Registration Of Ownership Research Articles

Property registration of the ownership right to the agricultural land

The paper highlights the existing legal, doctrinal, and practical state in Georgia and other countries abroad in the context of registration of ownership rights to agricultural plots by legitimate owners. Hence, the paper is a synthesis of theory and practice dealing with the social and state significance of agricultural land and voices several problems that arise in the process of recognizing the right to ownership of agricultural land plots legally owned by individuals or legal entities. In addition, it also emphasizes the reasons that lead to these problems both at the legislative and doctrinal levels. This article reviews the approach of Georgian law in terms of obtaining rights to agricultural land, especially the mechanisms of registration of property rights by legitimate owners. Historical, and comparative legal research methods used in the paper, cover the past, present, and future situation in terms of legal development of the agricultural field.

Оn the question of protection of property rights and determination of subjects of property use: analysis of judicial practice

The article highlights the method of protecting the right of ownership and determining the subjects of use on the example of the analysis of judicial practice. The interrelationship of the right of ownership and the right of use, the order of following the main thing and the accessory thing are determined. Examples of a court case in terms of the court’s determination of the right of ownership and subjects of the right of use are given. The issue of property rights is analyzed in the context of a key aspect of social relations between subjects of civil law. The provision that the state’s attitude to the issue of property rights determines the features of the ruling regime in the country and testifies to the development of civil society has been updated. The inviolability of the right to property and the level of its protection is a kind of litmus test that determines the level of democratic society and the state’s attitude to basic human and citizen rights. Thus, Part 1 of Article 4 of the Civil Code of Ukraine stipulates that every person has the right, in accordance with the procedure established by this Code, to apply to the court for the protection of his violated, unrecognized or disputed rights, freedoms or legitimate interests. According to Part 1 of Article 16 of the Civil Code of Ukraine, every person has the right to apply to the court for the protection of his personal non-property or property right and interest. According to Article 41 of the Constitution of Ukraine, everyone has the right, in particular, to own, use and dispose of their property; the right to private property is acquired in accordance with the procedure established by law; no one can be unlawfully deprived of the right to property, the right to private property is inviolable (parts one, two, four). Analysis of court practice shows that consideration and resolution of civil cases in the field of violation of property rights is complicated by the imperfection of the legal system, the need to improve and change the existing legislation in this field. It was determined that mostly people go to court due to violations related to the lack of registration of ownership rights to real estate, loss of title documents, receipt of title documents by improper entities, presence of self-acting objects in real estate.

통일 후 북한지역 부동산 권리의 공시문제

The title of this thesis is “Issues with the Registration of Real Estate Rights in North Korea after Unification”. In this paper, I reviewed the changing process of the real estate registration system and and laws related the real estate registration system in North Korea. And I reviewed the direction of integration of the real estate registration system in North Korea. The main contents are as follows. First, in order to establish a real estate registration system in North Korea, a cadastral survey must be conducted. Second, for houses, the occupants living in the house can apply for ownership preservation registration. Third, for farmland owned by a cooperative farm, members belonging to the cooperative farm can apply for registration of original ownership. Fourth, heirs of property rights confiscated by the North Korean regime cannot apply for ownership preservation registration.

What's behind the jpg? Understanding consumer adoption of non‐fungible tokens

AbstractNFTs, or non‐fungible tokens (NFTs), are a new form of ownership registration based on blockchain technology that allows digital assets to be exchanged with guarantees of ownership and originality of the artwork involved. This has boosted the trade of these assets and companies have been quick to incorporate NFTs into their marketing strategy, either with their own tokens or by collaborating with established companies in the metaverse. Building on the frameworks of the unified theory of acceptance and use of technology 2 (UTAUT2), this study contributes to the literature by analysing the determinants of individuals' adoption of NFTs through two studies. Study 1 relies on qualitative interviews with technology insiders to provide initial insights into these determinants. Study 2 tests the hypotheses developed and compares the results between non‐buyers and buyers in order to analyse the intention to purchase and repurchase NFTs. This study contributes to the UTAUT2 with two new individual‐specific variables of interest for the adoption of this type of product: social capital, and the fear of missing out. Finally, this study concludes with guidelines for companies on how they can use NFTs in their marketing campaigns.

점유취득시효가 완성된 부동산을 제3자에게 처분한 경우 점유취득시효 완성자와 원소유자의 법률관계

According to the Supreme Court of Korea, the owner who disposed of the real estate whose period of real estate ownership through possession has been completed is not liable for default to the occupant. However, claim for the Substitute is recognized. However, this is only the case when the occupant requests the transfer of ownership registration or claims that the prescription for acquisition of possession has been completed. If the owner knew or could have known such a fact and disposed of it, liability for tort is recognized.
 In this article, these Supreme Court precedents and theories about them were reviewed. The conclusion is as follows:
 A person who has completed the prescription for acquisition of possession does not have the right to claim ownership transfer registration as a creditor. The owner must only cooperate with the person who has completed the prescription for possession acquisition to acquire ownership through registration. Therefore, the owner has no liability to the occupant. If the owner disposes of the real estate, the legal relationship ends. It does not convert into damages for failure or claim for the Substitute.
 However, If the owner disposes of the real estate to prevent the occupant from registering and taking ownership, liability for tort is established.

Правовые основы применения цифровых технологий при регистрации прав на природные ресурсы

Currently, digital technologies and artificial intelligence are increasingly being used in our country to solve public administration issues. One of the tasks of public administration is to control registration activities in the registration of ownership and use rights to natural resources. The current registration procedure is characterized by time costs, paper turnover, corruption risks, and the possibility of falsification of documents. The purpose of this article is to analyze the registration process of registration of real rights to natural resources and formulate proposals for improving this process through the prism of digital transformation. In this study, we have determined that electronic registration is a positive phenomenon that solves many negative issues of the current registration process, simplifying it and making it more open and accessible; however it does not fully satisfy the current needs of society in the field of legal rights registration. The authors of the article substantiate the need to use digital technologies in the registration process through the use of the block chain process. The importance of this study lies in the fact that it formulates the idea of moving from "electronic registration" to "digital registration", with specific proposals for changing legislation in this area.

Правовые основы применения цифровых технологий при регистрации прав на природные ресурсы

Currently, digital technologies and artificial intelligence are increasingly being used in our country to solve public administration issues. One of the tasks of public administration is to control registration activities in the registration of ownership and use rights to natural resources. The current registration procedure is characterized by time costs, paper turnover, corruption risks, and the possibility of falsification of documents. The purpose of this article is to analyze the registration process of registration of real rights to natural resources and formulate proposals for improving this process through the prism of digital transformation. In this study, we have determined that electronic registration is a positive phenomenon that solves many negative issues of the current registration process, simplifying it and making it more open and accessible; however it does not fully satisfy the current needs of society in the field of legal rights registration. The authors of the article substantiate the need to use digital technologies in the registration process through the use of the block chain process. The importance of this study lies in the fact that it formulates the idea of moving from "electronic registration" to "digital registration", with specific proposals for changing legislation in this area.

Сучасні тенденції розвитку франчайзингу як бізнес-стратегії

The article is devoted to the study of features of franchising as a strategy of business development, which allows to form resource, technological, innovative, partner competitive advantages and take a stable competitive position in the market and, as the experience of developed countries shows, is a real mechanism for successful development of small business in the long term. The economic essence of the classical model of franchising and the socioeconomic conditions that determined its evolution are disclosed: changes in consumer behavior; strengthening customization and individualization trends; change in franchisee’s expectations of entrepreneurial initiative; rapid development of information and communication technologies; increase in franchisors’ costs for franchisee support; the economic crisis, which contributes to the growing popularity of budget conceptions; growing uncertainty of the external environment. Based on the systematization of the parameters of differences (the fact of brand transfer, features of the regulation of key processes, the possibility of registration of joint ownership of the franchise, standardization of external elements and assortment, as well as the specifics of the process of innovation transfer) alternative models of franchising are characterized: customized franchising of the business format, quasi-franchising and branchising. Knowledge of modern trends in the organization of entrepreneurial activity on the basis of franchising will allow entrepreneurs to choose for business the direction that is in demand at a particular point in time in a certain territory for a specific segment of consumers.

계약명의신탁에서 명의신탁자 점유의 자주점유 여부

The decision overturns the presumption that the nominal trustor's possession in a contract nominal trust is the one with the intent to own. The basis for the judgment is that the nominal trustor not only does not have ownership of the real estate, but is also not a party to the contract, so he/she cannot request the owner to transfer ownership registration, and that the nominal trustor is well aware of this fact. However, the author believes that even in the case of a contract nominal trust, the nominal trustor's possession should be presumed to be the one with the intention of ownership. The reason for this is as follows. First, the intention to own in possession refers to the purpose to actually exercise exclusive control as the owner is capable of. It is difficult to deny the nominal trustor's intention to own as a natural and factual intent. Second, the Supreme Court determines whether the intent to possess exists is determined not only by the nature of the title but also by ʻall circumstances related to possession.ʼ If the intention to possess has been expressed to the owner, it is recognized that the possession is converted to the one with the intention of ownership. If the nominal trustor expresses the owner's intention to the legal owner, the possession can be considered to have been transferred, so it is reasonable to regard the nominal trustor's possession as the one with the intention of ownership based on ʻall circumstances related to possession.ʼ Third, since contract nominal trust and tripartite nominal trust are not clearly distinguished, there is no reason to treat the nominal trustor's possession differently in the two types of nominal trusts. Fourth, it is difficult to say that there is a need to protect the seller or nominal trustee, who is the legal owner, while denying the acquisitive prescription of the nominal trustor in a contract nominal trust.

위탁자의 신탁부동산에 대한 소유권이전등기청구권

Under the collateral trust the trust property is disposed according to the terms of trust and then the party concerned has the right to claim the registration of transfer of ownership. When the settlor has a remainder, he can have the right as an beneficiary. But his right arises only if the debtor di scharges the outstanding balance on the loan to the superior beneficiaries, the creditors. The compulsory execution against this future conditional right and the provisional disposition with regard to it is possible. But the feasibility depends on whether the debtor di scharges his obligation or not. However in all the other cases the settlor does not have the right, so the disposition of trust property itself is irrelevant to his property('patrimoine') and his creditors. When the collateral trust is settled in connection with real estate development business and the settlor as a developer enters into a sale contract regarding the real estate belonging to the trust property, he is authorized to dispose under the terms of trust. The trustee is now under an obligation to transfer the ownership registration to the buyer, because he is the legal owner of the real estate, not the party of the sale contract. The ownership of the real estate transfers directly from the trustee to the buyer. In this instance the settlor does not have the right to claim the registration of transfer of ownership which belongs to his property. This kind of disposition corresponds to the terms of trust and should be regarded as if the trustee himself disposed it. While it is the proper administration of trust and the trust property separates from the trustee's own as well as settlor's, there is no reason that the trustee is liable for torts against the creditors of settlor.

Registration of the transfer of land rights as a result of an inckracht court decision at the Tegal City land office

The registration of the transfer of land rights resulting from court decisions is an unusual transitional registration, so it is necessary to study what decisions can be used as the basis for registering rights and what the registration mechanism is. An example is the decision of the Tegal District Court No. 01/Pdt.G/2013/PN.Tgl. which has permanent legal force so that it can be used as the basis for registration of the transfer of rights. The registration mechanism is through a review and recommendation from the Tegal City Land Office, followed by ownership registration.

The Development of the Financing Leasing System in China

The development of the financing leasing system in China has been relatively slow. This paper primarily introduces the regulations on the financing leasing system by Article 388 of the Chinese Civil Code and related clauses. It addresses the characterization of ownership or security rights, as well as regulations on priority of rights, defective security responsibility, liability for damage to others, maintenance obligations, risk of destruction or loss, public notice, breach remedies, and right enforcement. Furthermore, this paper highlights the differences in regulatory frameworks for movable and immovable property financing leasing in China. Chinese law does not explicitly address issues related to immovable property financing leasing, as it focuses on the functionality of guarantees for movable property and rights due to the clear ownership registration authorities for immovable property, eliminating the issue of "hidden guarantees." Article 65 of the Interpretation of the Civil Code provides comprehensive regulations on the functionalization of financing leasing guarantees.

Have the new round of agricultural land system reform improved farmers' agricultural inputs in China?

China's modern socialist system completed the registration and certification of farmland ownership and continued to deepen the "separation of powers" reform at the end of 2020. This facilitated the transfer of land management rights and impacted investment in agricultural production. The main aim of this study is to evaluate the impact of the new round of agricultural land system reform on farmers' farm inputs in China's socialist system. The study uses data from the China Labor-force Dynamic Survey (CLDS) and employs various econometric approaches, including the Propensity Score Matching-Difference in Differences (PSM-DID) method to approach the objectives of the study. The results indicate that the new round of agricultural land system reform significantly promotes the increase of farmers' inputs in agriculture, including the area of land transferred in and self-owned, income from agriculture, number of agricultural labors, and specialized agricultural production. The study suggests that the reform enhances the positive impact of land transferred-in on farmers' farm inputs. The impact of agricultural land confirmation and "three rights separation" is positive in eastern, central, and western China. The findings suggest that public authorities should continue to improve the efficiency of land allocation and large-scale operation, cultivate new agricultural operation bodies, and improve the level of agricultural production specialization.

Legal aspects of protection of rights to land plots that were transferred to private ownership based on the provisions of Decree of the Cabinet of Ministers of Ukraine No. 15-92

Due to the lack of clear regulation of the procedure for registration of land ownership on various grounds of privatisation, the Decree of the Cabinet of Ministers of Ukraine of December 26, 1992, No. 15-92 “On privatisation of land plots” has become one of the most problematic legislative acts in Ukraine. That is why there was a need to distinguish between two procedures for the privatisation of land plots: according to the above-mentioned Decree and in accordance with the Land Code. The purpose of the study is to highlight the differences in the legal procedures for privatising land plots transferred to the ownership of citizens based on Decree No. 15-92 and in accordance with paragraph 5 of Article 17 of the Land Code of Ukraine of 1990 as amended on March 13, 1992, and later – Article 118 of the Land Code of Ukraine. The analysis of the practice of the Supreme Court on the application of Decree No. 15-92 and the Land Code of Ukraine in various versions, highlights the general trend in court decisions and describes individual cases that occurred in the judicial practice of higher instances. As a result of the study, it was established that the procedures for transferring land plots to the ownership of citizens based on Decree No. 15-92 and the Land Code of Ukraine differ. Privatisation based on Decree No. 15-92 is a specific simplified form of land transfer to ownership. It is noted that the legislation does not contain a clear regulation of the procedure for transferring land plots to private ownership, if privatisation was initiated based on the rules of Decree No. 15-92, there are a substantial number of legal disputes that are resolved in court. It is proved that the vast practice of the Supreme Court on privatisation issues is not always consistent, and legal conclusions are not systematised; simultaneously, the general trend towards resolving such legal disputes is consistent and understandable. Based on the conclusions of the Supreme Court, the procedure for privatisation under the rules of the Decree was systematised, the procedures for privatisation under the Decree and the Land Code of Ukraine were delineated, documents certifying the right of ownership were identified, and ways to confirm the existence of property rights/legitimate interests to land plots, the right of ownership/use to which arose in connection with the entry into force of Decree No. 15-92 were named. The practical importance of the results obtained lies in the possibility of using them to protect the rights of citizens to land plots, residential buildings and structures located on such plots in judicial and administrative procedures.

The Results of Land Cadastral Data Research on the Example of the Village Mzisguli

Our research shows the possibilities of spatial analysis by using geoinformation systems, on the Georgian land cadaster information, in particular, on the information created in the process of land ownership registration reforms in the Ministry of Justice, the National Agency of Public Registry. Also the research shows the importance of land cadastral data as the basic data. The research findings identify the problematic issues and provides their solution ways. It was approved the opinion on how important it is to convert the information stored in the archives about the old land use and soil maps into a digital format, particularly, to transfer in the spatial (geographical) information, for comparing old and modern conditions in order to plan future activities. The village Mzisguli, located in Sagarejo Municipality, Kakheti has been chosen for the research, where the pilot project of systematic registration has been completed. The boundary of the registration sector of Mzisguli (55.02) is used as the boundary of the research area. There were analyzed all possible quantitative and percentage indicators from the existing cadastral and spatial data created in the research process. Additionally, there were created data bases with all important geospatial layers, and were prepared thematic maps and various recommendations. Keywords: Cadastre, Land Cadastral system, Ownership registration, Land resources, Geodata, GIS, Spatial analysis.

The Recovery Registration of Restoration Ownership of River Land

The Recovery Registration of Restoration Ownership of River Land

LEGAL ANALYSIS OF COASTAL RECLAMATION REGULATIONS IN ACQUISITION OF LAND RIGHTS

The essence of coastal reclamation in obtaining land rights is the benefit of a just environment by turning the beach (sea water) into the land. Second, the registration of ownership to the Beach Reclamation land carried out by the reclamation executor to the atr/bin office is carried out in accordance with PP provisions No. 24 of 1997. Furthermore, the atr/bin office, in this case, is the relevant official authorized to determine the rights to the Beach Reclamation Land. Carried out by PP Number 18 of 2021, which produces documents as land rights certificates. Third, in acquiring rights to coastal reclamation land, there are influencing factors, namely legal substance, legal structure, legal culture, facilities, and infrastructure. Recommendations in this study, First, the government, as a policy maker in granting coastal reclamation permits and land rights for coastal reclamation, needs to carry out land law reforms consistently so that they are in line with the mandate of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. There must be policy harmonization rustic as a whole. Second, granting land rights to applicants can achieve its objectives as stated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The three governments involve the community, traditional institutions, community organizations, and non-governmental organizations to support the policy of granting land rights to coastal reclamation, in Indonesia.

Delivering common property in Chinese contractual communities: Law, power and practice

This paper examines how common property is produced and delineated in contractual communities in China. Shanghai, one of the most developed Chinese cities with a burgeoning housing market, is used as a case study. The research analyses the power relations between land, construction and housing departments within Shanghai district governments and with developers, specifically, during the development phases of land leasing, construction permission and ownership registration. Drawing on the theoretical framework of new institutionalism, and its conception of path dependency in urban space, the article sheds light on what has led to the infringement on homeowners’ common property by developers. In a weak legal and regulatory system for property development, the departments within district governments shirk responsibility to each other, whereas developers hold considerable power. The article concludes that common property bears the imprint of power dynamics set in motion in the development phase and thus requires greater recognition.

Shallow and Uneven Progress towards Global Financial Transparency: Evidence from the Financial Secrecy Index

The global financial crisis and leaked documents such as the Panama Papers highlighted the important role of financial secrecy in the global economy. Although international initiatives pressing for more transparency have gained strength, there is little knowledge on how the map of financial secrecy has changed over the past decade and why. We use the internationally recognised Financial Secrecy Index and analyse its five editions between 2011 and 2020. We find that financial transparency related to international standards and cooperation improved much more than transparency in the arguably more substantive areas of ownership registration, transparency of legal entities, as well as tax and financial regulation. Second, we document convergence of financial transparency among jurisdictions. While some of the most secretive countries and jurisdictions became more transparent, many with higher transparency in 2011 became relatively more secretive by 2020. This convergence is driven mainly by the most secretive countries and jurisdictions becoming more internationally cooperative. Third, we map the heterogeneity of financial secrecy across the world and classify 71 countries and jurisdictions into five groups, which cut across conventional geographical divisions, highlighting the need to study secrecy in specific contexts. They do, however, show that while OECD countries are relatively more transparent, their former colonies, with continued links with and dependency on former colonial powers, exhibit little improvement. Put together, our findings show that while some progress towards global financial transparency has been achieved, it is shallow and very uneven, with convergence potentially replacing a race-to-the-bottom dynamic.

Hot Topics and Current Issues Related to Aircraft Ownership, Cost Sharing, and a Case in Point if the Law is Not Followed

This paper will explore the issues encountered when multiple users and/or entities purchase or sell an aircraft for business or personal use, which commonly involve the navigation of and compliance with Federal Aviation Administration (FAA) and Internal Revenue Service (IRS) regulations and accompanying federal statutes. This paper will also address the ownership of aircraft by multiple individuals and/or entities, and then operations under various ownership structures. Where multiple aircraft owners are involved, the utilization of dry leases, time sharing agreements, interchange agreements, and co-owner/joint-ownership agreements may be used to navigate FAA and IRS regulations and rules. Also, co-owning an aircraft, but not actually having “ownership” of the aircraft, through another company (an off balance sheet entity for example) will be addressed. Aircraft owned through an owner trust can also provide anonymity, ownership advantages, and can help navigate ownership registration issues. This paper will also address the U.S. Eastern District Federal Court Criminal Organized Crime and Drug Task Force Enforcement prosecution case against an aviation escrow, title, and trust company; along with the principals of those companies, which involved aircraft registration, sale, and ownership issues.