Limited Property Rights Research Articles

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The article analyses the right of access: the right of passage and the right of connection (flow) of resources. It is hypothesised that the right of access is not a separate subjective right but an entitlement, i.e. an element of the title under which real estate is used, which allows the right of access to be classified, along with mutual rights (permissible emmission rights), as a category of neighbour’s rights. Since the right of access follows from the very title to one’s property, it does not require the establishment of a limited property right over another’s property. The category of access rights is distinguished from related legal constructs involving interaction with others’ property: on one hand, behavioural possibilities provided by public law, which do not imply any subjective rights (such as public easements); on the other hand, limited property rights, which are independent subjective rights. It is proposed to distinguish easements from the right of access based on the origin, derived from the level of satisfied needs. Neighbour’s access rights are intended to meet the needs of the right holder without which their right would become nominal, therefore the right of access should not require any additional procedures (obtaining consent or a court decision, which would leave the right nominal during the waiting period). The right of access stems from the title but may be expressed by the law as the limits of ownership rights to neighbouring real estate (pre-revolutionary Russia, Germany). An easement as a subjective property right is proposed to be viewed as an adaptation of legal relations to the interests of specific neighbours, shifting the boundary of what is permissible by law towards greater (easement of convenience) or lesser (negative easement) impact.

Elite persistence in Sierra Leone: What can names tell us?

Is elite persistence weaker in Africa than in other parts of the world, given historical barriers to intergenerational inheritance of status, such as limited private property rights and frequent economic and political crises? In the absence of linked intergenerational data, we use name analysis to address this question. Using surnames associated with two Sierra Leonean elites, Krio descendants of settlers and members of chiefly lineages, we measure elite persistence in politics, education and business since 1960. Both groups were highly overrepresented in elite positions at independence, and remain overrepresented today. Benchmarking our results against other countries shows that Sierra Leone's educational elites are as persistent as elsewhere, but elite persistence in the political sphere is lower than in the United Kingdom, our main comparator. We also show marked path dependence: chiefly descendants remain more overrepresented in politics and mining, while the Krio are highly over-represented in education and the professions.

Legal regime of a share in the charter capital of a limited liability company

Based on the analysis of Ukrainian legislation and legal doctrine, the article examines the legal regime of a share in the authorised capital of a limited liability company. The necessity of considering a share in the authorized capital in two senses is substantiated: economic and legal. According to the first meaning, such a share expresses a part of the value of the company’s property and gives a person the opportunity to dispose of the company's capital (assets). However, from a legal point of view, there is an insurmountable obstacle to this understanding – the status of a limited liability company as an independent participant in civil relations, which owns such property, and property separation is one of the features that characterises it. The opinion that a share in the authorised capital of a limited liability company does not coincide with the concepts of “corporate rights” or “property rights” is supported, it is an independent tradable object, but with a specific legal regime, in particular, it cannot be the object of other limited property rights, but it is such a share (and not corporate rights) that can be the object of property rights. It has been proved that: 1) the legal nature of a share should be characterised through the legal nature of the powers of a limited liability company participant; 2) such powers constitute a single and indivisible set of corporate rights which are recognised as a separate category of rights, along with obligatory and property rights; 3) the legal nature of corporate rights is of a comprehensive nature, which primarily consists of a combination of the principles of absoluteness and relativity; 4) the definition of a share only through the shareholder's rights is not justified, since the shareholder's rights are inextricably linked to his/her obligations; 5) a share as an object of civil rights is “other property”, not “property rights”.

Обмежені речові права на земельні ділянки сільськогосподарського призначення: стан і перспективи

The article is dedicated to the realization of limited property rights to agricultural land plots. The author thoroughly examines the regulatory and legal framework of this issue and its doctrinal elaboration. The problematic aspects related to the realization of limited property rights are highlighted. It is noted that the current legislation lacks a clear definition of “limited property rights,” but such a concept may emerge during the update of civil legislation. The scientific literature presents a moderate view on the legal nature of limited property rights, necessitating a summary of different perspectives. The author’s proactive proposals for amending the current legislation are a significant step towards eliminating the existing gaps and ensuring legal certainty in the regulation of the relevant relations. The author also establishes that in today’s environment, the variability of property rights in terms of their content comes to the fore, which calls into question the absolute nature of these rights. This circumstance necessitates a study of an actual contract or a dispositive transaction, given that they (these rights) may be the objects of such contracts or transactions, and this requires the development of a universal contractual basis for the establishment of property rights. It is proposed that within the framework of recodification of civil legislation and considering the peculiarities of the national legal system and the specifics of national legislation, it is possible to consider the introduction of such a structure since this will ensure an inevitable unification of national legislation with EU legislation. In this study, the author used legal analysis and synthesis, systemic and structural, and comparative legal and formal logical methods to analyse the relevant legislation and doctrine and propose amendments to civil legislation. Keywords: freedom of will of the parties to the employment contract; change of employment contract, employee, employer, labor relations, work, labor contract, parties of labor contract, transfer, transfer, change of essential working conditions, right to work.

Косвенный вещный иск — возможно ли?

the legislation does not provide for the right of the owner to apply to the court with a claim for the protection of the rights of the subject of limited property rights. However, an explanation of this is contained in paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of 29.04.2010. Such an explanation actually gives the vindication claim of the owner the features of an indirect claim. However, the approach does not find a dogmatic justification, because the presentation by the owner of a claim in defense of the subject of limited property rights, in whose favor the award is made, is at odds with the principles of exercising civil rights by his will and in his interest and the inadmissibility of interference by anyone in private affairs. Unitary enterprises and institutions as subjects of limited property rights are able to independently protect their rights. The owner, after taking possession of the property from the illegal owner, is able to transfer this property to the subject of limited property rights., in connection with which the specified explanation of p. 7 The Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of 29.04.2010 is not only contradictory, but also inappropriate.

Access to garden-plots with reference to the Model Law of the CIS Member States

The paper is dedicated to the analysis of the Appellate decision of the Leningrad Regional Court dated August 11, 2021, No. 33-3839/2021 in which the court concluded that the residents of the garden village have rights to access to individual land plots on the basis of an easement type encumbrance established in relation to the roads of the village as a result of the division of the original land plot. In support of its position the court refers, among other, to the Model Law “On Limited Property Rights”, approved on November 27, 2015, by the Inter-Parliamentary Assembly of the CIS Member States. At the same time the case is remarkable not only for its reference to the Model Law, but also for the fact that in its resolution a commendable attempt was made to find answers to questions about the allowability (non-allowability) of the alienation of general purpose land plots in garden villages and gated communities separately from individual land plots in these villages and communities; for the qualification of the restriction established by a cadastral engineer in the process of dividing a land plot and displayed as a special note in the Unified State Register of Real Estate. In addition the case allows to reflect on the allowability of using Model Laws to resolve cases in Russian courts; on the presence (absence) of provisions on so-called “legal easements” in the Federal Law of July 29, 2017, No. 217-FZ “On Gardening and Horticulture by Citizens for Their Own Needs and on Amendments to Certain Legislative Acts of the Russian Federation”; on the possibility to establish a “private” easement in relation to one’s property, including the process of dividing one’s land plot; on the most effective ways to protect owners of individual land plots in garden villages and gated communities in the events of conflicts with owners of general purpose land plots in these villages and communities.

The challenges facing widows in African contexts: A literature review

Widowhood in Africa presents unique challenges for women due to cultural and social factors. This paper discusses the challenges of widowhood in African contexts with a view that various social, cultural, legal, financial, and economic issues are at the centre of the challenges widows face in Africa. A thematic literature review was used to examine the multifaceted challenges faced by widows in African societies. Findings show that widows in Africa face multiple challenges, including limited healthcare access, property rights, social support, and harmful traditional practices, impacting their well-being across various dimensions. Cultural attitudes, legal barriers, resource constraints, limited awareness, and the complex interplay of these factors hinder effective interventions. The literature review also found that changing cultural norms, improving access to education and economic opportunities, and strengthening social protection systems are crucial steps towards creating a more inclusive and equitable society for widows. The paper concludes that comprehensive and coordinated strategies are necessary to address these multifaceted challenges, including legal reforms, economic empowerment, awareness campaigns, and the provision of essential resources. Further, collaborative implementation of these strategies can promote gender equality, reduce poverty, and enhance the lives of widows in African countries. Further, there is a need for the urgency of comprehensive interventions and support systems to alleviate the hardships faced by widows in African societies.

Soviet Legacy of Vietnam's Intellectual Property Law: Big Brother is (No Longer) Watching You

AbstractHow did intellectual property (IP), a private right born out of European Enlightenment ideals, take root in Vietnam's socialist legal framework, and what influence does Vietnam's Soviet legacy still have on its IP law? The clandestine triumph of IP rights in Vietnam is remarkable, given the system's former propensity for collective ownership and limited private property rights. Vietnam's approach to IP rights has changed with economic liberalisation: while external pressure prompted the initial adoption of IP laws, national interest and global reputation enhancement are now driving the effort. At the height of communism in the 1980s and under Soviet domination, IP laws reflected socialist ideology and the characteristics of a command economy. Amid Vietnam's quest for technological advancement, the importance of patents has grown. However, public perceptions of the unreliability of the legal system to resolve IP disputes persist, pushing civil disputes towards the government rather than the judiciary. As Vietnam opened economically, its IP regime moved away from overt communism, but communist values are still implicitly incorporated in general principles. Today, adherence to free trade agreements, which require robust IP protection, is driving the modernisation of Vietnam's IP infrastructure.

ISSUES OF DETERMINING THE COMPOSITION OF PARTICIPANTS OF JOINT HOUSE OWNERSHIP IN THE REPUBLIC OF BELARUS AND PARTICIPANTS OF A CONDOMINIUM IN THE REPUBLIC OF KAZAKHSTAN

This scientific article presents a comparative legal study of the concepts of "participants of joint household ownership" in the Republic of Belarus and "participants of a condominium" in the Republic of Kazakhstan, determines their relationship with persons who are obliged to pay for housing and communal and other services in the considered legal relationship. The methodological basis of this work is a combination of general scientific and special legal methods of cognition. The scientific approaches presented in the article testify to the importance of an unambiguous definition in the legislation of the subjects of legal relations that develop in multi-apartment residential buildings. In addition to the owners of premises, apartments or other premises (including non-residential) in multi-apartment buildings may belong to legal entities owning property on limited rights in rem. In the Republic of Belarus, as well as in the Republic of Kazakhstan, the limited property rights of legal entities are the right of economic management and the right of operational management. At the same time, Belarusian legislation does not classify such entities as participants in joint home ownership, which occurs in multi-apartment residential buildings, which creates problems in the distribution of costs in managing the common property of joint household ownership, which are often assigned to the owners of premises (residential or non-residential). The judicial practice of the Republic of Belarus, analyzed in the article, testifies to examples of different application of the legislation on joint household ownership. On the basis of the study presented in this article, the author comes to the conclusion that it is necessary to improve the legislation of the Republic of Belarus, which regulates legal relations on joint home ownership, in terms of clarifying the entities that are obliged to pay the costs of maintaining the common property of joint home ownership

Women's Motivation for Joining the Maoist Movement in Nepal: A Study of Ex-PLA Participants in Janaki Rural Municipality, Kailali

This research aims to investigate the motivations of women for joining the Maoist movement and strives to challenge outdated beliefs about women's issues. It delves into their socio-cultural, economic, and educational backgrounds, as well as their pursuit of gender equality, leadership, and self-worth while working alongside men on equal terms. The study focuses on 15 Ex-PLA women in Janaki Rural Municipality, employing a purposive sampling method and an anthropological approach involving interviews and observations. The research unravels the challenges in analyzing female participants' experiences and opinions, considering the sensitivity and confidentiality of the subject matter and the cautious approach to human rights and privacy. The discussion reveals the deeply entrenched patriarchal system in Nepal, which has historically relegated women to a subordinate position and deprived them of power and knowledge creation. Despite legislative measures granting women citizenship and some representation, informal barriers and societal attitudes continue to impede their progress. The study highlights various factors motivating women to join the Maoist movement in Janaki Rural Municipality, including the historical patriarchal nature of Nepal, limited property rights for women, extended male absences, the dual burden of coordinating with both Maoist and security forces, and the impact of the Kilosera-2 operation's brutality and upheaval. Ultimately, this research sheds light on the transformative potential of women when given opportunities and challenges the prevailing societal norms, offering insights into the factors driving their participation in the Maoist movement and advocating for their rights and recognition on equal footing with men.

Environmental impacts of renting rangelands: integrating remote sensing and household surveys at the parcel level

Land rental markets are growing worldwide and facilitate efficient utilization of land. However, the short duration of occupancy and limited property rights mean that rental contracts may discourage longer-term sustainable land management. Direct investigation into the relationship between land tenure and ecological outcomes has been hampered by scale-appropriate data on land tenure, resource management, and land outcomes. In this paper, we address these issues with a study design that combines participatory mapping, household surveys, and remote sensing. We analyzed these data in a multilevel statistical model, controlling for environmental and land management influences. Our results show that rented land parcels are associated with worse rangeland outcomes compared to privately held parcels. This study contributes to the literature by documenting important empirical effects of rental markets and presenting a replicable workflow for integrating earth observations and micro-level survey data, which can be adopted by researchers and practitioners in regions where land registry data is unavailable or inaccessible. The results have important implications for incentive and compensatory-based environmental policy.

Right to Private Property under Martial Law in Ukraine

In Ukraine, the inviolability of the right to private property is guaranteed by the Constitution. However, under martial law, introduced in Ukraine as a result of aggression by the Russian Federation, restrictions on private property rights and even forced alienation of property for the needs of the state are allowed. This paper aims to determine the peculiarities of the legal regulation of private property relations under the legislation of Ukraine and to study the reasons for limiting property rights under martial law in Ukraine. Furthermore, it looks into the mechanisms for restoring property rights and issues in the field of implementation and protection of property rights under martial law. Such cases of restriction of private property rights as forced alienation of property and impossibility of disposal of property under martial law are being highlighted. The article also analyzes the problems of compensation for damage caused to property in terms of the war.

The Issue of the Nature of Limited Property Rights and the Boundaries of the “Expected Right”

The purpose of the study is to determine the ratio of the powers of persons regarding objects of civil rights with limited property rights. The article touches upon the following issues: the nature of the list of real rights; the possibility of characterizing legal relations as real in the absence of an indication of them as such in the law (i. e., the scope of the concept of real rights); the ratio of “expected rights” with real rights. The research uses general scientific methods (analysis and synthesis), as well as private scientific methods (comparative legal, formal legal). The article analyzes the practice of state arbitration courts on the main problematic issues of property law, the practice of the Supreme Court of the Russian Federation, as well as doctrinal sources. The temporary nature of the expected right is emphasized: its transformation into a property right or other limited proprietary right is legally inevitable. The author asks about the place of the category of expected rights in the system of absolute and relative legal relations. In his opinion, the introduction into Russian law of the institute of preliminary registration of the right of expectation (or its equivalent) de jure will endow its owner — who is not yet the owner of the expected subjective right — with a legally protected status.

ВЛИЯНИЕ СОЦИАЛЬНО-ЭКОНОМИЧЕСКОЙ СРЕДЫ НА ТРАНСФОРМАЦИЮ ПРЕДПРИНИМАТЕЛЬСТВА

The article develops and substantiates approaches to inter-entrepreneurial relations in the socio-economic environment that affect the development of entrepreneurship. The prospects for scientific research of limited rationality, property rights, transaction costs, incentives and agreements are clarified. The scientific novelty and practical significance of the work lies in the fact that three approaches to the development of entrepreneurship have been identified and substantiated: traditional, modern and innovative, which make it possible to achieve business goals in the socio-economic environment and determine the necessary management system of the entrepreneurial structure.

Money, possessions, and ownership in the Metaverse: NFTs, cryptocurrencies, Web3 and Wild Markets

Our understandings of money, possessions, and ownership are all changing dramatically as consumption becomes digital and virtual. The Metaverse is an imagined future space where these building blocks of neoliberal production and consumption are delinked. We examine these changes through the affordances of cryptocurrencies, algorithmic collectibles, and NFTs. We seek to disambiguate these efforts at disintermediation through online auctions and speculation. We present practical implications for artists, art institutions, buyers, and investors. We theorize new forms of ownership with fractional ownership and fractionalized property rights. And we seek to understand why some consumers pay astronomical prices for digital art that includes simple and often silly artwork with limited property rights. To do so we distinguish alternate, but sometimes overlapping, buyer motivations in the wild world of crypto art as we purportedly move toward the Metaverse.

The impact of digital transformation on changing legal nature of information in digital form

The article examines the legal nature of digital information in the context of the development of the digital economy and the digitalization of public life. The author draws attention to the fact that information in digital form forms the basis for the emergence of new objects involved in turnover. Turnover, taking into account the need to meet the various needs of the individual, exists both in fact – in everyday reality and in virtual space – through information systems. In modern circulation in everyday life and the electronic environment, information can be presented in various forms. It is noted that in the conditions of rapid development of information technologies, the right to access information becomes important, and the information carrier loses its previously known importance in legal relations. In the conditions of digitalization, the division of new turnover objects into two varieties is proposed. The first group consists of objects that exist in the usual real form, but acquire an electronic form. Transformation accelerates turnover and allows us to work out optimal ways to exercise rights to such objects. The second group is formed by objects that arise and exist in virtual space within the framework of information systems. The possibilities of using such objects are determined by the level of development of information technologies. It is impossible to predict the appearance of new objects of economic value in the digital economy, and the choice of legal economy tools is not always a suitable way of law-making. Special attention is paid to information as a basis for turnover objects in the context of the theory of absolute and relative rights. The attempt to establish the ownership of information and limited property rights is analyzed, and the conclusion is made about the problematic existence of such structures. At the same time, the author shows a change in the understanding and essential meaning of information as a category in the conditions of digital transformation. It is concluded that it is necessary to develop a concept of digital information regulation.

Comparative Legal Analysis of the Possession and Property Claims

The planned introduction of thepossession and possession protection institutions at the legislative level, along with the existing institutions of proprietorship, limited property rights, and bona fide prescription possession, predetermined the need for a detailed analysis of the proposed provisions of the Draft Federal Law No. 47538-6/5 “On the Amendments to Section Two of Part One of the Civil Code of the Russian Federation” (further in the text — the Draft) and their relationship with the existing norms of civil law. The performed analysis and comparison of the norms of the Civil Code of the Russian Federation further in the text — the Civil Code) on the property rights (vindication, negatory, claim for recognition of rights) protection, bona fide prescription possession protection (claim of a bona fide prescription owner under clause 2 of Article 234 of the Civil Code) with the provisions planned for introduction into the Civil Code and possession protection (possession claim) revealed common features and differences in the constructions of the considered claims, contradictions between the provisions of the Draft and the Civil Code, gaps in the provisions of the Draft. Based on the analysis, the author proposes the following conclusions: the construction of the possessioner’s claim provides the possibility for circumventing the vindication rules by the titular owner; there is no need to consolidate the claim for the protection of the bona fide prescription possession along with the possessory action.

Limited property rights of business entities in agriculture

Limited property rights of business entities in agriculture

On the issue of guarantees provided by law for holders of limited property rights

On the issue of guarantees provided by law for holders of limited property rights

Directions of the development of judicature of the Supreme Court in cases regarding real estate in 2020 (pt II)

The article constitutes the second part of a review of judicature of the Supreme Court in 2020. It presents fundamental theses and motifs regarding the issue of real estate trade in rulings issued by the Civil Law Division of the Supreme Court, mostly concerning individual limited property rights, ownership, land registers and reprivatisation (of Warsaw lands on the basis of the Decree on Ownership and Usufruct of Land in the Area of the Capital of Warsaw of 26 October 1945). The review particularly presents the most imperative theses on the effects of joint inheritance of property by the entitled to easements, the acquisition of a quasi-transmission easement, (easement appurtenant that corresponds with transmission easement in terms of content), inter-temporal matters associated with settling mortgages, but also notions of real estate prescription.