Rights In Pursuit Research Articles

Network analysis in legal history: an example from the Court of Friesland

Summary This article focuses on the references (allegations) made by the lawyers in a selected number of cases to Roman and customary law as well as to court decisions when arguing their case. The analysis focuses on three similar civil litigation records from the Court of Friesland from 1716, 1718 and 1720. Network analysis was used to examine whether certain sources were more dominant (i.e. more central) in the network than others and to explore the relationship between the references. The lawyers in the three cases from the Court of Friesland appear to have used some references in common when arguing whether security rights (i.e. mortgages) included a right of pursuit and whether the auctioneer could recover the object if the buyer failed to pay.

Whether the right of pursuit is constitutional property interest protectible against the state II part

The author, in this paper, is looking for Ariadne’s thread, which would help us to find the way through the legal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an appropriate protection of secured creditor’s subjective rights, from the other side. He points out that in resolving a dilemma, does the mortgagee have the right to enforce its debt against the Republic of Serbia (right of pursuit), in case if the extended confiscation of property (proceeds of crime) includes subject-matter of mortgage, the court should take into account does the mortgagee know or should know about criminal origins of encumbered assets. The court should evaluate a good faith of the mortgagee, bearing in mind all the circumstances of the case, especially: 1) The moment of a mortgage establishment, i.e. whether the registration of mortgage is prior in time to the initiation of a property freezing procedure; 2) Overall business and other relations between mortgagee and mortgagor, i.e. are these parties associated in any other way? 3) Objective changes in the economic position of mortgagee and mortgagor, i.e.is the security agreement true or simulated, in particular, whether the value of the secured claim actually enhanced the property of the mortgagor and at what consideration.

Da li je pravo sledovanja ustavom zaštićeni imovinski interes i u odnosu na Republiku Srbiju

Da li je pravo sledovanja ustavom zaštićeni imovinski interes i u odnosu na Republiku Srbiju

Da li je pravo sledovanja ustavom zaštićeni imovinski interes i u odnosu na Republiku Srbiju - II deo

The author, in this paper, is looking for Ariadne's thread, which would help us to find the way through the legal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an appropriate protection of secured creditors subjective rights, from the other side. He points out that in resolving a dilemma, does the mortgagee have the right to enforce its debt against the Republic of Serbia (right of pursuit), in case if the extended confiscation of property (proceeds of crime) includes subject-matter of mortgage, the court should take into account does the mortgagee know or should know about criminal origins of encumbered assets. The court should evaluate a good faith of the mortgagee, bearing in mind all the circumstances of the case, especially: 1) The moment of a mortgage establishment, i.e. whether the registration of mortgage is prior in time to the initiation of a property freezing procedure; 2) Overall business and other relations between mortgagee and mortgagor, i.e. are these parties associated in any other way? 3) Objective changes in the economic position of mortgagee and mortgagor, i.e. is the security agreement true or simulated, in particular, whether the value of the secured claim actually enhanced the property of the mortgagor and at what consideration. .

La cláusula de no enajenar en los contratos de mutuo hipotecario

The present article reflects on the validity of anti-alienation clauses in mortgage loan contracts. We review if, beyond the wording of the article 2415 of the Chilean Civil Code, there is any interest of the mortgagee that may be protected legally through one of those clauses. The analysis is made, mostly, from the perspective of the Chilean Civil Code and the Act n°19.496, having in consideration that we are in front of an authentic contract of adhesion. The right of pursuit referred in the 2428 article of the Civil Code, and the nullity of the clauses that may be included in the article 16 letter g of the Act n°19496, serve as framework of the analysis. It coordinates the issues raised with the pertinent standards of the Civil Procedure Code, the Act n° 18.010, Banks General Act of and the Regulation of the Conservatory Registry of Real State, especially in attention to what is established in article 13 of the Regulation: ‘The Conservatory may not refuse or delay the enrollments: it must, however, refuse if the inscription is in any sense legally inadmissible’. Also, we reflect about the burdensome effects the clause would have if combined with an acceleration clause.

Towards a European response to terrorism: National experiences and lessons for 1993

This essay discusses the importance of the Schengen Agreement as a first step towards making the free movement of persons in Europe a reality after 1992. The removal of borders will have to be balanced by the introduction of computer checks on persons, the harmonization of visa policy and the abolition or transfer of goods inspection, as well as the harmonization of long‐term residence rights, social welfare policies regarding migrants, and controls on the sale of firearms. There is also a need for increased inter‐state police co‐operation, such as in the area of the right of pursuit. While the free movement of persons should only apply to European citizens, not extra‐European persons, in practice this is only feasible at external borders and at national ports and airports. An intensification of certain types of controls (e.g., on aliens) and the upgrading of international contacts and information exchange will be necessary to compensate for the greater freedom of land traffic in the post‐1992 Europe.

The right of pursuit from the exclusive economic zone

This article examines the grounds for exercising the right of hot pursuit for violations committed by foreign vessels in the Exclusive Economic Zone (EEZ). The grounds are shown to be much more limited in comparison with those for violations committed within the territorial sea of a coastal state and are determined by the extent of that State's powers in the EEZ under the 1982 UN Convention on the Law of the Sea.

The earliest origins and suppression of trade unionism in the Fiji Islands

This paper examines the earliest example of trade union activity in Fiji canvassing both the origins and suppression. The style of colonial government, especially when the status quo is threatened, the relationship between commercial interests and colonial officials and government, and the extent to which colonial governments of the time were prepared to infringe on individual rights in pursuit of "law and order" and the exercise of "paternal rights", are examined within the context of the events surrounding the emergence and control of labour unrest.