Property Disputes Research Articles

Comrades' Courts in the Soviet Period of Russian Statehood as a Form of Non-Professional Justice

The formation and development of comrades’ justice in the Soviet period of Russian statehood is associated with the implementation of the unified national concept of the court, conditioned not so much by professional justice as by the mass participation of non-professional judges from the people in court. The jurisdiction of cases heard in public courts was regulated by the relevant provisions and criminal codes, providing that these courts considered minor crimes, both by virtue of a direct indication in the law, and by way of delegation of the function of justice by the courts or the prosecutor’s office in each specific case. The activities of the comrades’ courts are divided into three periods. The first period — from 1919 to 1922 — is characterized by the disciplinary orientation of the comrades’ courts authorized to consider all violations of labor legislation. The second period — from 1928 to the beginning of the Great Patriotic War — is characterized by a variety of comrades’ and public courts that covered various spheres of economic, social and political activities, from Soviet enterprises and institutions to collective farms. Its main purpose was to free public courts from a mass of minor offenses and property disputes, as well as ensuring productivity growth and combating disruptors of production in enterprises and institutions. The third period — from the late 1950s to 1991 — set the goal of strengthening socialist democracy by involving a wide range of workers in the management of public affairs, including through comradely justice, which defined comrades’ courts as quasi-judicial bodies of public and state power, intrinsically inscribed in the concept of a socialist national state.

U.S.-China Trade War: Analysis Of The Semiconductor Industry

This research paper analyses the causes and outcomes of the U.S.-China trade conflict through the lens of the semiconductor industry. It explores strategic measures the U.S. took to curb China’s technological progress. Furthermore, the paper looks at China’s countermeasures to mitigate the repercussions of U.S. policies. This research paper is a literature review of various research papers to unveil the causes and effects of the trade war, in the semiconductor industry. Some of the leading causes include intellectual property disputes(Huawei and ZTE) and trade relations, the outcomes of the trade war are more directed toward economic competition and global impact. The paper proposes potential policies to mitigate the damages caused by the trade war and recommends policies to create a robust economic environment. The paper explores policies that could enhance diplomatic relations and minimize trade wars. Methodology The research methodology used in this paper is a Literature review. The five main papers reviewed are... 1. “What the Huawei Case Can Teach Us about the U.S.-ChinaPower Game” by Lu Chuanying and Nicolas Huppenbauer. 2. “The U.S.-China Trade War: Is Malaysia benefiting from "Diversions" in US import demand?” by Calvin Cheng, Firdaos Rosli, and Dwintha Maya Kartika. 3. “Economic Security: Uncertainty Rises as U.S.-China Strategic Competition Deepens” by Yeon Wonho. 4. “U.S.-China Bilateral Economic Relations” by Amy P. Celico and Song Guoyou. 5. “The India-China-U.S. Triangle” by Vijay Gokhale. These research papers are analyzed to highlight some of the chief factors in the semiconductor industry that led to the trade war, as well as investigate papers to comprehend the outcomes of the trade war on the semiconductor industry

Bale Mediation as an Alternative Institution For Resolution of Communal Intellectual Property Rights Disputes Among Indigenous Communities in West Nusa Tenggara

The settlement of communal intellectual property rights disputes is not only through litigation, but is also possible through mediation. The purpose of this study is to determine the position of the mediation hall as an alternative institution in resolving communal intellectual property disputes and in the judicial system in Indonesia and how the legal force of the Bale Mediation decision is in resolving Communal Intellectual Property disputes. This research method uses normative legal research, namely legal research conducted by examining library materials or secondary data. Based on the results of the study, Bale Mediation is an institution that carries out the functions of mediation, coaching and coordination in the implementation of mediation in the community in accordance with local wisdom in the context of legal reform in the field of resolving Communal Intellectual Property Rights disputes. Bale Mediation is not part of the state judiciary but rather an institution that resolves disputes outside the courts. Legal settlement of Communal Property disputes through Bale Mediation is a non-structural institution and is responsible to the Governor. The decision or result of the dispute resolution at the Mediation Center in the form of an agreement that does not yet have permanent legal force but is only an ordinary contract for the parties, only obtains the status of a peace deed after the parties, with or without the assistance of a mediator, file a peace lawsuit through the Commercial Court/District Court.

Intellectual Property Disputes before the General Court of the European Union: Procedure and Experience Drawn from Handling Lithuanian Cases*

Intellectual Property Disputes before the General Court of the European Union: Procedure and Experience Drawn from Handling Lithuanian Cases*

The roadblocks to success – Identifying challenges in implementing a surgery support E-health solution: A qualitative interview study

BackgroundSurgery accounts for 30 % of the global disease burden, but healthcare systems struggle with managing surgical waitlists, optimising operations, and minimising cancellations, leading to poor patient outcomes and financial strain. E-health technologies offer promising solutions to enhance perioperative care and improve surgical outcomes, yet their integration faces significant organisational and structural challenges. This paper aims to explore and analyse the perspectives of decision-making personnel regarding the challenges and opportunities of implementing a surgery support e-health application. MethodsThis study utilised an explorative qualitative approach, employing a rapid cycle qualitative evaluation informed by the NASSS framework. Data were collected through individual semi-structured interviews with decision-making personnel conducted. Framework analysis guided by the NASSS framework was used to analyse the interview transcripts. ResultsA total of 15 participants from public health and external organisations participated in the study. The analysis, framed by the seven domains of the NASSS framework, critical challenges in integrating new health technologies, emphasising the need for compatibility, cybersecurity, and demonstrating clear benefits. Key factors for successful adoption included early and continuous stakeholder engagement, organisational readiness, and ongoing support. Additionally, participants highlighted the importance of centralised information systems and continuous adaptation of health IT solutions to meet evolving needs. ConclusionThis paper reveals that implementing surgical e-health interventions is a complex process fraught with organisational, technical, financial, and political challenges, particularly due to insufficient end-user involvement and the intricate healthcare landscape. Despite the recognised benefits, successful implementation necessitates comprehensive stakeholder engagement and co-design approaches. Additionally, while a partnership between commercial vendors and public health developers presents an attractive solution, significant obstacles such as intellectual property disputes and resource allocation must be overcome.

Features of court decisions made based on the results of the consideration of separate proceedings

The article examines the features of court decisions made based on the results of the consideration of separate proceedings. It is emphasized that bankruptcy should be understood not only as a mechanism for the liquidation of a legal entity or relief from the debts of individuals, but also as a mechanism for restoring solvency. In the process of bankruptcy, it is sometimes necessary to consider property disputes in which the debtor is a party. Thus, there is a special type of proceeding in the bankruptcy procedure – a separate proceeding aimed at restoring the solvency of individuals or legal entities and meeting the demands of creditors. The fulfilment of the purpose of economic litigation depends on what decision will be made in these proceedings – the effective protection of violated, unrecognized or contested rights and legitimate interests of individuals and legal entities, the state. The principles on the basis of which the decision is made are analysed, namely the principles of the rule of law, legality and reasonableness. The interrelationship between the decisions adopted in the procedure of consideration of the bankruptcy case and the separate proceedings was studied. Court decisions adopted in separate proceedings are based on the principles developed by established European judicial practice. Their peculiarity is that they, like decisions in bankruptcy cases, are aimed at protecting the rights of the debtor and correspond to the task of economic justice defined in the legislation of Ukraine. The signs of implementation of the principles in the adoption of a court decision are singled out: compliance of the laws, on the basis of which the stated demands are subject to consideration and decision, to the Constitution of Ukraine; correct assessment of the evidence collected in the manner established by law in the case; establishment of the factual circumstances of the case, based on the ratio of the activity of the court and the competitiveness of the parties established by the procedural law; exact establishment of the norms of material and procedural law that are subject to application; application of substantive law norms aimed at restoring violated subjective rights and interests protected by law, taking into account the actual circumstances of the case. It is noted that decision-making in the economic court is aimed at resolving disputes, ensuring justice, protecting rights, creating legal precedents and maintaining order in the economic sphere. Court decisions act as the basis of the legal system, contributing to the efficient and fair administration of justice.

The Position of the Van Dading Deed in the Settlement of Joint Property Disputes: Study of Decision 901/Pdt.G/2023/PA. Tmg

The Position of the Van Dading Deed in the Settlement of Joint Property Disputes: Study of Decision 901/Pdt.G/2023/PA. Tmg

Inter-firm patent litigation networks: a study of network motif analysis

Despite the recent complex intertwining of firms in fierce intellectual property disputes, the formation mechanisms of patent infringement litigation relationships between firms have been little studied from a network science perspective. We construct an inter-firm patent litigation network using longitudinal data on patent infringement litigation and the firms involved in the US, and examine its structural characteristics and the mechanisms of tie formation through network motif analysis, linking it to existing knowledge on negative ties. The results reveal the significant influence of mechanisms such as homophily, popularity, and activity on network formation, with reciprocity emerging as a pivotal factor. The absence of triadic closure is also observed. This distinct structural pattern is consistent across different technological fields and throughout the 20-year period. Furthermore, our analysis delves into the rapid countersuit strategies common within this network and provides valuable insights into patent litigation strategies between firms.

Protección de los derechos de propiedad de los cónyuges según la legislación ucraniana y de la Unión Europea

Introduction: The protection of spouses’ property rights stands as a fundamental aspect within family law, aiming to safeguard their interests during property disputes and divorce proceedings. This study delves into the nuances of property rights protection under both Ukrainian and eu legal frameworks. Emphasizing the evol-ving legal landscape due to Ukraine’s alignment with eu standards, the research scrutinizes the mechanisms governing property division and dispute resolution.Methodology: Amidst the complexities of divorce proceedings, the analysis reveals disparities between Ukrainian legislation and established European legal norms. Despite efforts to align with EU standards, discre-pancies persist, influenced by unique legal structures and societal factors. Notably, the study underscores the pivotal role of marriage contracts and judicial interventions in safeguarding spouses’ property rights.Results: Recognizing the centrality of property rights within family law, the study advocates for enhanced at-tention to the harmonization of Ukrainian legislation with EU principles. The efficacy of marriage contracts emerges as a cornerstone in empowering spouses to assert control over property matters. Conclusions: Additionally, the research illuminates pathways for protecting family rights through contractual agreements and legal mechanisms, underscoring the imperative of comprehensive legal reforms to ensure equitable property division.

Case Study: Criminal Psychology Analysis and Profile on a Case of the Judge Being Shot

This paper provides a comprehensive criminal psychology analysis and profiling of a case involving the shooting of a judge. Two perpetrators, motivated by alleged injustices in divorce property disputes, targeted the judge, her family, and associates of their ex-wives, resulting in two fatalities and two injuries. The perpetrators eventually committed suicide after being cornered by police. The study delves into the psychological entanglements, latent stage, malignant transformation, implementation, and decline phases of the perpetrators’ criminal psychology. The case underscores the complexity of emotional homicides, the role of revenge and jealousy, and the dynamics of joint criminal activity.

Study on the Current Situation, Dilemma and Way Out of International Intellectual Property Disputes of Hubei Enterprises

With the steady advancement of economic globalization and the rapid development of knowledge economy, the international market value of intellectual property is increasing day by day, and it has become a new weapon of competition between countries. How to avoid the risk of foreign-related intellectual property disputes and how to rationally use intellectual property rights to safeguard the legitimate rights and interests of Chinese enterprises has become a hot issue. Through case search and investigation, Hubei enterprises as a whole have strong willingness to respond to lawsuits, but their efficiency needs to be improved. On the economic level, the author thinks that we should increase fiscal and tax subsidies, establish enterprise alliances, and set up special funds; At the consciousness level, we should strengthen the publicity and training, and comprehensively improve the awareness of intellectual property protection of foreign-related enterprises in Hubei Province; At the institutional level, we should build a good IP link service platform and improve supporting laws and regulations; Improve the international competitiveness of Hubei enterprises from multiple angles.

Diversified Mechanisms of Dispute Resolution for China's Foreign-Related Intellectual Property Right

China's increased competition with industrialised countries in terms of technological innovation during its current development transition has led to an increased demand for its intellectual property resources. At the same time, globalisation has further highlighted the inevitability of China facing foreign-related intellectual property challenges, prompting a focus on resolving such disputes. However, managing intellectual property right litigation relating to other countries remains difficult due to the unique types of foreign-related intellectual property right cases and the intricacies of applying national laws. In order to improve China's intellectual property dispute resolution framework and make it more effective and fairer, this paper will propose the shortcomings of the current litigation procedures through the case analysis and data analysis, and confirm that the flexible and reasonable use of diversified dispute resolution mechanisms will help China better deal with foreign-related intellectual property issues. While advocating a diversified dispute resolution framework for China's foreign-related intellectual property rights, it also provides possible suggestions for its construction.

Study of Dholera Special Investment Region

This study examines the issues faced by Gujarat, India's Dholera Special Investment Region (DSIR) as it transitions to an entrepreneurial urbanization paradigm. The main focus of the study challenge is to comprehend the development trajectory of DSIR, specifically with respect to industrial expansion and sustainable urbanization, while tackling problems like land acquisition disputes and delays in infrastructure. The study uses a mixed-method approach, drawing on secondary literature analysis, industry reports, and direct data from governmental sources. It looks at the beginnings of DSIR, its growth plan, its corporate directional approach, and the wider socioeconomic effects of its evolution. The primary conclusions point to a paradigm shift toward a "entrepreneurial urbanization" model that is driven by funding from the private sector and government assistance. However, obstacles like property disputes and delays in infrastructure provide serious obstacles to the advancement of DSIR.

Legitimacy of Subjects of the Right to Judicial Protection in the Law Enforcement Practice of Land and Property Disputes Resolution: Formulation of the Problem

The article is devoted to the study of the problems of the ownership of the plaintiff and the defendant as parties to a land-property dispute in the current law enforcement practice of courts of general jurisdiction. The author emphasizes that the primary task of the judicial branch of government and a specific court as its representative is to correctly determine the subject composition of the case, the subject of which is the resolution of a land and property dispute. Achieving the specified task has two main consequences: obtaining legal protection of the violated, unrecognized or disputed right by the proper “offended” person and placing responsibility for the committed encroachment on property rights on the actual violator. The article analyzes the procedural institution of replacement of an improper defendant as a mechanism designed to ensure the implementation of the principle of ownership of the parties to the dispute in the civil process. In particular, the author drew attention to the fact that in the judicial practice of courts of all instances, the terms “proper plaintiff” and “improper plaintiff” are used, the definition of which is not contained in the current civil procedural legislation. In addition, the article analyzes the judicial law enforcement practice formed in the part of replacing an improper party in cases for the resolution of land and property disputes and formulates relevant conclusions regarding the ambiguity of the positions of courts of general and administrative jurisdiction in this matter. The author conducted a comparative analysis of the legal regulation of the institution of replacement of the proper party in a dispute under civil and administrative procedural legislation. Based on the results of the research, the author outlined the scientific and practical aspects of the investigated issues in this field of civil procedural law. In particular, the author comes to the conclusion about the inconsistency of the legislator’s vector regarding the development of an effective procedural mechanism for the protection of the rights of subjects of land legal relations, which in turn creates prerequisites for possible abuse of the court’s procedural powers.

Justice of the Peace Courts in the Adjudication of Property Disputes in the Ottoman Countryside (1839–1914)

Abstract This article examines the institutionalization of justice of the peace courts in the 19th-century Ottoman Empire on the one hand, and on the other investigates the adjudication of property disputes in the lowest administrative units (villages and communes), within the context of establishing a regime of individual and exclusive property rights. Such an analysis historicizes the transformation that justice of the peace courts underwent in the 19th century. It therefore seeks to free these courts from being regarded as an ahistorical extrajudicial and/or judicial dispute settlement mechanism (sulh).

JUSTICE IN PROPERTY MATTERS IN KOSOVO: A LESSON FROM A POSTWAR COUNTRY

Background: In the realm of property matters, or more precisely, the infringement of property rights and the pursuit of adequate justice, Kosovo stands out as one of the most unique cases. Its uniqueness stems not from a singular circumstance, law, or period but from a complex interplay of events, laws, and historical periods. The primary objectives of this paper revolve around property disputes stemming from ethnic conflicts, discriminatory laws, and wartime circumstances. The paper is grounded in two fundamental hypotheses. Firstly, it seeks to examine the property disputes that have arisen because of these conflicts, discriminatory laws, and war, particularly targeting certain segments of the population. Secondly, it aims to explore strategies for avoiding such consequences in the future and recovering material damages incurred. The context under observation is also important because of the significant involvement and influence of the international administration. In this sense, the case of Kosovo can serve as a typical example, theoretically and practically, for other societies and countries facing similar challenges. Lessons from the positive aspects of Kosovo's case should be considered while avoiding repeating numerous mistakes to prevent these countries from experiencing the consequences of such oversights. Methods: The foundational sources used to develop this paper encompass scholarly works such as textbooks and scientific papers, legislative acts including international conventions, and judicial practice. Given the paper’s unique nature and the problem it addresses, it further draws upon a range of research and reports from reputable international organisations that have systematically monitored the situation as impartial observers. The paper adheres to a specific methodology, with the historical method being indispensable in matters related to property. Through this method, the evolution of ownership, ideas, community consciousness, political and social movements that influenced the law, and international missions approaches that contributed to shaping distinctive legislation in Kosovo known as 'UNMIK Regulation’ are unveiled. This study predominantly employed the analysis method, synthesis method, and comparative method. The analysis method scrutinises relevant legal provisions and case law, while the synthesis method has been utilised within the framework of comparative methods. To a certain extent, the descriptive method was also employed to furnish readers with a clear overview of the events and relevant implementation mechanisms related to property rights. Results and Conclusions: The paper delineates three major types of property disputes arising from the unique circumstances characterising Kosovo: property claims deriving from ‘repressive measures’ (1990-1998), property claims deriving after the war (27 February 1998 - 20 June 1999); and property claims caused by the system of social property (after 1945)– subsequently deriving from its privatisation after 1999. For each of these violations of property rights, their causes, circumstances, and underlying purposes are examined and argued. The paper also discusses approaches for addressing these disputes. While it is concluded that addressing property claims deriving after the war (27 February 1998 - 20 June 1999) has been satisfactory, the same cannot be said for the other two categories of property disputes. In these instances, modern law remains largely silent. Therefore, although this paper is titled ‘justice’ in property matters it primarily grapples with the prevailing of ‘injustices’ in property matters. However, the paper offers ideas and suggestions on how modern law can address these categories of violation of property rights.

The Regulating Legal Provisions of the Removal of Commons by Disposal: The Real Estate Ownership Law of 2019

This study examines the legislative framework governing property disposal in Jordan, focusing on the Real Estate Property Law. Through a detailed analysis of the law’s provisions and their practical implications, the research highlights several key insights. The amendments introduced by the Jordanian government aim to streamline the process of disposing of communal property, emphasizing economic value enhancement. However, criticisms exist, particularly regarding the lack of specialized resources dedicated to addressing decommunization matters within the Department of Lands and Surveys. Despite these challenges, the Real Estate Property Law is crucial for resolving property disputes and fostering economic development. Addressing identified deficiencies and ensuring effective implementation of the law will be essential for realizing its intended benefits and promoting a fair property disposal process. Practical recommendations are provided to enhance the protection of owners’ and renters’ rights and to address deconsolidation issues within the Department of Lands and Survey. Future research should focus on potential revisions of the Real Estate Property Law to streamline processes and ensure fair proceedings.

Институты соционормативной культуры балкарцев в деятельности судебных учреждений Нальчикского округа в последней трети XIX века: проблемы регулирования имущественных отношений

The article considers some problems of regulation of property relations of institutions of soci-onormative culture of Balkars in the activities of judicial institutions of the Nalchik district in the last third of the XIX century. These issues are considered on the example of disputes in the Nal-chik Mountain verbal and mediation (mediation) courts over ownership of things and real estate, ownership of land plots, loss of crops, claims for missing cattle and disputes related to inheritance and payment of kalym. Attention is drawn to the peculiarities of the involvement of witnesses in the proceedings, as the basis for the formation of the evidence base. The features of the appoint-ment of material compensation for property offenses are considered. The specifics of document-ing various forms of property relations among Balkars in the last third of the XIX century have been studied. The role of mediation (mediation) courts in resolving property disputes among the Balkars at the time under consideration is shown. It has been established that the customary law of the Balkars and Sharia were effectively applied in resolving property disputes based on some tra-ditional mechanisms: the use of witness testimony as the basis of evidence, the appointment of material compensation (fines) as a measure of responsibility for property offenses, the transfer of complex issues to the court of intermediaries, etc.

Artificial Intelligence-based Legal Application for Resolving Issues Related to Live-In Relationship

INTRODUCTION: The societal landscape in India has witnessed a very transformative shift in the perspectives on relationships, with an increasing prevalence of live-in couples challenging the traditional norms of marriage. However, this ongoing trend has brought about a huge surge in legal complexities, including recognition, partner rights, property disputes, and inheritance issues. This study proposed an innovative approach that leveraged the potential of Artificial Intelligence and Automatic speech recognition for the registration and redressal of live-in relationship matters.
 OBJECTIVES: This research explores and seeks for the optimization of the resolution of live-in relationship disputes which occurs in the legal perspective with the help of an AI-based platform. The primary goal of this research was to overcome the physical barriers while ensuring the correct accessibility to legal procedures for the registration and addressing of the grievances related to live-in relationships. 
 METHODS: Here, the methodology followed, starting from the thorough review which was conducted using different resources from Scopus, PubMed, and ResearchGate. This research explored the increasing complaints and varying victim counts in live-in relationship cases. This finally attributed to these issues to a lack of physical access to legal remedies.
 RESULTS: This study also emphasized the major significance of AI-driven redressal processes in the real-time alleviation of the hurdles and challenges associated with live-in relationship cases. The proposed framework and platform aimed to offer an alternative means for the individuals who were unable to physically approach the authorities, facilitating a more efficient and seamless way of legal resolution more quickly.
 CONCLUSION: This study advocates for the integration of AI and AST technologies in the legal domain, specifically for addressing live-in relationship issues. The implementation of such a system had the potential to bridge gaps in its accessibility, thereby contributing to a more inclusive and efficient legal framework for individuals who are passionately involved in live-in relationships.

Adjudicating Joint Property Dispute in Islamic Jurisprudence: Balancing The Best Interests of The Child With A Focus on Residency

Children hold a very important role in the development of a country. However, children are generally vulnerable; hence, protecting and ensuring children's rights must be a priority. One example of a condition where children’s rights are put at risk is when a child's residence becomes the object of a joint property lawsuit. In this case, the principle of the best interests of the child needs to be the main consideration in all matters of decision. This study aims to determine the characteristics of the best interests of the child principle in Islamic law and analyze the formulation of the judge's decision regarding the position of the child's residence, which is the object of a joint property lawsuit. This research is normative legal research, using primary and secondary legal materials. The result of this research shows that the principle of the best interests of the child initiated at the Convention on the Rights of the Child has become an important consideration in various laws and regulations in Indonesia, including the Compilation of Islamic Law to the Supreme Court Circular Letter (Surat Edaran Mahkamah Agung, SEMA). As an important principle to be applied in the joint property lawsuit, this study provides three views of the judge's decision formulation, namely: 1) The lawsuit is admissible as there is no explicit norm; 2) It is inadmissible as it is waiting for the child to enter adult age; and 3) It is admissible; however, the distribution is postponed till the child enters adult age. Through this study, the author agreed that the lawsuit is admissible by postponing the distribution until the child reaches adulthood. However, there needs to be some refinement regarding the position of SEMA and the clarity of adult age.