Kind Of Property Research Articles

Mind the gap: noncausal explanations of dual properties

I identify and characterize a type of noncausal explanation in physics. I first introduce a distinction, between the physical properties of a system, and the representational properties of the mathematical expressions of the system’s physical properties. Then I introduce a novel kind of property, which I shall call a dual property. This is a special kind of representational property, one for which there is an interpretation as a physical property. It is these dual properties that, I claim, are amenable to noncausal (mathematical, in fact) explanations. I discuss a typical example of such a dual property, and an example of an explanation as to why that dual property holds (the explanation of the quantization of the linear momentum).

Matriarchal Economies: Women Inheriting from Women in Eighteenth-Century Wills, Courts, and Fiction

Despite the legal tradition of primogeniture and the laws of coverture in eighteenth-century England, women did in fact inherit and transmit money, land, and property. This essay illuminates female-to-female inheritance in wills, courts, and fiction. It examines cases of women inheriting money and property from other women in novels, such as in the work of Charlotte Smith and Charlotte Lennox, and also instances where they gift their patriarchal inheritances to other women, as depicted in the work of Frances Burney and others. We know that women willed property in the period, but are these fictional cases just imaginative fantasies of female economic independence and power? Utilizing regional case studies of wills and courts, this essay argues that women wielded their economic agency by directing portions of their wealth to deserving daughters, nieces, and friends. I then examine this practice in fiction, comparing the types of female relatives and friends involved in the transmission of property, the kinds of property willed and inherited, and the legal stipulations involved with inheritance in order to extend and complicate our understanding of women's roles in the transmission of property. My larger claim is that in both actual and fictional cases, women's financial legacies and bequests could successfully navigate the patriarchal economic structures that often disenfranchised them.

Внезапная смерть иерусалимского короля Фулька I, или Как передавали власть в государстве крестоносцев

The article examines a tragic episode in the history of the Latin Kingdom of Jerusalem, that is, the sudden death of king Fulk I of Jerusalem. The author tries to answer the question what consequences this event had for the society and state of the crusaders. To this end, she embeds this fact into a more general context of the political history of the Latin Orient. The death of Fulk turns out to have weakened his kingdom and provoked serious political crisis. It triggered a new stage of struggle for power, which eventually escalated into a real civil war, culminating in the accession of Fulk’s son Baudouin III to the throne. The study shows that the crusaders’ state was regarded by its ruling elite not as an institution providing a political framework for society but as a hereditary possession of the rulers which changed hands like any other kind of property. The death of a member of the royal family could disable this system.

Financialization and Fictitious Capital: The Rise of Financial Securities as a Form of Private Property

In recent decades, financial securities have become a dominant form of private property, accounting for much of the growth of wealth around the world. But what kind of property are financial securities? What are the sources of the income they provide, and what are the social relations that underlie its flow? This article addresses these questions through the Marxist category of fictitious capital. Focusing on corporate stocks and bonds, the article shows that the social relations expressed in these securities are based on the relation of capital and labor and the exploitation of workers in the sphere of production. It concludes that although the rise of financial securities leaves the basic conflict between capital and labor intact, it opens new strategies within this class struggle. JEL Classification: B51, E44, P10

Zakat as a way to overcome poverty in Muslim society

This article discusses the importance of zakat — a mandatory payment in favor of the poor and the needy — for Muslim society. The author reveals the essence of zakat, designates the categories of Muslims who are obliged to pay it, indicates to whom exactly it is paid, determines from what kind of property and in what order it should be paid. The article briefly and conveniently provides the norms for paying zakat. The pillars of religion, which are obligatory for execution, cannot lose their significance, which determines the relevance of this work, the purpose of which is to bring to the majority of Muslims the legal norms for establishing and paying zakat. The provisions and arguments given in the article are considered on the basis of a comparative analysis of the significance and role of zakat during the time of the Arab Caliphate with the present time. The study is based on the famous book “Fatawa al-Chohiy” by Muhammad Ali al-Chohiy. This book accumulates fatwas collected from more than a hundred books. Most of the legal decisions were taken from the authoritative books of the Shafi school of law (fiqh). Of even greater interest to this book is the diversity of the problems it addresses. The author in his legal opinions answers questions related to the ritual practice of Muslims, issues of trade, as well as issues of property law, while some fatwas answer questions of Muslim dogma.

An Assessment of the Notions of Women’s Immovable Property Rights in Ethiopia in light of John Locke’s Theory of Property

According to John Locke’s theory of property, once the person mixes their labour with a common property then that property, be it movable or immovable, belong to that person and they can use, possess or transfer it to a third party. But things are different in Ethiopia when woman’s right to property:-specifically their rights to immovable property are concerned. According to norms and values prevalent in most parts of Ethiopia, women cannot have rights to immovable property at all. They cannot possess, use or transfer these property by any means even if they contributed or mixes their labour with these different kinds of property. These customary laws are still winning out over legal frameworks in most rural parts of Ethiopia. This is a serious problem and results in unjust system of property.

An Assessment of the Notions of Women’s Immovable Property Rights in Ethiopia in light of John Locke’s Theory of Property

According to John Locke’s theory of property, once the person mixes their labour with a common property then that property, be it movable or immovable, belong to that person and they can use, possess or transfer it to a third party. But things are different in Ethiopia when woman’s right to property:-specifically their rights to immovable property are concerned. According to norms and values prevalent in most parts of Ethiopia, women cannot have rights to immovable property at all. They cannot possess, use or transfer these property by any means even if they contributed or mixes their labour with these different kinds of property. These customary laws are still winning out over legal frameworks in most rural parts of Ethiopia. This is a serious problem and results in unjust system of property.

Assets Position in Mixed Marriage Reviewed from Law No. 16 of 2019

The purpose of this study is to determine the position of marital property in mixed marriages in terms of the provisions of the Marriage Law NO. 16 of 2019, and what are the provisions of the marital property of a foreign citizen who marries in Indonesia with an Indonesian citizen. The results of the study indicate that property acquired during marriage becomes joint property, but the law does not distinguish what kinds of property can be qualified as joint property. The provisions on assets in mixed marriages with different nationalities, namely between a foreign citizen and an Indonesian citizen, are regulated according to the law in force in Indonesia. Likewise, regarding joint assets obtained by husband and wife in marriages of different nationalities.

Irregular Hodge Numbers for Rigid G2-Connections

Abstract Certain rigid irregular $G_2$-connections constructed by the 1st-named author are related via pullbacks along a finite covering and Fourier transform to rigid local systems on a punctured projective line. This kind of property was first observed by Katz for hypergeometric connections and used by Sabbah and Yu to compute irregular Hodge filtrations for hypergeometric connections. This strategy can also be applied to the aforementioned $G_2$-connections and we compute jumping indices and dimensions for their irregular Hodge filtrations.

Intersectional relations between executive law and civil law of Ukraine

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

What a Monster!

The water industry is working to improve communications by focusing on messaging that enhances public confidence in our water systems, yet it often seems like an uphill battle. While safe, reliable water supplies are available to a great majority in North America, it's understood that there are still some systems that struggle. But while these communities and governments have a lot of work to do to, the approach of broadly attacking tap water doesn't help those struggling systems, and only harms the overall perception of a sector that is pretty successful. As a recent example, the US federal government proposed efforts to ensure clean, safe drinking water for all communities by replacing the nation's lead pipes and service lines and upgrading its water systems. This mission is fantastic and commendable—I just wish the administration didn't start their messaging by broadly stating, “Across the country, pipes and treatment plants are aging and polluted drinking water is endangering public health.” The message starts off focusing correctly on the assets that need to be better managed, but it leaves out the crucial connection to the policies behind them, jumping right to an image of a drinking water monster that's threatening the public. But where water infrastructure is made into a monster like this, I think the unfortunate victim is our broader perception of safe drinking water. Bad water services are monstrous, but the water itself is more like Dr. Frankenstein's creation, innocent to start but suffering from another's decisions and actions. In fact, in this famous story by Mary Shelley, the “monster” laments, “Of my creation and creator I was absolutely ignorant, but I knew that I possessed no money, no friends, no kind of property. I was, besides, endued with a figure hideously deformed and loathsome. . . .” We can't shy away from our challenges, and while struggling water systems need support to ensure they're not making “monsters,” we also need to better communicate our industry's strengths and successes. It takes great talent and accountability to make a water system work well, but it also takes great talent to strengthen a community's connection to its water and the systems behind the services. Vilifying water won't stop any time soon, so in addition to helping every system succeed, water professionals must ensure the public knows its water is safe so that no one sees a water monster when they open their tap. This issue of Journal AWWA features an interview with the A.P. Black Research Award winner Dr. Issam Najm, with additional feature articles spotlighting bench-scale, pilot-scale, and full-scale research. Please consider sharing your perspectives and experiences with water professionals across the globe by writing me at journaleditor@awwa.org.

Accessing heat: Environmental stigma and ‘porous’ infrastructural configurations in Ulaanbaatar

This article explores the experience of living among diverse infrastructural configurations in Ulaanbaatar, Mongolia, and forms of stigmatisation that arise as a result. In this capital city that experiences extremely cold winters, the provision of heat is a seasonal necessity. Following a history of socialist-era, centrally provided heating, Ulaanbaatar is now made up of a core area of apartments and other buildings undergoing increased expansion, surrounded by vast areas of fenced land plots ( ger districts) not connected to centrally provided heating. In these areas, residents have historically heated their homes through burning coal, a technique that has resulted in seasonal air pollution. Expanding out from Wacquant’s definition of territorial stigmatisation, this article discusses the links between heat generation, air pollution and environmental stigmatisation arising from residents’ association with or proximity to the effects of heat generation and/or infrastructural lack. This type of stigma complexifies the normative divide between the city’s two main built areas. Residents’ attempts to mitigate forms of building and infrastructural ‘quality’ or chanar (in Mongolian) form ways of negotiating their position as they seek different kinds of property. Here, not only are bodies vulnerable to forms of pollution (both air and otherwise), but also buildings and infrastructure are vulnerable to disrepair. Residents’ assessments of infrastructural and building quality move beyond any categorisation of them being a clear ‘resistance’ to deteriorating infrastructural conditions. Instead, an ethnographic lens that positions the viewpoint of the city through these residential experiences reveals a reconceptualisation of the city that challenges infrastructurally determined normative assumptions.

Features of Inheritance of Cryptocurrency Assets

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

Правова держава й трансформації власності

Purpose. The author seeks to investigate what kinds of property are acquired in the modern constitutional state. Modern society is difficult formation. Its development depends on the development of many components. The development of modern society is the result of development of political, legal, economic subsystems of society in the general understanding. A considerable role in this development is played by property. The article is devoted to the problem of the property and constitutional state. The phenomenon of the property presentation philosophical category of property. The property is important factor of development society and freedom of human. The main taskis researching of property, approaching to essence of this phenomenon. Methodology. The methodological basis of scientific search is a set of philosophical and philosophical principles of scientific knowledge, methodological approaches, general methods of thinking, philosophical and general scientific methods, the use of which provided the validity and reliability of the results of the study of basic values. Research methods are predefined by his character. Dialectical and system-structural methods, methods of logic, are used in the article foremost. The scientific novelty of the study is that it examines the specific links in the interaction between constitutional state and forms of ownership. Conclusions. The article analyzes the main conceptual approaches to understanding the nature of the property as a philosophical category. The author examines the most popular philosophical concept on property issues and their impact on the formation of public relations in the economic, social, legal, political and state of sence. Keywords: constitutional state; private property; philosophical category of property; property; ownership; intellectual property.

Assessing the Risk of Natural Disaster-Induced Losses to Tunnel-Construction Projects Using Empirical Financial-Loss Data from South Korea

Tunnel construction, a common byproduct of rapid economic growth and transportation-system development, carries inherent risks to life and various kinds of property that operations and management professionals must take into account. Due to various and complicated geological conditions, tunnel construction projects can produce unexpected collapses, landslides, avalanches, and water-related hazards. Moreover, damage from such events can be intensified by other factors, including geological hazards caused by natural disasters, such as heavy rainfall and earthquakes, resulting in huge social, economic, and environmental losses. Therefore, the present research conducted multiple linear regression analyses on financial-loss data arising from tunnel construction in Korea to develop a novel tunnel-focused method of natural-hazard risk assessment. More specifically, the total insured value and actual value of damage to 277 tunnel-construction projects were utilized to identify significant natural-disaster indicators linked to unexpected construction-budget overruns and construction-scheduling delays. Damage ratios (i.e., actual losses over total insured project value) were used as objective, quantitative indices of the extent of damage that can be usefully applied irrespective of project size. Natural-hazard impact data—specifically wind speed, rainfall, and flood occurrences—were applied as the independent variables in the regression model. In the regression model, maximum wind speed was found to be correlated with tunnel projects’ financial losses across all three of the natural-hazard indicators. The present research results can serve as important baseline references for natural disaster-related risk assessments of tunnel-construction projects, and thus serve the wider purpose of balanced and sustainable development.

Distinguishing Different Kinds of Property in Patents and Copyrights

Academic debates over intellectual property as “property” seem to assume only one kind of property. Based on original historical research, this Article shows that different kinds of property have accreted over time in at least patents and copyrights. A fundamental right to keep ideas, expressions, and inventions private established a natural law property-type right from Greco-Roman times. Statutory regimes akin to regulatory property designed to encourage creators and inventors to make their works available to the public emerged during the medieval and Renaissance periods. Copies embodying copyrighted expression or patented invention were considered part of those exclusive rights during much of the Enlightenment before being deemed to have their own individual chattel property title. And finally, contracts conveying copyright or patent rights have their own property attributes. This Article argues that understanding the different kinds of natural and regulatory property in intellectual property will help IP skeptics and proponents bridge the acrimonious gap between them.

Fiduciary management of a social media account

Abstract This article analyzes the concept and legal nature of social media accounts to explore whether these can become the object of fiduciary management. It examines the essence of a social media account and reveals the possibility of equating it to a kind of property. The article focuses on the possibility of inheriting a social media account. This takes into account approaches in various countries to the problem of determination of the post-mortem fate of digital assets, which shows a unified tendency to consider social media accounts as part of the estate transferred to the heir. The legal requirements on fiduciary management of a social media account considering its specifications are revealed.

Property and “Nuda Potestas” as Constitutions of Reinach’s Philosophy of Law

This contribution centers on the notions of property and nuda potestas in Reinach’s philosophy of law. I aim to demonstrate how both terms ground an important part of Reinach’s understanding of a priori condition for civil rights. Consequently, I assess the principle of property with a comparison to Luis de Molina, since he shows in his De Iustitia et Iure how dominium and rights justify some forms of property (lay and ecclesiastical) and political power (Molina 1659, disp2 n1; Kaufmann 2014, 129). Hence, the right of the person is discussed by following the potestas. In Die apriorischen Grundlagen des bürgerlichen Rechtes, Reinach implicitly refers to the nuda potestas, which is a kind of power that can be applied only formally and not in fact to something else and for that reason, it can only be caught a priori, since acts are performed by another person within it. This is the reason why the rights of a person can be divided between more people, and it is at first just a kind of property, which can be exercised upon the individual. Consequently, I divide my contribution as follows. First, in considering the social act, I show how its characteristics of Anspruch and Verbindlichkeit result from the commitment that human beings make to one another. In doing this, I discuss the particular condition of slavery through which it is possible to find the property and the nuda potestas since there is no enjoyment of the good to which it refers. Second, I apply both concepts by showing a parallel with Luis de Molina. This comes about in consideration of the case of dominium, in which absolute rights can be ascribed to their relative claim. Third and finally, I offer a critique of Reinach, in which I show how absolute rights and relative claims cannot be assimilated.

Власність і держава в контексті філософсько-правового осмислення

Purpose. The author seeks to investigate what kinds of property are acquired in the modern state. Modern society is difficult formation. Its development depends on the development of many components. The development of modern society is the result of development of political, legal, economic subsystems of society in the general understanding. A considerable role in this development is played by property. The article is devoted to the problem of the property and state. The phenomenon of the property presentation philosophical category of property. The property is important factor of development society and freedom of human. The main task is researching of property, approaching to essence of this phenomenon. Methodology. Research methods are predefined by his character. Dialectical and system-structural methods, methods of logic, are used in the article foremost. Scientific novelty. Analyzing the property and state on the way of its genesis, development and becoming in the theoretical inheritance of philosophy, gives the analysis of multilevel of private property, as a philosophical category’s. Expedient will be marked that all patterns of ownership are analyzed in general through the prism of the private property. The basis of individual rights lies in the property. The property is not merely material acquisition – it is central to an individual’s assertion of identity and personality. The system of the private property establishes individuality and personality through contract and exchange. Contract establishes ownership through institutionalized norms of mutual respect of individual rights and obligations. Conclusions. The article analyzes the main conceptual approaches to understanding the nature of the property as a philosophical category. The author examines the most popular philosophical concept on property issues and their impact on the formation of public relations in the economic, social, legal, political and state of since. Keywords: state; private property; philosophical category of property; property; ownership; human freedom; evolution.

Klasik Hanefî Faiz Teorisinin Günümüzde Geçerliliği Sorunu: Kağıt Paraların ve Sanayi Ürünlerinin Kendi Cinsleriyle Mübadelesinde Fazlalık Faizi

Klasik dönemde hakim olan faiz teorileri günümüzde aynen tatbik edildiklerinde, kağıt paraların ya da bir çok sanayi ürününün kendi cinsleriyle mübadelesinde eşitliğe riayet edilmesi gerekmediği sonucu açığa çıkmaktadır. Sözgelimi, fazlalık faizinde bedeller arasında cins birliği yanında keylîlik ya da veznîlik birliği aranan teoriye göre, keylî ya da veznî olmayan kağıt paralar ve bir çok sanayi ürünü fazlalık faizinin konusu değildirler. Bedellerin yiyecek maddesi, altın ya da gümüş olmasını şart koşan diğer hakim faiz teorisi esas alındığında da aynı sonuçla karşılaşılmaktadır. Buna karşılık, günümüzde kağıt paraların ve birbirine eşit olarak üretilen sanayi ürünlerinin kendi cinsleriyle mübadelelerinde eşitliğin mutlaka şart koşulması gerektiği düşüncesiyle çağdaş İslam Hukukçuları, çoğunlukla, faiz yasağının kapsamını yeni bir faiz teorisi ortaya koyarak genişletme eğilimi içerisindedirler. Bu nedenle çağdaş dönemde, klasik dönemde hakim olduğu belirtilen teoriler yerine, her türlü paranın ve her türlü mislî malın kendi cinsleriyle mübadelelerinde eşitliğe riayet edilmesini gerektiren yeni bir teori yaygınlık kazanmaya başlamıştır. Sözü edilen durum, aynı zamanda klasik teorilerin günümüzde geçerliliğini sürdürüp sürdürmediği sorununu açığa çıkarmaktadır. Bu araştırmada, gerçekte kağıt paraları ve tüm sanayi ürünlerini kapsayan bir genişlikte olduğu gerekçesiyle, Hanefî faiz teorisi bakımından günümüzde herhangi bir geçerlilik sorununun bulunmadığı gösterilmek istenilmektedir.