Form Of Property Rights Research Articles

The nexus between entrepreneurship and property rights: role of legal origin in entrepreneurship and property rights

ABSTRACT Understanding the institutional context in each country that influences entrepreneurship is essential. This study examines a functional form of property rights in entrepreneurship by legal origin. Our study uses data published by the Global Entrepreneurship Monitor. We explored the correlation between entrepreneurship and property rights using macro data for 51 countries from 2001 to 2020, categorizing the countries into four types of legal origin. The results showed that the form of function between entrepreneurship and property rights differs according to the legal origin. The association between entrepreneurship and property rights showed an upward trend in English and German legal-origin countries but a gradual quadratic bell curve trend in French legal-origin countries. The association between property rights and entrepreneurship was irrelevant in countries with inherited Scandinavian legal origins. The observation of countries by legal origin revealed that expanding property rights does not necessarily promote entrepreneurship. Therefore, the study recommends that the level of property rights that can be adjusted to one’s institution be determined according to the variety of capitalism.

POLAND AND UKRAINE: PERSPECTIVE OF INSTITUTIONAL ECONOMICS

The residential real estate market is one of the most important elements of any economy, based on housing objects that can be owned by different households on certain rights. Identifying all forms and rights of ownership in the housing market of Poland and Ukraine in accordance with the theses of institutional economics and comparing them was the main goal of the study. In our analysis, we want to confirm the hypothesis that the structure of property rights that exists in the residential real estate market and is described in various literature provides only a general description of the real situation. Therefore, the result of our research was the determination that the property rights operating on the housing market in Poland and Ukraine are much more diverse and complex than the five main forms described in the Ostrom model, which is the main basis for defining property rights. This made it possible to identify the existing forms of property rights, in particular for apartments that exist in the analyzed markets, and to establish the distribution of these rights among possible co-owners of these objects.

Navigating the contradictory dynamics of production and social reproduction in collectively owned agricultural enterprises in South Africa's land reform

AbstractThe paper explores how beneficiaries of South Africa's land reform programme attempt to navigate the contradictory dynamics of production and social reproduction in collectively owned agricultural enterprises. The Mphuzanyoni Communal Property Association in KwaZulu‐Natal province farms with commercial beef herds and the Mayime Cooperative in the Eastern Cape province is engaged in a joint venture dairy farming scheme in partnership with an agribusiness firm. Severe tensions are evident between the social reproduction of households and the requirements of simple or expanded reproduction of agricultural enterprises. Bernstein's concept of competing ‘funds’ is used to examine struggles over production and reproduction on the farms, in which members of socially differentiated households contest divergent visions for the collective enterprises. Conflicts centre on how labour and capital should be mobilised, how income and other benefits in kind should be distributed to households and whether or not income should be invested for purposes of simple or expanded reproduction of the enterprise. Challenges of governance are rooted in these conflicts rather than in group ownership as a form of property right.

Особенности права собственности в эндаумент-фондах согласно нормам проекта закона Республики Казахстан «О фондах целевого капитала (эндаумент-фондах)»

The article considers the questions about the content of ownership rights to property gifted to endowment funds in accordance with the norms of the draft law of the Republic of Kazakhstan “On endowment funds”, and the implementation of this right in practice. For these purposes, a theoretical analysis of issues about the subjects and objects of the new category of property rights, as well as the content of property rights in the context of the current rules governing the institution of trust management, was carried out, and issues of implementing innovations related to the activities of endowment funds were analyzed. By analyzing the powers of the owner, some essential characteristics and signs of a new category of property rights have been identified, distinguishing this category from other forms of property rights and property rights in general; the right of ownership of endowments is defined as a special property right that has specific features of title ownership, ensuring legislative recognition, protection and use of the property powers of the owner, even in the case of transfer under a trust management agreement of all three powers of ownership, use and disposal of property. In the Conclusion, the authors made specific conclusions based on the results of the issues considered.

The intersection of property rights and environmental law

This article examines the legal and policy intersection of property rights and environmental law. Property rights are closely connected to and often in tension with many elements of environmental law and policy. Appropriate controls on the use of property rights and natural resources, and effectively managing the environmental consequences of such use, are critical in addressing the environmental challenges of our time. This paper first reviews the importance of property rights in the context of our legal, social, economic and political systems. It then examines the active use of property rights and mechanisms to address environmental challenges, including the creative and innovative use and development of new forms of property rights that have emerged in recent times. This is followed by a discussion of recent developments in restricting the use of property rights in land use and natural resource development to address environmental issues. The paper concludes with some ideas for future development of the law, and emerging new directions for future research. Throughout the paper, New Zealand will be used as a case study to reflect on the relationship between property rights and environmental protection.

Inheritance Rights to Freehold Land for Children with Dual Citizenship Outside of Mixed Marriage

Inheritance is a legal consequence of a legal event in the form of death, which is explained in Article 830 of the Criminal Code. It is also explained that every person who has the right to inherit without distinction of male or female, or who was first born with the same amount for each heir, is stated in Article 852 Paragraphs (1) and (2) of the Criminal Code. In addition, if the child obtains the status of an Indonesian citizen from the Ius Sanguinis principle and obtains the status of a foreigner from the Ius Soli principle, it does not cause the child to become a dual nationality child because the Citizenship Law does not recognize the existence of dual citizenship as stated in the general explanation. However, the Citizenship Law provides an exception for children with dual citizenship. The granting of an exception to dual citizenship lasts until the child has chosen a nationality. The election of citizenship is at the age of 18 years or has been married and an extension of time for 3 years based on Article 6 of the Citizenship Law. Dual citizenship status does not abolish the right to inherit children from both parents, but there are restrictions on the right to inherit in the form of property rights. Legal protection for children with dual citizenship status in their inheritance rights can be assisted in the management by a guardian. The purpose of this study is as one of the requirements for obtaining a Masters of Notary degree at the Postgraduate Notary Masters Study Program at Warmadewa University. This thesis research method uses normative legal research, which uses two types of approaches, namely the statutory approach, and the conceptual approach.

Land Bank's Regulation in Accordance with Principle of State's Right to Control

The purpose of this paper is to identify and analyze the position of the land bank based on the principles of the state's right to control and to find out the harmonization of land bank arrangements in accordance with the Indonesian Agrarian Law. This research method uses normative legal research methods related to using a statutory approach and comparative approach. The results of this paper indicate that the state’s right to control principle of the regulation related to land banks does not give rights to land ownership in the form of property rights, however only has the right to control the state which is implemented into management rights therefore that even state-formed legal entities cannot have property rights, as well as land banks. The harmonization based on the principle of the state’s right to control can be analyze by using the principle of legislation or principle of preference in the form of the principle of lex superiori derogat legi Inferiori, in this case the land bank regulation in the Job Creation Law must be set aside. Keywords: Land Bank’s Regulation, States Right, Indonesian Agrarian Law

Fraus legis in land ownership conducted by foreign citizen in perspective of Indonesian land law

Indonesia has a close relationship with the earth, water, space, and the natural wealth contained therein, so the land tenure hierarchy in Indonesia places the nation's rights in the highest order. Based on the concept of the nation's rights, only Indonesian citizens are allowed to have full relations with the territory of Indonesia, while foreigners are not allowed. In practice, foreign nationals have abused their rights so that they can have land rights in the form of property rights in which there is a law smuggling action. One of the problems that arise is the recognition of ownership of land rights in the form of islands by foreign citizens. The purpose of this research is to analyze the ownership of land rights by foreign nationals associated with the abuse of rights by foreign nationals, the ownership of land rights in the form of islands by foreign nationals in the Indonesian land law system is associated with the right to control by the state and the concept of land rights. land in the form of islands in the Indonesian land law system. This research uses secondary data which is arranged in a systematic, comprehensive, and integrated manner to achieve clarity of the problem to be discussed. The results of the study show that foreign nationals can have land rights in the form of usage rights and rental rights. This policy is given the embodiment of the principle of justice. but is not allowed to have land rights in the form of property rights. In practice, there are many cases of abuse of rights by foreign nationals which are legal smuggling carried out through marriage, rental agreements with irrelevant terms, and control of usufructuary rights over a land area that violates the rules. The state's right to control land originates from the Indonesian nation's right to land. The state can grant land rights to foreign nationals as long as the land has not been granted other land rights.

Jual Beli Tanah yang Belum Bersertipikat dan Pendaftarannya

The problem in this research, the transfer of rights to land that has not been bersertipikat through a purchase agreement, an effort to increase certainty and legal protection in the sale and purchase of land not yet bersertipikat, and obstacles in the registration of land rights in land sales have not certified Land. The result of the discussion that the transitional form of property rights on land that has not been certified through the buying and selling in their execution in Medan namely land that does not have a certificate, it must first be converted to make the soil based on the certificate of title for the land. After that just do buying and selling process and to the land behind the name into the name of the buyer. Legal certainty and the protection of buying and selling land that has not been certified by the lawful fulfillment of all requirements under the provisions of the applicable legislation. So that the sale and purchase of land which has not been certified to be any legal consequences in the form of delivery of the object of purchase in the form of land to the buyer as well as the submission of purchase price payment to the seller.

TINJAUAN HUKUM TERHADAP PRINSIP NASIONALITAS DALAM JUAL BELI HAK ATAS TANAH

The principle of nationality adopted in the constitution on agriculture is fully enshrined in the Property Rights Regulation. Indonesian citizens who can have land ownership rights, while foreign citizens only have land use rights, then articles 1 and 2 of the constitution are thus complied with. The aim of this research is to determine the application of the nationality principle in the purchase and sale of fundamental rights and the effect of the nationality principle on the legal force in the purchase and sale of fundamental rights.The type of research used in this research is normative-empirical law, this research deals with the implementation or implementation of positive legal provisions and factual written documents about certain legal events occurring in society. The purpose of the assessment is to verify whether the results of the application of the law on legal facts are in concreto in accordance with the provisions of the legislation. Or in other words, whether the provisions of the legislation have been properly implemented so that the stakeholders achieve their goals or not. The results of the study indicate that the application of the nationality principle. The application of the nationality principle is an effort where the Indonesian people have full land rights in the Republic of Indonesia in accordance with the provisions of the law, while foreign citizens are not granted land rights in the form of property rights. Foreigners only have the right to cultivate, the right to build and the right of use. The legal force of the sale and purchase itself is in the deed of sale and purchase (AJB) where the deed of sale and purchase is proof that the fundamental rights have been transferred to the buyer who has bought the fundamental rights (property rights). The factor that then influences the legal force of buying and selling fundamental rights based on the nationality principle itself is whether the second party in this case the buyer is still a foreigner (WNA) which is an administrative defect and cannot be registered with the National Land Agency.

A Market Without The ‘Right’ Property Rights: Ho Chi Minh City, Vietnam’s Newly-Emerged Private Real Estate Market

While Vietnam’s reforms provided some of the weakest legal private property rights amongst the transition countries, cities like Ho Chi Minh City have booming domestic real estate markets. Interestingly, while most properties in 2001 did not have legal title, those on the market did advertise a variety of property rights claims. Employing a hedonic price model to analyse the pattern of prices at which sellers offer properties in Ho Chi Minh City, this study examines how this market values property rights. The findings show that multiple forms of property rights, enforced by highly decentralized state institutions, are operational in this market. Furthermore, legal title itself is not the most valuable form of property right. These findings suggest that the value of property rights emanates from where it is enforced within the particular institutional context of a market.

Credibility of legalization: Illegally constructed buildings in Serbia

The paper analyses the credibility of the legalization policies regarding illegally constructed buildings (ICBs) in Serbia in the socialist and post-socialist periods. It introduces the conceptual framework of the credibility thesis concerning informal institutions in an empirical examination of the credibility of legalization policy measures in Serbia. The analysis identifies the main causes of vast illegal construction, and the types and credibility of planning measures and legalization policies, using the Credibility thesis as a breakthrough in planning practice. The findings show the failure of planning and the non-credibility of legalization policies, as well as the survival of ICBs as an autonomous form of property rights.

The Fight for Economic Reform in Russia, 1990–1991

This article researches not a big, but an important period in the modern history of Russia, which became a transitional stage from a socialist to a market economy. It analyzes the main characteristics of the country’s economy and the circumstances of the transition to the market. The leading role in transforming the economic and political system belonged to the Congress of People’s Deputies of Russia. The “economic” sovereignty of the republic has become the core of Russia’s state sovereignty. The implementation of the declaration required changes in legislation and the management system. Freedom of entrepreneurship, banking, loans, and other innovations have set the task of creating clear and reliable forms of property rights and corresponding guarantees of the state. Normative legal acts of the Congress of People’s Deputies of the RSFSR and the Supreme Soviet of the RSFSR adopted to establish Russia’s economic independence and the transition to market relations caused a “war” of laws, in which the presidents of the USSR and Russia, Union and Russian deputies, ministers and regional leaders participated.

Corporations as Private Regulators

The growing trend of corporations imposing restrictions on suppliers, contractors, and customers beyond the requirements of existing laws requires rethinking the nature and impact of corporations’ private regulatory power. This trend, which this Article refers to as “Corporations as Private Regulators” (CPR), represents a paradigmatic shift in how corporations participate in the making of public policies. This Article conceptualizes the corporate CPR power as the exercise of a right of refusal to deal with counterparties. This right of refusal could be theorized as a new form of property right, whose allocation has important implications for both rights and wealth. The Article further explores the possible legal responses to CPR under various approaches, including the status quo approach, the ad hoc approach, the antitrust approach, the general CPR law approach, the property approach, and the constitutional approach. Finally, the Article analyzes the advantages and disadvantages, as well as the theoretical and practical implications, of each approach. The insights garnered through these inquiries lay the foundation for systematically tackling the CPR power.

Объект специальных хищений

Ownership always assumes that a person legally possesses a certain property. Trafficked narcotic drugs or psychotropic substances are not subject to civil rights, though they have a certain price on the black market. When purchasing them, the person transfers the agreed amount of money to the distributor; however, this transaction by Art. 167 of the Civil Code of the Russian Federation is void, on the basis of which it does not entail legal consequences and is invalid from the moment of its commission. As a result, such a transaction does not give rise to consequences in the form of property rights. The right of ownership does not arise even in the case of unauthorized collection of narcotic plants or their parts, since appropriation of things publicly available for collection is allowed only in cases specially established by law (Article 221 of the Civil Code of the Russian Federation). In the legal sense, the narcotic drugs and psychotropic substances in illicit traffic cannot be owned and, accordingly, relations regarding these drugs and substances are not subject to protection. The actual illegal possession, use, and disposal of the indicated means and substances can be called quasi-property or pseudo-property, or otherwise, but among the tasks listed in Part 1 of Art. 2 of the Criminal Code of the Russian Federation, the protection of such relations is not included. Criminal legislation takes under protection only the objects recognized as valuable within the framework of a particular society. Special types of theft (Articles 164, 221, 226, 229 of the Criminal Code of the Russian Federation) differ from thefts provided for in Art. 158-162 of the Criminal Code of the Russian Federation, primarily by the fact that they infringe not only on property relations, but also on other relations protected by law. Moreover, in some cases, special theft may not infringe on property relations, or such infringement may be insignificant (the minimum value of the thing). Based on this, it should be argued that property relations are not a mandatory object of special theft.

Economic and legal methodology of regulation of economic relations: no alternative phenomenon

The article is devoted to the problem of a legally secured attempt to repeal the Commercial Code of Ukraine and thus undermine the legal economic order, exaggerating the importance of certain civil structures of property regulation for the economy. In this regard, the article attempts to present a range of arguments in favor of comprehensive, organic and effective regulation of economic market relations, as well as in favor of effective legal support for the implementation of the state's own economic policy which is economic and legal regulation. Hypothetically, the abolition of the Commercial Code of Ukraine cannot be equated with the abolition of only certain forms of property rights and certain organizational and legal forms of economic organizations. Such an action will lead to the undermining of the entire legal economic order by the universal basic algorithm of which the Commercial Code of Ukraine serves. After all, only it formed the types of economic relations, types of economic activity - commercial and non-commercial management, economic policy and legal principles of its implementation, state regulation of economic activity and a certain classification of its main legal means of influence, the system of economic entities, which provides ample opportunities choose a specific organizational and legal form from a wide range of options, features of the legal status of state and municipal enterprises - the basis of special legal regimes of the state and municipal sectors of the national economy and many other socially significant aspects. Accordingly, the article raises the question of the economic effect of the introduction of the proposed bill, which should be taken into account and proposed for discussion, as its destructive potential is obvious. The article also draws attention to the need for criminological examination of this civil bill, one of the large-scale results of which should be the transfer of ownership from the state and local communities to the ownership of legal entities - companies to the relevant public property

Разграничение ответственности супругов по общим обязательствам при разделе совместно нажитого имущества

The availability of consumer credit has led to the spread of debt obligations in modern Russia. Most families during marriage manage to acquire not only assets in the form of property rights, but also liabilities in the form of debt obligations. The issue of the legal regime of such debts during marriage has been resolved by the legislator, but the fate of the spouses’ common obligations in the event of a judicial division of property remains unresolved. The article discusses the emerging approaches to the regulation of common debt obligations in the case of the division of common property of spouses.

Faith and Property Rights: Discussion on the Legality of Virtual Identity and Property Rights Distribution

This article combs through many documents on property rights analysis in recent years, discusses existing property rights analysis from three dimensions: the shaping mechanism of property rights, the existence form of property rights, and the social nature of property rights, revealing the endogenous and outreach of the rules of property rights Evolution mechanism. And from the perspective of typology, it interprets the intersubjectivity of the construction of property rights and the legal role of virtual identity in the distribution of property rights, and points out that property rights are not only a lubricant for social stability, but also an accelerator for national economic development. The article points out that this duality of property rights is manifested in the collusion of power and authority in terms of legitimacy, and abstracted into the interweaving of ideology and social belief in terms of rationality. It plays an important role in the distribution and protection of rights. Although existing research usually regards property rights as the basic concept of economics, they cannot ignore the social, political, and legal process of property rights. Therefore, the discussion of the legality of virtual identity in the distribution of property rights is the main reason to understand the process of property rights realization and also an important concept for analyzing the relationship between social beliefs and property rights.

Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran

The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.

ANALISIS PERATURAN KEPALA BADAN PERTANAHAN NASIONAL RI NO 4 TAHUN 2010 TENTANG TATA CARA PENERTIBAN TANAH TERLANTAR (STUDI KASUS EKS. PABRIK ES DAN GUDANG KOPI DI KELURAHAN BAJAK)

Abstract: Neglected land is land that has received rights from the state in the form of property rights, land use rights, building rights, usage rights and administrative rights or the basis for the control of land that is not cultivated, not used or not used according to the circumstances or nature and nature the purpose of granting rights or the basis of their control. Problem formulation What is the role of the Bengkulu City Bureau in controlling abandoned land in the former ice cream factory and coffee store in Bajak Village? Empirical legal research is a legal research method that uses empirical facts derived from human behavior, both verbal behavior from interviews and real behavior that is performed through direct observation. Primary data is data that comes directly from the field and is based on respondents and informants. Secondary data This data comes from literature books, laws and regulations, surfing the Internet and other documents. Determination of the abandoned country in accordance with Article 19 paragraph 1, the percentage of the abandoned land area is divided into the following groups: (a) 100 percent distributed, (b) more than 25 percent to less than 100 percent displaced,, and (d) distributed less than or equal to 25 percent. Sanctions pursuant to Article 23 paragraph 1 must be cleared of land that has been designated as abandoned land within a period of 1 (one) month after the decision on the determination of the abandoned land has been made by the former rights holder of the items located thereon. (2) If the former right holder does not fulfill the obligations mentioned in paragraph 1, the objects on it no longer belong to him and are controlled directly by the state.Keywords: Neglected land; Rights holders; penalty