Property Owners Research Articles

Formy współpracy między państwami w celu odzyskania utraconych dóbr kultury – uwagi wokół poszukiwania optymalnego wzorca Forms of cooperation between

In the search for an optimal pattern of conduct for the settlement of disputes concerning the ownership of cultural property, the article characterises the legal means and conciliation initiatives available to states. The discussion is limited to the forms of cooperation confirmed in international law instruments, developed especially in the framework of UNESCO’s period of activity, as adopted in the second half of the 20th century and thereafter. In this context, the use of litigation before both the International Court of Justice and national courts is discussed. Attention is also given to conciliatory forms of dispute resolution, distinguishing between consensus initiatives involving only the states interested in resolving the dispute and forms extended to include the participation of impartial mediators supporting the parties in their search for a satisfactory solution. The article assumes that the development of an out-of-court compromise is particularly desirable when the settlement of a dispute concerning the ownership of a cultural asset by an international tribunal or national courts, due to the legal status in force, limits the prospect of obtaining a substantive settlement satisfactory to all parties involved in the conflict.

Peluang dan Tantangan Pemberlakuan Undang-Undang No. 23 Pasal 22 Tahun 2011 Tentang Zakat Sebagai Pengurang Pajak Penghasilan

The obligation to pay zakat and the obligation to pay taxes for Muslims causes double charges or double burdens so that it will make it difficult for property owners and cause counterproductive effects. As a solution so that zakat must not be exposed to a double burden, the government issued a regulation, namely Law Number 23 of 2011 article 22 concerning zakat as a deduction from income tax. The purpose of this study is as one of the socialization efforts to muzakki on zakat as an income tax deduction and provide a positive perception of zakat and tax management. The methods used are qualitative approaches with the type of field research (field research) and data analysis using qualitative descriptive methods. From the results of research and analysis on zakat regulations as income tax deductions cannot be implemented, because there is no cooperation between BAZNAS and Primary Tax even though there is clearly a law regulating it. The lack of socialization carried out by BAZNAS makes the muzakki unaware of the law on zakat as an income tax deduction and there are still many muzakki handing over their zakat directly to those who are entitled to receive it because the reach is easier.

Factors Associated with Increased Cases of Brucelosis among Patients at Kampala International University Teaching Hospital, Bushenyi District, Uganda

Background: The government has employed numerous strategies ranging from animal vaccination, quarantines, free tests and diagnosis.
 The purpose of this study was to determine factors associated with increased cases of brucellosis at Kampala International University Teaching Hospital.
 Methodology: We conducted a quantitative cross-sectional study which employed simple random sampling to select 36 patients aged 18 years and above attending at Kampala International University Teaching Hospital who consented to take part.
 Results: The majority of the respondents (n=14, 38.9%) belonged to the age group of 26-30years, followed by the respondents belonged to the age group of 31 years and above 12 (n=12, 33.3%) while the interrogated persons belonged to the age group of 18-25 years were weak (n= 10; 27.8%). Majority of the respondents (n= 15; 41.7%) revealed that they were Christian-catholic. Moreover, most of these respondents (n= 19; 52.8%) revealed that they studied only secondary education meanwhile only (n=10, 27.8%) were primary leavers. These respondents belonged in the majority to Banyankole/Bakiga tribe (n= 19; 52.8%) and were married (n= 28; 77.8%). The results of this study showed that 36.1% (n= 13) of respondents lived with the incomes included between 100,000 and 150,000 Uganda shillings. They were in majority 14 (n= 14; 38.9%) at 1 – 2 kilometers to the nearest health facility meanwhile 27.8% (n= 10) of respondents were at 5 and above kilometers. Approximately 58.4% (n= 21) of respondents were agreed that there is presence of diagnostic facilities of brucellosis and 63.9 % (n= 23) of these respondents adhered to treatment of brucellosis.
 Conclusion: This study showed that age, level of education, tribe, household income, property ownership, cost of treatment, distance from the health facility and poor service utilization influence increase in brucellosis cases among patients at Kampala International University Teaching Hospital. Brucellosis places significant burdens on human healthcare systems and limits the economic potential of individuals, communities, and nations where such development is especially important to diminish the prevalence of poverty.

A Revolution in Property: Tocqueville and Beaumont on Democratic Inheritance Reform

Abstract Among the most controversial reforms investigated by Alexis de Tocqueville and Gustave de Beaumont was the idea of using inheritance as an instrument to diffuse property ownership. This article offers the first comparative account of the development of this concept across each of their major works. By situating their interventions within wider inheritance law debates, it is demonstrated how their evolving visions of democracy forced them to innovatively combine two normative arguments: (i) diffusing property ownership via inheritance was a precondition for placing democracy upon stable political foundations, and (ii) this could counter the rise of pauperism and the extreme wealth inequality of nineteenth-century industrial society. Far from being an anachronistic republican notion, such reforms were long considered too radical to be implemented in England and Ireland.

Analisis Yuridis Pelaksanaan Putusan Perkara Waris dengan Obyek Sengketa yang Telah Memiliki Sertifikat Hak Milik

This research aims to analyze the legal aspects in the implementation of inheritance case decisions involving disputed properties that already have a property ownership certificate. The main focus of this research is to identify challenges and obstacles that may arise in the implementation of such decisions. The research method used is a normative analysis approach, which involves examining relevant laws and regulations, related jurisprudence, as well as relevant documents. The research findings indicate that the implementation of inheritance case decisions involving disputed properties with existing property ownership certificates involves a series of complex legal processes. The main challenge lies in harmonizing the court's decision with the validity of the previously issued property ownership certificate. Additionally, it is important to consider the rights of the parties involved that are protected by the law. This research also highlights the need for practical guidance or guidelines for parties involved in the implementation of such decisions, including judges, lawyers, and other relevant parties. These recommendations are expected to make a positive contribution to improving justice and effectiveness in resolving inheritance disputes involving properties with ownership certificates in the future.

Is it Time to Antiquate the Term "Landlord?"

With the growth of community partnerships with housing providers to address social determinants of health, it may be time to rethink the term "landlord." The term, landlord, may be antiquated as it originated from medieval Europe in the 9th century, denotes rank, is male, and may create further divisions between tenants and landlords. In the US, many average Americans rent their property; as data from the Internal Revenue Service and the Rental Housing Finance Survey indicate nearly 10 million Americans reported rental income in 2020 and most of them own only 1-2 rental units. This commentary argues that the term "landlord" is no longer relevant, may be counterproductive to building a culture of health across stakeholder groups, and should be replaced. Some alternative terms are suggested, including "lessor" or "rental host." Accurate and neutral terms may be useful in engaging renters and property owners in addressing housing and homelessness issues in society.

AN ELUCIDATION OF THE POSITION OF WOMEN BEFORE THE ADVENT OF ISLAM AS DESCRIBED IN THE GLORIOUS QUR’AN

Before the advent of Islam, the position of women varied widely across different regions and cultures. It is important to note that the following information provides a general overview and may not apply uniformly to all societies of that time. Pre-Islamic Arabia: In pre-Islamic Arabia, women's status varied greatly depending on tribal customs and traditions. Some tribes practiced female infanticide, considering daughters a burden, while others valued women as members of the community. Women were often married off at a young age and had limited rights in matters of inheritance, divorce, and property ownership. Polygamy was prevalent, and women were sometimes treated as objects of trade. The position of women in pre-Islamic Arabia was varied, depending on their social status and tribal affiliation. However, in general, women had few rights and were often treated as second-class citizens. They were not allowed to own property, inherit, or testify in court. They could be married off without their consent, and they could be divorced by their husbands at will. Therefore, the aim of this paper is to expose these issues in details. Also, the paper explains the status of women in Roman period, in Jews period and in the Christian era. The method used in conducting this research is analytical method.

‘The Decision to Return to Syria Is Not in My Hands’: Syria’s Repatriation Regime as Illiberal Statebuilding

Abstract Many Syrian refugees are being forcibly repatriated under the guise of the war’s end, while other refugees are returning to Syria voluntarily. Drawing on an interview study with displaced Syrians, and an analysis of conflict-era policy and legal changes, I show how the Syrian government’s repatriation regime has been constructed outside of international norms and practices. An absentee must apply to return through a settlement process in which the state determines who is a ‘loyal returnee’ and thus permitted to return. Returnees must construct a genealogy of loyalty that attributes responsibility for their displacement towards several of the Syrian government’s enemies. Wartime Housing, Land, and Property (HLP) laws have created a surrogate legal category for the displaced as absentee subjects who are targeted for punishment through HLP seizures. As Syria’s repatriation regime is delinked from restitution, returnees are forced to navigate HLP laws to regain ownership of assets and property.

The value of green infrastructure to property prices: Evidence from the Gold Coast, Queensland, Australia

Green infrastructure supports residential choice, provides sustainable transport and contributes to liveable neighbourhoods. This study investigates the value of green infrastructure, defined as built environment features (e.g., green spaces, beaches), facilities (e.g., fitness equipment in parks) and sustainable transport infrastructure (e.g., heavy rail, light rail and bus), to property prices in the Gold Coast, Queensland, Australia as a case study. The main difference of this study from previous ones is the evaluation scope is not limited or attached to a particular transport infrastructure project but instead considers a whole city. The impacts of green infrastructure are measured taking account of geographical differences across the city using a multi-level regression modelling approach to identify the implicit value of green infrastructure in residential property prices. The results suggest only those elements of green infrastructure that can provide a direct service to people (e.g., fitness equipment) are positively valued. Importantly from a sustainable transport perspective, the current public transport network and services have a negative impact on property price suggesting public transport might not be meeting property owners’ expectations. The paper discusses the implications of the model results for literature and policy on green infrastructure.

Fragmentation of Technology Ownership and Acquisition Strategy of Firms

AbstractThis paper examines how the fragmented ownership of complementary intellectual property (IP) rights affects firms’ acquisition behaviour. We theorize that as the ownership of complementary IP rights fragments, the rate at which a focal firm engages in technology acquisitions will increase. Our predictions suggest that firms will expand their IP portfolios through acquisitions as a strategy to continue innovating when the ownership over strategic IP becomes exceedingly spread among technology holders. Furthermore, we propose that this positive relationship between fragmentation and acquisitions will be stronger for firms whose patent portfolios hold relatively less value compared to their peers, owing primarily to their diminished control over strategic IP. Using a unique longitudinal dataset from the biopharmaceutical industry, we find empirical support for our hypotheses.

In the Patented Bag: Peanuts, Packaging, and Intellectual Property in the United States, 1906-1932.

This article explores the early history of two American peanut companies: Planters and Tom's. Both food manufacturers developed major commercial brands through the ownership of intellectual property. In this case, the sourcing of different peanut types figured into the marketing of salted peanuts. Through a legal dispute involving Tom's patented retail bag, I examine how food packaging changed how peanuts were advertised, distributed, and consumed. The argument is made for an historical analysis of food brands that considers how intellectual property domains interacted with each other and with the material properties of the food itself.

KEPASTIAN HUKUM PENDAFTARAN TANAH MELALUI PEJABAT PPAT SECARA ONLINE PENGGUNAAN APLIKASI KEMENTRIAN AGRARIA DAN TATA RUANG/ BADAN PERTANAHAN NASIONAL (BPN)

Land registration is an important legal process in the ownership of property. In many countries, land registration is done through the land registration agency or the National Land Agency (BPN). In Indonesia, land registration is carried out through an online system using the ATR/BPN application managed by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. The issues raised are how the implementation of the online land registration system through the ATR/BPN application can ensure the legal certainty of land registration before PPAT and how the obstacles and challenges in the implementation of online land registration through the ATR/BPN application can affect the legal certainty of land registration before PPAT, the theory used by The Theory of legal certainty from Gustav Radbruch and the theory of authority from H.D Stoud. The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. From the results of the study it can be obtained that the online land registration system through the ATR/BPN application has the potential to increase the legal certainty of registration in the presence of PPAT. However, it takes a holistic effort to overcome technical and legal challenges, so this system supports the creation of a more reliable and transparent land registry and the constraints and challenges in online land registration through the ATR/BPN application can affect legal certainty. However, the right solutions and collaboration can overcome these barriers. Mature implementation and effective solutions will maintain legal certainty and provide positive benefits in property transactions in the future

Property Markers and the Hassle of Leniency: Building Code Enforcement in the Courtroom

Unlike other housing courts, Chicago’s building court is characterized by leniency. The mostly low-income property owners who appear in building court often receive extensions to remedy building code violations or even dismissals of their violations. This article shows that, paradoxically, the consequences of these lenient outcomes are punitive for building court defendants, replicating the kinds of detrimental outcomes that harsher legal enforcement can produce. Building on conceptual apparatus from socio-legal studies, I identify two mechanisms—property markers and hassle of leniency—through which building court entrenches or even exacerbates housing precarity for low-income homeowners and small-time landlords. I argue that without additional support for low-income defendants, even well-intentioned leniency on the part of municipal officials and legal actors reinforces economic inequities in the housing market.

Southern African sandy coasts in the context of near-future sea-level rise

Sandy shorelines occupy ca. 80% of the coast of Mozambique, South Africa and Namibia. A geomorphological classification of sandy shorelines in the subcontinent identifies twelve major categories in four sub-regional coastal systems. The behaviour of each of the major shoreline types under rising sea level is outlined based on geological principles together with observations of former shorelines preserved onshore and on the continental shelf. Human adaptation strategies regarding shoreline change involve a binary choice (hold the shoreline in place or permit it to fluctuate) and these exert an equally important control on sandy shoreline response in the medium term as does sea-level rise itself. It is anticipated that densely urbanised sandy shorelines will be stabilised by coastal defences involving both capital works and ongoing maintenance that will be accompanied by deterioration and ultimate loss/replacement of the natural ecosystem. In contrast, currently undeveloped, natural shorelines will be permitted to adjust and will, as a consequence, survive and continue to deliver ecosystem services. The major challenge for climate-change adaptation lies in those lightly urbanised coastal areas where relatively small numbers of property owners may be, or perceive themselves to be, at risk of economic loss from shoreline change. In such cases the choice is between preserving those property interests (through sea defences) and preserving the sandy shoreline and its human and ecosystem services (via retreat).

Independent audit quality and corporate cash holdings

This paper examines the impact of independent audit quality on corporate cash holdings in China's stock markets. The findings reveal a negative relationship between independent audit quality and corporate cash holdings. It is observed that high-quality, independent audits can effectively reduce corporate cash holdings. Furthermore, the study highlights the significant moderating effect of property ownership on the relationship between independent audit quality and cash holdings. Specifically, the impact of independent audit quality on cash holdings is more pronounced in non-state-owned enterprises compared to state-owned enterprises.

Investigating the role of enterprises' property rights in China's provincial industrial energy intensity

Continuous decentralisation of the property rights of state-owned enterprises (SOEs) constitutes one of the most important market-oriented reforms in China. However, previous studies have seldom investigated the relationship between changes to enterprises' property rights and energy intensity. As industrial departments consume most of China's total energy, this study examines the influence of changes to enterprises' property ownership on industrial energy intensity across China's provincial regions. Based on a series of econometric analysis and China's 30 provincial regions between 2005 and 2019, the empirical results indicate that decentralising industrial SOEs' property rights is beneficial for controlling industrial energy intensity. This study also found that regions' degree of openness accelerated this effect. In particular, although the expansion of SOEs increases energy intensity, openness helps SOEs enhance energy sustainability. However, there is significant heterogeneity between different regions and periods. Furthermore, we investigate the roles of research and development (R&D) efficiency and structural change that explain how the decentralisation of SOEs' property rights influences regional industrial energy intensity. The results could help policymakers control the industrial energy intensity in the background of market-oriented reforms.

Urban Households’ Investment Behaviour Towards Home Appliances in India: Do Gender and Neighbourhood Effect Matter?

This study assesses the influence of women’s bargaining power and the peer or neighbourhood effect on urban households’ investment behaviour towards home appliances, specifically refrigerators and air conditioners. The impact of women’s bargaining power has been demonstrated in different domains, including household expenditure/investment decisions, technology and clean fuel adoption, children’s education, and so on. Since women primarily operate household appliances, for example, refrigerators, we argue that the former could impact investment decisions related to appliances. Additionally, we study the neighbourhood effect as the acquisition and choice of appliances, vehicles, and new technologies and the reduction of household energy consumption heavily rely on information from the neighbours. This communication dynamic reduces perceived social and technological uncertainties related to the product. Therefore, we hypothesise that household appliance ownership accelerates when there is increased use in the neighbourhood. Analysis based on data from the Indian Human Development Survey (IHDS, 2005 & 2012) shows that women’s education and property ownership are positively related to refrigerator and air conditioner ownership. The neighbourhood effects on the same have also been found to be positive and significant. This study, in sum, provides new insights into the factors that influence urban households’ investment behaviour towards appliances, and in terms of policy implications, these findings could be useful in the promotion of energy-efficient home appliances as we are aiming for net zero emission in the decades to come.

Intimate partner violence against married women of reproductive age in Nepal during the COVID-19 pandemic

IntroductionIntimate partner violence (IPV) is a significant public health concern in Nepal and its prevalence has increased during the COVID-19 pandemic. This study aimed to assess the prevalence of IPV among married women of reproductive age in Nepal during the pandemic. MethodsA web-based survey was conducted with 420 participants using a validated questionnaire adopted from the World Health Organization. Descriptive and inferential statistical analyses were performed. ResultsOur study found that 52.62% of participants experienced IPV during the COVID-19 pandemic with economic violence being the most prevalent type (38.81%) and followed by behavioral control (37.14%), emotional violence (26.20%), physical violence (21.43%), and sexual violence (14.05%). Despite the high level of IPV, only 14% of participants sought help and only 6% reported the violence to the police. Univariate analyses showed that factors such as the husband's level of education and occupation, number of children, property ownership, husband's alcohol use, relationship and quarrels with the husband, fear of the husband, and participation in decision-making were associated with an increased risk of IPV. Multivariate analysis revealed that women involved in decision-making faced a 2.52 times higher risk of violence, that women who reported daily quarrels had a risk 5.47 times that of women who did not endorse fights, and that women who were afraid of their husbands had a risk 16 times that of women who did not report fear. ConclusionThis study reveals a concerning prevalence of IPV among married women in Nepal during the COVID-19 pandemic. Our findings emphasize the low reporting rates and help-seeking behavior among IPV victims. They also highlight the significant influence of factors such as participation in decision-making, frequent quarrels, and fear. These findings underscore the urgent need to establish support systems for IPV victims and develop targeted interventions tailored to the local context. Furthermore, conducting comprehensive research and understanding the interplay of contributing factors can guide the formulation of effective strategies to combat this pervasive societal problem.

Ownership without Owner in the Czech Trust (Sketch on Margo Trust in the Czech Law)

The Czech legislator did not address the exceptionality of the ownership (patrimony) law which Quebec Civil Code (CCQ) authorises (a property without owner) for particular purpose as patrimony right by appropriation in the fiducie (trust) regulation when it was adopted into the Czech legal system (§ 1448 of the Czech Civil Code – CCC). However, the Czech law lacks a transposing provision in the sense of Article 2(2) or Article 915 CCQ (‘property belongs to persons or to the state or, in certain cases, is appropriated to a purpose’) justifying deviations from the concept of a uniform ownership right. In accordance with the concept of ownership in Czech law expressed in the mandatory provision of Article 1011 CCC, this right must belong to a certain person. The solution of the “Czech problem” therefore consists in the personification of the trust, which as a legal person has the status of a fiduciary owner of the trust property. This model does not affect the substance of the ownership of the appropriated (trust) property. The Czech trust may dispose of it only in accordance with its purpose, which is expressed in its by-laws. The flexibility of the trust remains fully preserved in this model. During its lifetime, it is possible to change the persons in the position of trustee or beneficiary or to change the purpose of the trust. The implementation of our model can be done by interpreting the applicable legislation (teleological reduction). However, a change in the wording of section 1448 CCC would better contribute to legal certainty.

MODELLED AND OBSERVED IMPACT OF THE APRIL 2021 SOUTHERN OCEAN STORM

Coastal hazards exacerbated by sea level rise present a growing protection gap to property owners and the wider community. ‘Actions of the Sea’ have been a traditional exclusion from insurance policies given their inevitable nature and this present a reputational risk to the industry. Insurance issues regarding coastal inundation and erosion are explored using a case study approach, investigating extreme events impacting Sydney, Australia. A novel multidisciplinary approach combining expertise of coastal hazard assessment and engineers, insurance professionals and urban planning was applied to unravel the deep complexities of the problem. National scale recommendations are formed from the technical findings. The case study focuses on the June 2016 storm event impacting Collaroy/Narrabeen.