, seizing and the forced sale of domain name rights. Qualification problems with regard to the nature of domain name rights and the prescribed mode of contract renewal have resulted in difficulties with respect to pledging and seizing domain name rights. These cannot be solved by bottom-up selfregulation. I will demonstrate this by discussing the law in the Belgian, Dutch, German and American jurisdictions. In particular, I will address the unique bottomup self-regulation of domain name rights in the Netherlands, which aims to replace statutory rules in the field of property law by contractual provisions. Lastly, I will discuss what we can learn from domain name rights for blockchain rights. I will argue that, learning from domain name rights, we should not try to fit in similar issues with regard to blockchain rights in existing private law or contractual arrangements, but should develop tailor-made statutory private law rules so as to avoid the same legal uncertainty as with domain name rights.

Introduction, EMINENT DOMAIN: A COMPARATIVE PERSPECTIVE

The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems. The Introduction summarizes the rest of the book, and describes the common analytical framework used by the contributors.

Finding Property in New Places – Property in Cyber and Outer Space

The fields of virtual property and property in space are both new areas of property law that could not have been envisaged a hundred years ago. In both of these new fields, things and other objects of property are located in places that have not previously been considered capable of harbouring property in the traditional sense. New technological and societal developments have resulted in both the creation of property (in virtual worlds) and the ability to get to property (in space), and questions have to be asked about how property law can and will function in these new areas. This article discusses some of the important property questions posed by the creation of these new fields of property law. Although there is some correlation between the unique questions posed by the environments that these new areas of law deal with, each of the fields has some idiosyncrasies that are influenced to a large degree by the location of the property objects in each area. This article highlights these similarities, while simultaneously pointing out some of the main differences between them and traditional (Earth-based) property law.

Acquisition of Property Inside Virtual Worlds

The aim of this paper is to take an introductory look at acquisition of ownership inside a virtual world. A brief summary of the methods of acquisition of property in South African property law will provide the background against which to discuss the new field of virtual property and give it some real world context. In most instances ownership will be derived from the terms of a contract, where a developer gives a user a right to use or own an object of virtual property. Sometimes this is just a use right, but at other times, and specifically in virtual worlds that emulate the real-world, users are able to acquire ownership in these items. There are also a number of other methods of acquisition that closely resemble those found in the real world. Ownership in a virtual item can be ceded, sold, inherited or lost in an insolvent estate. It can even be acquired in an original form. The relevance of this field of property law becomes apparent when one realizes that virtual property ownership has far-reaching consequences from both an economic and social viewpoint. Because of this importance of virtual property from an economic perspective, it follows that whoever has ownership of these virtual assets are able to exert control over and derive financial interest from them. Due to this fact, knowledge of how ownership in virtual property can be acquired and what the corresponding rights should quickly become relevant to the practice of the law of property.

The Impact of Economic Theory on the Israeli Case Law on Property

The article discusses whether, and to what extent, Israeli case-law in the fields of property law and planning law is influenced by economic-efficiency considerations. The article critically examines three major areas of property law: compensation for injury to lands' development rights, remedies for unlawful building on another's property, and conflicting transactions in land. All three examples illustrate that assessing the impact of economic theory is somewhat complex. On the one hand, judges are increasingly cognizant of the economic approach to law, and some of them tend to include economic-oriented considerations in their reasoning. Judges opposed to efficiency analysis often mention this theory, even if pejoratively, in their rulings. Economic factors cannot and are not ignored. On the other hand, the judges' implementation of the economic calculus is often simplistic or even flawed. Moreover, there sometimes exists an inverse correlation between the identity of the judges most sympathetic to economic reasoning and the identity of the judges who have adopted the most efficient rule.

Dva veka građanskog prava u obnovljenoj Srbiji 1804-2004

Ever since the renewal of the Serbian national sovereignty in the first decade of the 19th century until today there have been several attempts to completely regulate the field of the civil law through the unique codification, which would, by the virtue of its normative solutions, comply with the tradition, existing social environment and realistic evolutional possibilities. At the beginning there was a plan to partially take over the French Civil Code but this idea was abandoned due to the different level of social development. The conclusion was that the provisions that were drafted for one of the most progressive European states could not be applied in the culturally undeveloped and poor Serbia and that a unique codification should be made, which would be suitable for the Serbian society of that time. Following that idea, they began to work on the codification in the mid thirties of the 19th century. However, the Civil Code of the Principality of Serbia, which was adopted in 1844, was not unique. It basically represented a short and partially revised version of the Austrian Civil Code. In addition to that, some of its provisions were against the tradition of the Serbian people and against the requirements of the existing legal practice. Therefore, there was a proposal to start drafting the new codification. A Commission was established at the beginning of the 20th century, which carried out the work on the new codification until the First World War. This project was abandoned after the war. However, soon after the unification and establishment of the Kingdom of Serbs, Croats and Slovenians, they started working on the harmonization of the legislation. The draft for the Civil Code of the Kingdom of Yugoslavia was finished in 1934. This legal project was never officially adopted either. After the Second World War the new socialist system was introduced. The legal continuance with the legal system of the former Kingdom of Yugoslavia has been broken and the civil legislation from before the war ceased to apply. In order to avoid the entire legal vacuum the courts were allowed to apply the "old legal provisions" that were in compliance with the new political system. That solution introduced legal uncertainty. Therefore the preparatory work on the new civil code was intensified in the mid fifties of the 20th century. The authorities of that time decided to apply the method of partial codification. The idea was to adopt a systematic law for each branch of the civil law and to later join all the provisions in one legal act. The work on codification came to an end at the beginning of the seventies. But the normative competences were then divided between the federal state and the member states. Since there was no more constitutional base for adoption of the single civil code, they continued with a partial codification. The federation adopted laws that belonged to its competence. On the other hand the member states have never adopted the laws in the field of property law and law on contracts and torts. That is a reason why there are number of legal vacuums in this field, which are very often filled up by application of some old legal provisions that are constituent part of the laws of the Kingdom of Yugoslavia. Today, there are no constitutional obstacles to entirely regulate the substance of the civil law, but there is no clear idea and strategy on how to develop this branch of the legal system. Two hundred years after the First Serbian Uprising, Serbia is again at the beginning.