Ownership Of Objects Research Articles

Copyright Law Regulatory Framework for NFT collections Transactions: Origins, Controversies and Approach Exploration

NFT collections are the result of the convergence of blockchain and smart contract technology with a specific digital content, comprising a technology layer and a content layer. The fundamental aspect of NFT collections is the usufructuary right to the digital content. The aforementioned digital content is copyrightable, which may in turn result in the trading of NFT collections being subject to copyright laws. The sale and transfer of collections can be considered to exist along three distinct appraoches of regulation: the right of distribution, the right of communication through information network, and non-infringement. It can be argued that collections are not objects of ownership. Thus, the nature of their usufruct does not unduly interfere with the proprietary style of copyright. Consequently, it could be proposed that the sale and transfer of collections cannot be subject to distribution rights regulation, either directly or by analogy. The approach of non-infringement presents significant systemic challenges in the context of legal application and fails to address the need for formalization of industry development. The sale and transfer are consistent with the constituent elements of the act communication through information network and can effectively overcome the inherent disadvantages of the aforementioned path. Therefore, it should be adopted. With regard to the additional burden of authorization created by the approach, the industry can achieve relief through the introduction of industry self-regulatory conventions or guidelines, and so on.

Outer space (cosmic) private law

The article presents the relevant results of an analysis of the process of regulating private space activities. At the same time, the separate focus is on the development of space law and the main problems that currently exist in space law, including those related to the confrontation between public space law and private space law, for example: regulation of space traffic; determination of ownership of objects obtained as a result of space activities; mining and other aspects of commercialization of space activities. Additionally, a list of the main legal tasks in private space activities that require an early solution is identified, and the steps that have already been taken in this direction are described, namely, new variants of terminology, interpretation, and classification of objects and subjects of space activities, space law, and space legal relations as well as a new theory for determining the legal status of outer space are proposed. In the final analysis, it was concluded that it is necessary to continue research in further formation and improvement of the elements, interpretations, and structure of Space Private Law. To this end, the author proposed an option for further scientific research on the formation of the structure of Space Private Law based on the establishment and definition of the basic principles, concepts, and elements of such law. At the same time, the author identified the main goals, objectives, object, and subject of such research, and also, preliminary, determined the research methodology that is vital to obtain the most effective scientific results. According to the author, the results of the study on the formation of the structure of Space Private Law will be base for future foundations for regulating private space activities and preventing many legal conflicts.

AI-Generated Object: Is it a ‘Work’ and Who Owns it?

The evolution of generative AI and the popularity of diffusion models have opened up new opportunities for creativity, but have also raised several legal challenges in the field of copyright. This concerns both the use of copyrighted works in databases for training algorithms and the legal protection of the generated results. The generation of new text, video, audio objects, software codes, and synthetic data is directly connected to the legal terminology, such as ‘author’, ‘work’, ‘originality’ and ‘copyright protection’. In practice, questions arise as to whether AI-generated creations meet the requirements of originality, who should be considered as the author of such an object, and so on.Therefore, the aim of this article is to assess the impact of the development of generative AI on today’s copyright law and to answer whether objects created by generative AI should be granted copyright protection. The paper assesses whether the objects created by generative AI are considered ‘work’ in the sense of the Lithuanian (EU) copyright law and discusses the current issues of the authorship and ownership of such objects.

Peculiarities of the alienation of the real estate object located on one’s own land plot

The article is devoted to the study of issues of legal regulation of relations related to the transfer of ownership of a plot of land in the event of acquisition of ownership of a real estate object located on it. It was established that the implementation of the principle of a single legal share of the land plot and the real estate object on it is carried out in accordance with the requirements of land and civil legislation. The need to determine the quality of priority land legal norms was noted. It was found that the legislative innovations contributed to the unification of the regulatory and legal regulation of the implementation and practical implementation of the automatic transfer of the right to a land plot when the right to a residential building, other building or structure on it is transferred. The mechanism of simultaneous transfer from the expropriator (previous owner) to the acquirer of the real estate object of ownership of the land plot on which such an object is located is analyzed. The grounds and conditions under which such a transition is possible have been clarified. In addition, the issue of legislative regulation of real estate objects, with the acquisition of ownership of which provides for the automatic transfer of ownership to the land plot on which they are located, is also disclosed. Approaches regarding the need to improve norms due to their uncertainty (contradiction) were supported. The special requirements for the contract providing for the transfer of ownership of the real estate object located on the land owned by the alienator were analyzed, the subject and essential terms of the contract were clarified, and the feasibility of improving the legal requirements on the specified issues was noted. Taking into account the analysis of the formed judicial practice, the relevant issues of the consideration of disputes related to the provision of the principle of a single legal destiny of the real estate object and the land plot on it were analyzed, the problems of independent construction, acquisition of ownership rights to it were considered. Attention is focused on the issues of further improvement of land legal norms in order to ensure the effective functioning of the procedure for transferring the right to a land plot in the event of acquiring the right to a real estate object located on it.

Legal Protection for Customers in Murabaha Financing Whose Land Ownership Object is Not on Behalf of Sharia Banks to Fulfill Sharia Compliance

Legal Protection for Customers in Murabaha Financing Whose Land Ownership Object is Not on Behalf of Sharia Banks to Fulfill Sharia Compliance

Тенденции и перспективы совершенствования законодательства Российской Федерации в сфере обращения с отходами недропользования

The article is devoted to the study of the current legislation establishing legal requirements in the field of waste management of subsurface use. The problems of improving the legal mechanism for handling waste generated during the construction and operation of underground structures not related to mining, the problems of handling subsurface use waste as objects of ownership, as well as problems related to the possibility of further use of by-products of oil refining are considered. Proposals have been formulated to improve the legislation of the Russian Federation in the field of waste management of subsurface use.

Redefining Ownership Under Thai Law: Is It a Right or Title?

In current Thai law, ownership is traditionally regarded as a real right applicable only to corporeal objects. An analysis of Supreme Court precedents suggests that certain intangible properties, like shares, are subject to usucapion (adverse possession), while some rights, such as copyrights and trademarks, are not. This leads to the question of which intangible objects may qualify as objects of ownership and could be acquired through usucapion. Furthermore, the paper conducts a comparative survey of ownership concepts in German and French legal systems alongside insights from Roman law articulated by the Gaius Institute. From all the connections, the author argues that ownership should be regarded not as a right but as a title and that its object can be extended to incorporeal objects that satisfy certain conditions, and this will have important implications for explaining why some types of incorporeal property, such as shares, may be acquired through usucapion but that others, such as intellectual property rights, cannot.

Football club ownership and sporting ambition

ABSTRACT Purpose/Rationale This article identifies whether domestic and foreign owners of professional football clubs in England have a different propensity to gamble on sporting success by spending excessively on wages. Design/Methodology/Approach Data on wages, revenue and profit was extracted from the financial accounts of the football clubs in the Premier League and Football League from 2009–2010 to 2018–2019 to identify seasons in which the clubs gambled. In each case the ownership of the club was classified as either domestic or foreign. T-tests were performed to identify any statistically significant differences in incidents of gambling related to ownership type. Findings Foreign owners have provided more financial stability to football clubs in the Premier League, with less propensity to gamble for success, than domestic owners. Practical Implications The research shows the importance of understanding differences in ownership and the objectives of club owners at a league level for professional football clubs in England. Research Contribution The paper uses gambling as an indication of sporting ambition and provides evidence on the relative priorities of owner types to prioritise profits or sporting success. Originality/Value Neither the relationship between ownership and sporting ambition, nor between the ownership of clubs in different leagues, has previously been addressed.

Peculiarities of division of corporate rights of spouses: through the prism of the Supreme Court practice

Introduction. The paper is devoted to the study of the issue of the division of marital property, namely corporate rights, which is the least regulated at the legislative level. The purpose of the paper is to carry out further scientific research of theoretical and practical aspects of the legal regime for division of corporate rights of spouses under Ukrainian legislation. Results. The author analyzes the scientific approaches to the definition of the concept of corporate rights of spouses, and reveals the content and features of the presumption of joint property. The scientific study of the issue of the legal regime of marital property (corporate rights) offers various variations of further development of the approach to the division of marital property at the legislative and case law levels. The paper emphasizes that the property owned by a husband and wife in joint ownership and transferred to the authorized capital of a legal entity becomes the property of the latter and ceases to be the object of joint ownership of the spouses, while one of the spouses receives corporate rights and the other receives the right of claim. The author analyzes the impact of the decision of the Constitutional Court of Ukraine on private law relations, which changed the vector of development of the issue of joint marital property and its possible division. Within the framework of the issue of the legal regime of corporate rights of spouses, the author makes an excursion into the case law on this issue and traces the changes in case law regarding the possibility, procedure and object of division of corporate rights. Conclusion. The author comes to the conclusion that there is no clear legislative regulation of the legal institution of division of corporate rights of spouses, and the dynamic development of judicial practice which establishes different approaches to the practical solution of this issue.

Forest management plan pathways for non-industrial private forest owners in Norway: from acquisition to implementation

AbstractForest management plans (FMP) are key decision-support tools for forest managers and a central policy instrument in many countries. Despite its pivotal importance in forest management, there is a lack of studies that analyze the acquisition, familiarity and implementation of the FMP. These steps collectively contribute to making FMP a successful decision-support tool and forest policy instrument. We surveyed a sample representative of the population of Norwegian non-industrial private forest (NIPF) owners to quantify the importance of a broad set of factors, including ownership objectives, socio-demographic, property and information sources variables on the FMP pathway, i.e. acquisition of FMP, awareness of its content and implementation of the plans’ proposals. Applying principal component analysis on twelve ownership objectives, we found that most forest owners are multiobjective. We combined conditional classification trees and logistic regression analyses on the FMP pathway to unveil familiarity and use of FMP in forest owner subgroups as well as individual drivers. The results indicate that 37% of Norwegian NIPF owners have a FMP. Among the owners having FMP, 66% have good knowledge of its content and 40% implement its proposals. The strongest variables to predict FMP familiarity and use were previous harvests, productive area, advice about forestry from the public management, knowledge of public support schemes for forestry and perceived relevance of the FMP. We conclude that FMP suppliers, consultants, forestry bureaucracy and policy-makers should emphasize information dissemination and relevance of the FMP to increase its success as a decision-support tool and forest policy instrument.

Non-fungible tokens (NFTs) in healthcare: a thematic analysis and research agenda.

In the big data era, where corporations commodify health data, non-fungible tokens (NFTs) present a transformative avenue for patient empowerment and control. NFTs are unique digital assets on the blockchain, representing ownership of digital objects, including health data. By minting their data as NFTs, patients can track access, monetize its use, and build secure, private health information systems. However, research on NFTs in healthcare is in its infancy, warranting a comprehensive review. This study conducted a systematic literature review and thematic analysis of NFTs in healthcare to identify use cases, design models, and key challenges. Five multidisciplinary research databases (Scopus, Web of Science, Google Scholar, IEEE Explore, Elsevier Science Direct) were searched. The approach involved four stages: paper collection, inclusion/exclusion criteria application, screening, full-text reading, and quality assessment. A classification and coding framework was employed. Thematic analysis followed six steps: data familiarization, initial code generation, theme searching, theme review, theme definition/naming, and report production. Analysis of 19 selected papers revealed three primary use cases: patient-centric data management, supply chain management for data provenance, and digital twin development. Notably, most solutions were prototypes or frameworks without real-world implementations. Four overarching themes emerged: data governance (ownership, tracking, privacy), data monetization (commercialization, incentivization, sharing), data protection, and data storage. The focus lies on user-controlled, private, and secure health data solutions. Additionally, data commodification is explored, with mechanisms proposed to incentivize data maintenance and sharing. NFTs are also suggested for tracking medical products in supply chains, ensuring data integrity and provenance. Ethereum and similar platforms dominate NFT minting, while compact NFT storage options are being explored for faster data access. NFTs offer significant potential for secure, traceable, decentralized healthcare data exchange systems. However, challenges exist, including dependence on blockchain, interoperability issues, and associated costs. The review identified research gaps, such as developing dual ownership models and data pricing strategies. Building an open standard for interoperability and adoption is crucial. The scalability, security, and privacy of NFT-backed healthcare applications require further investigation. Thus, this study proposes a research agenda for adopting NFTs in healthcare, focusing on governance, storage models, and perceptions.

Non-fungible tokens, tokenization, and ownership

The emergence of non-fungible tokens (NFTs) in the blockchain environment has prompted many intriguing questions for private law scholars around the world. A question as basic as whether NFTs can be owned has proven difficult in many countries. This is the first research question of our article, which focuses on NFTs created in the Ethereum system by utilizing standard ERC-721. Because these NFTs are identifiable and distinguishable from all other tokens, the notion of owning an NFT is not unthinkable. Yet no universal answer can be offered. Whether NFTs qualify as objects of ownership must be studied at the level of individual legal systems. We argue that NFTs can be owned under Finnish law, with the same probably applying to many other legal systems. Starting with this notion, we pose two further research questions. As the second research question, we ask what problems of a patrimonial law nature may arise in attempts to connect different kinds of rights, even irrevocably, to owning or holding an NFT. Creditor rights seem relatively easy in this respect because most legal systems allow prospective debtors to obligate themselves as they wish. We also study whether a limited liability company could issue an NFT as a share certificate with legal effects corresponding to those of a physical (paper) share certificate. While an affirmative answer could be justified in some legal systems, Finnish law makes it difficult to tokenize a company's shares other than in the framework of a settlement system within the meaning of the European Union's DLT Pilot Regulation. Even greater difficulties arise in attempts to connect the ownership of a (material) thing and of an NFT so that a person who owns a token also owns the thing. Our third and final research question addresses tokenization of digital art, which gives rise to some special questions. We ask what rights the transferee of an NFT can receive in connection with tokenization of digital art. Here, our main finding is that digital art can be meaningfully tokenized even though digital copies are not regarded as possible objects of ownership.

Restitution of material objects and indigenous ontology: towards coloniality of dispossession/theft in Africa

ABSTRACT Indigenous African people had mastery and ownership of material objects and land more broadly before colonialism and enslavement. Without indigenous people mastery and ownership over their material objects, indigenous progress, liberation, development, and emancipation would be elusive. This paper contends that decolonization/decoloniality is a function of abating dispossession/theft of indigenous material objects by imperialists through restitution and repossession. In fact, to forestall claims for restitution and reparations require mastery and ownership of their material objects to enable those that are colonized to assume sovereignty and autonomy. This paper theorizes coloniality as theft/dispossession as its critical framework. The underlying argument here is that theorizing coloniality as theft/dispossession makes it possible to conceive of the limitations of theories that define coloniality simplistically in terms of hierarchies, binaries, and dominance. Based on this assemblage, I frame the coloniality of theft/dispossession along the Asante (the people of Ghana) dispossessed material objects in the eras of colonialism and enslavement. The paper concludes that decolonizing ontologies by way of restitution is a necessary component of the process of reversing colonial/imperial theft/dispossession of objects for which they should be compensated as part of the process of decolonization rather than erroneous conceptualization of decolonization in terms of hierarchy, oppression, and binaries.

The Legal Nature of Emission Rights – International Experience and Vietnamese Law

The carbon emission rights market effectively controls emissions activities and develops the economy. The market's stability will depend on determining the legal nature of the objects allowed to circulate in that market. However, carbon trading markets worldwide have yet to reach a consensus in determining the legal nature of carbon emission rights. The article shows that national laws have different approaches to the legal nature of carbon emission rights in one of the following cases: (i) Just an administrative tool; (ii) Is an object of ownership, which is divided into goods or financial instruments; (iii) Is subject to ownership rights but is limited; (iv) Determined flexibly. The article reviews international experience in determining the legal nature of emission rights. Based on that, the article explores the factors determining the legal nature of carbon emission rights. Specifically, the paper determines that the right to emit carbon qualifies as an asset and should be classified as an intangible asset.

The (im)possibility of personal and industrial (machine-generated) data to be subject to property rights

Abstract Discussions surrounding the possibility of expanding the legal regime of ownership to data have been ongoing for several decades. Proponents of recognizing the right of ownership to data motivate their position by the needs of the data economy and the need to protect the interests of data subjects. However, specific properties of data cause contradictions with the concept of property rights. This paper examines data in a system of related categories, such as information and knowledge, aiming to determine their correlation and answer the question of whether personal and industrial (machine-generated) data can be objects of ownership. The category of digital data is analysed; its specific features, which make it possible to equate them with a type of property, are determined. The paper reveals correlation between concepts of digital ownership and data ownership and answers the question of why there is no room for personal and industrial data in the ownership paradigm.

LEGAL ASPECTS OF INTELLECTUAL PROPERTY AND MANAGEMENT TOOLS

This study examines the legal aspects of intellectual property (IP) and management instruments. It is demonstrated that intellectual property represents the outcome of an individual's or collective's intellectual and creative activities, encompassing defined rights to innovative inventions, creative works, trademarks, designs, and other personal intellectual assets. The primary objects and subjects of intellectual property are identified. It is clarified that, considering the objects of ownership, the property rights of individuals or legal entities manifest in both ownership of tangible property and ownership of the results of creative activities. The legal regime governing the results of an individual's or collective's intellectual creativity aligns with the legal regime of property rights and comprises the following entitlements of the owner: the right of possession, the right of use, and the right of disposal. Conceptual principles within the system of intellectual property law are proposed. It is justified that the principles of intellectual property relate to the protection of the rights of subjects regarding the results of creative activities; therefore, they should demonstrate the rule of conduct within the framework of creation, possession, use, and disposal of intellectual property. It has been determined that the most critical economic process for intellectual property subjects is commercialization, as well as effective and efficient management of intellectual property objects. It is established that managing intellectual property involves a targeted process within a complex multi-component system with multifactorial relationships in the creation, possession, use, and distribution of intellectual property objects in the relevant environment. Intellectual property management should focus on effective planning, decision-making, and control regarding intellectual property objects in the appropriate economic environment. The stages of the intellectual property management process are proposed, along with the fundamental tools necessary for ensuring effective management within the economic system.

Право на проведение оценки (определения стоимости) объектов гражданских прав

The article examines the powers of individual subjects of property and obligation rights related to their right to determine the market value of valuation objects, the rights to which are not defined by special legislation. The types of classification and forms of ownership of objects of civil rights are indicated, which can limit the right of owners of objects, other interested parties in the value to independently evaluate such objects.

Delimitation of real estates and reopening of boundary marks as geodetic-legal procedures to establish the extent of property rights on land

Ownership is the strongest and fullest, although not unlimited, right in rem. Every owner of land desires full and undisturbed possession of his land. Sometimes, however, the boundaries of individual properties are disputed or obliterated and the owner's right to possession is threatened. Inseparably connected with the right of ownership of landed property are their legal boundaries, which, being a line materialised on the ground, separate them from each other, delimiting the extent of the right of ownership in relation to neighbouring properties. It follows from the definition of the landed property contained in Article 46 1 of the Civil Code that the legal boundary of a property is not an abstract concept, as it separates the property from its surroundings as an object of separate ownership. The realisation of boundaries on the ground is achieved through delimitation proceedings, and if previously established boundaries are obliterated or moved, it is necessary to reopen boundary marks. The stability of the legal boundaries of a property promotes certainty not only for the owners, but also for real estate transactions. The aim of this article is to analyse the institutions of property delimitation and the reopening of boundary marks from the point of view of their function – to provide landowners with certainty and stability as to their property rights and to define the criterion distinguishing the geodetic-legal procedures in question.

Barking up the wrong tree? - A guide to forest owner typology methods

Creating typologies of forest owners is a common approach for analyzing and understanding heterogeneity in responses to forest policies and management practice uptake. While many forest owner typologies have been developed, only a few quantitative methods dominate the field with little information on how methodological choice affects outcomes. In this study we compare five methods for quantitative typology formation and ask what type of information each method provides, and to which degree the methods complement each other. Empirically we use data from a survey conducted in 2014–2015 about Swedish forest owner's objectives, attitudes, and factors of decision-making. The results show that individual forest owners are assigned to different clusters by the compared methods, and how each method highlights different aspects of forest owner characteristics. The study shows the importance of method selection as it influences how we can describe and interpret forest owners in connection to policy adoption, uptake of practices, and environmental awareness. We conclude by providing basis for a methodological guidance on how to make judgments when selecting method(s) to typology formation based on research purpose and approach.

THE PLACE OF ANIMALS IN THE SYSTEM OF PROPERTY RIGHTS

The article provides a general analysis of regulatory legal acts and scientific literature that consolidate the specifics of the legal regime of animals, including on the basis of an analysis conducted taking into account international experience. Topical issues of responsibility in the handling, use and maintenance of animals are considered. Special attention is also paid to the analysis of the place of animals in the system of objects of civil law. The issue of animal ownership is insufficiently developed and complex, and therefore legal conflicts often arise in society. The form of ownership from the "animal world" to the category of other animals has been clarified. In society, most owners forget that when dealing with animals, there is a moral principle enshrined in civil legislation, animals must be treated with great responsibility. Currently, numerous violations are allowed that cause great harm to animals. The authors raise the issue of the lack of a unified approach to the classification of animals in the current legislation and scientific literature. In the matter of defining the concept of animals, it is necessary to have a general understanding that the object of animal ownership is not an inanimate object. To regulate the legal status of animals in the Civil Code, their processing is being updated and modernized, changes are required to ensure its compliance with the needs of society. As well as amendments and additions to the national legislation, including taking into account the specific features associated with additional requirements for handling, use and keeping of animals, it is proposed to introduce a special chapter on objects of property rights into the Civil Code of the Republic of Kazakhstan.