Usufruct Rights Research Articles

Establishing Usufruct Rights under Statutory Basis in Vietnamese Law

The usufruct rights is a legal right that was imposed on the property of another person, and can only arise based on legal events prescribed by law, called the basis for establishing usufruct rights. The basis for establishing usufruct rights according to the laws of different countries is not entirely the same. In Vietnam, usufruct rights are established based on three legal bases: the basis prescribed by law, the basis of the agreement of the parties, or the basis of a will. This article studies the basis for establishing the right of usufruct according to the statutory basis, in current Vietnamese law (specifically the 2015 Civil Code). By using the methods of written law analysis, historical method, comparative legal method, and survey of the practical application of Vietnamese law, the article provides the content of positive law in Vietnam on the basis for establishing usufruct rights according to the law, aiming to introduce readers to the current legal status, point out the advantages and disadvantages of these regulations, select practical experiences of foreign law, and contribute to building solutions to improve the regulations on the basis for establishing usufruct rights according to the law in Vietnam today.

The right of perpetual usufruct and the principles of a market economy

The right of perpetual usufruct is deeply rooted in the Polish legal system. Perpetual usufruct has a long history, and it is unlikely to be abolished in the near future. Therefore, the extent to which the right of perpetual usufruct is consistent with the principles of a free-market economy should be determined. In the present study, this issue has been examined comprehensively by describing the economic aspects of this right. The fees associated with perpetual usufruct can attract individuals who have an interest in establishing this right. However, these fees can also discourage potential usufructuaries. Despite the above, perpetual usufruct fees constitute a steady source of income for territorial self-governments which grant the right to perpetual usufruct of municipal land. In addition to a comprehensive overview of perpetual usufruct fees, this study also involved a survey to determine the extent to which territorial self-governments exercise the legal rights associated with the collection of perpetual usufruct fees.

The Historiography of Forests use Types and Implication for Forest Conservation in the Montane Forests of Ngongbaa, Kilum, Kovifem and Kovkinkar

This study explores the timeline history of forest use types and beneficial relationship of forest, forest communities and conservation in the montane forests of Ngongbaa, Kilum, Kovifem and Kovkinkar from the mid-1970s to 2015. Data and/or information collected for this study comprise literary, questionnaire, interview, focused group discussions and observations. Data for the study was secured from person directly resident adjacent forest in 29 villages. The study shows that apart from being asource of food and medicine, forest first served as settlement and refuge sites for the Nso, Mbiame and Oku people. Today, forest serves as cemetery for the fons (kings), and host shrines which have become conservation hot spots and nurseries for engendered plants and animal species, where the Nso, Mbiame and Oku also performed sacrifices. These conservation hot spots help to sustain the forest in montane ecosystems where pressure on land and forest is high and on the rise. Due to population pressure and limited grazing the grassland compartments in the above forests have been transformed into grazing ground. The long period of intercourse between the Nso, Mbiame, Oku people and their forest enabled them to accumulate rich and useful knowledge of the forest and established customary (non- statutory or quasi-statutory) regulatory frameworks for effective management of forest resources to improve their livelihood and culture. Due to the depletion of forest and the adoption of stricter conservation policies, some forest activities particularly carving and hunting have decreased in intensity while some like Ngwa’a (royal hunt) has simply phased out due to the extinction of animal species which were hunted. The paper recommends that traditional systems of managing forest be reinforced to enhance the conservation of resources in sacred groves that are nurseries for threatened and extinct species in degraded ecosystems. The state should recognise and integrate non-statutory forestry policy frameworks established in the Nso, Mbiame and Oku into the national forestry policy as village-based institutions for the management of land and forest in forest communities. The government should also empower traditional authorities (Fon,Nwerong and Lanlords (ataangven) and support reforestation and forest restoration programmes formulated by them. This is because laws put in place by these institutions are respected in the most part by their subjects without being forced to do so, unlike in the Ngongbaa and Kilum forests managed by the state, where forestry laws are permanently violated by local people who consider forestry authorities as state agents who are depriving them of their right of tenure and usufruct. This would likely help to maintain biodiversity and knowledge attached to it, which is gradually disappearing due to forest depletion.

In pursuit of power: Land tenancy contracts and local political business cycles in Indonesia

This study examines whether strategic delegation of land tenancy contracts is linked to local-level political business cycles in the context of a village institution – bengkok land – prevalent since the Dutch colonial rule in Indonesia. Bengkok land refers to communal village land that incumbent village heads receive usufruct rights over until their term in the office ends. We test whether incumbent village heads utilize time-bound access to bengkok land for political consolidation. Based on a novel cross-sectional household survey fielded in 2018 across 130 Javanese villages, we find robust evidence of a positive correlation between the percentage of total tenancy contracts as sharecropping and proximity (before or after) to the village election. As vulnerability of the sharecroppers makes them a pro-poor target for the incumbent village heads, these results implicate political capture.

Compulsory enforcement of the fee for the transformation of the perpetual usufruct right into ownership of real estate

In the Polish legal system, there are two ways of compulsory enforcement of obligations. It takes place either in administrative enforcement proceedings, which have no connection with the administration of justice, or in judicial enforcement proceedings, which are part of civil proceedings, ultimately determining the fulfilment by the courts of their respective judicial functions. Those proceedings are separate and independent of each other. Sometimes the obligation meets the conditions for administrative and judicial enforcement at the same time. Such an example is the fee for the transformation of perpetual usufruct into ownership. It has a civil law character, results from the operation of law or from an administrative decision, and a special provision does not specify the way of its enforcement. There is a convergence of criteria distinguishing between administrative and judicial enforcement.Currently, there is no doubt that the compulsory recovery of the transformation fee resulting from an administrative decision takes place in the mode of administrative enforcement, despite the civil law nature of this fee. Uncertainty arises as to the method of enforcement if the fee arises by operation of law. There are both sentences in favour of the admissibility of administrative enforcement and dissenting opinions favouring the admissibility of compulsory recovery of the fee in question by way of judicial enforcement.The aim of the article is to indicate the decisive criterion demarcating the path of administrative and judicial enforcement and to determine the method of enforcement of the fee for the transformation of the perpetual usufruct right into ownership. The work uses a formal-dogmatic method of work.

Protection of the Interests of a Former Family Member-Owner of a Privatized Residential Premises

The legislation of the Russian Federation enshrines the right of a former family member-owner of a privatized dwelling premises who gave his consent to privatization in favor of another person (a person who did not take advantage of privatization) to live in a dwelling dor an indefinite period. The nature of this right is not clearly defined and is the subject of numerous doctrinal discussions. Protection of the interests of the authorized person is controversial. As a result of the analysis of judicial practice, the author highlights the main ways to protect the rights of a person who did not take advantage of privatization and concludes that he has an access to such property lawsuits as a negatory claim (including the order to move into a residential building), and a claim for recognition of the right. The paper determines the approach according to which the right of a person who did not take advantage of privatization, along with the rights to live in a residential premises on the basis of a testamentary refusal and on the basis of a contract of lifelong maintenance with a dependent, by its legal nature represents a limited property right to live in someone else’s residential premises, namely, habitation, which, in turn, is a kind of the rights of personal use or usufruct.

Selected problems in the process of transformation of the right of perpetual usufruct into ownership title to real properties

Selected problems in the process of transformation of the right of perpetual usufruct into ownership title to real properties

Sand and the City: On Colonial Development and its Evasive Enemies in Twentieth-Century Palestine

Abstract This article traces the colonial origins of a crucial aspect of the environmentalist discourse since the mid-twentieth century - the idea that planetary substances should be stripped of ownership rights and become in and of themselves the subject of rights. The article looks closely at the Gaza region under British mandatory rule to explain how the rehabilitation of Gaza city, devastated during WWI, has failed. Gaza's reconstruction efforts, the article argues, collided with the British initiative to arrest the drift of dunes along the coast of southern Palestine. Throughout this project, the British administration extinguished Arab property and usufruct rights to expand state domains. They backed this policy with an elaborate ecological perception that saw sand and its inhabitants as agents of environmental ruin. The quarrel that has developed thus made the Gaza region an imperial test ground for probing what sand is? Does it have a history? And, therefore, can it be claimed as an object of rights? Divorcing nature from culture, the British administration in Palestine rejected the validity of sandy lands' economic past and constructed them as inhospitable 'wastelands' - a purely natural element. As such, sands could be subjected to governmental 'development' through afforestation and urbanisation while time-honoured agricultural practices and land rights of the local coastal population were neglected.

Empire, Nature and Agrarian World: A History of Rhino Preservation in the Kaziranga Game Reserve, India (1902–1938)

The greater one-horned rhinoceros or Indian rhinoceros ( Rhinoceros unicornis ) faced extinction in British India at the end of the nineteenth century. In 1908, the Government of Assam established the Kaziranga Game Reserve (KGR, now Kaziranga National Park) to preserve the vanishing rhino. As the twentieth century progressed, creating wilderness – by demonising the presence of the peasants and graziers – became a global panacea for protecting wildlife. Contrary to that belief, this article will show how the rhino population revived amidst human existence dictated by agro-ecological interactions and bureaucratic expediencies. The rhino’s ethology and its place in the imagination of rural people minimised its enemies. Moreover, in fluvial geography that constantly transformed the KGR’s boundaries, peasants and graziers creatively negotiated their usufruct rights and supported rhino preservation. Locating the KGR in the historical analysis of fluvial agro-ecology, this study illuminates how a critical interaction between different actors, i.e. human and non-human and coloniser and colonised, accentuated the cultural and material contestations amidst which the rhino eventually survived.

Reasons for Acquiring Defective Property in Afghan Civil Code and Islamic Shariah

Defective property can only be interpreted as an object’s property or only the property’s benefits, which ultimately include easement and usufruct rights. This research paper discusses the means of acquiring the rights of usufruct in four states (contract, will, preemption (Shofa), time- lapse). The means of acquiring easement rights are discussed in three states (public sharing, contractility, and time- lapse). The research study aims to understand what points Islamic jurisprudence has focused on in the definition of defective property and by what means individuals can acquire defective property. This work employs doctrinal research methodology and a descriptive, explanatory, and analytical research approach. It is worth mentioning that this part of the research was entirely based on library sources. The primary sources included the Afghan civil code. The secondary sources included jurisprudential textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. On the one hand, this research will solve the existing problems regarding the means of acquiring defective property to a certain extent, and on the other hand, it will pave the way for more research in this field. It is concluded that the reasons for acquiring defective property in terms of the right of usufruct include: contract, will, intercession, inheritance and others. in terms of the easement rights these reasons include common sharing, contractual requirements and the time-lapse.

Tryb procedowania oraz przesłanki przekształcenia użytkowania wieczystego w prawo własności

The right of perpetual usufruct has been operating in the Polish legal system since the 1960s. The essence of this right consists in the possibility for the perpetual usufructuary to use land which is publicly owned, to the exclusion of other persons, along with the right to dispose of it. The content of the right to perpetual usufruct is therefore similar in substantive terms to the ownership rights, although it is subject to certain determinants particular only to this law. The limits of the rights of the perpetual usufructuary are determined not only by the provisions of acts, rules of social coexistence, but also by the provisions of the agreement for subjecting land to perpetual usufruct. In addition, the temporary nature of the law and the rules of payment, including the possibility of updating the annual fee for perpetual usufruct, meant that for many years legislative activities were undertaken in the scope of enfranchising perpetual usufruct users. The Act of 20th July 2018 on the transformation of the right of perpetual usufruct of land developed for housing purposes into the ownership right to this land performed normative enfranchisement of perpetual usufruct users. The procedure of confirming enfranchisement is made by the public administration authority in the form of a certificate. The requirement to issue a certificate sometimes demands that the authority conduct a multi-faceted analysis in terms of meeting the conditions for such enfranchisement. Both the material scope of the act, the content of the issued certificate and the paid character of the enfranchisement to which the provisions on state aid apply in practice generate many obligations on the part of the authority issuing the certificate. Due to the universal character of the enfranchisement process and some of its specific features, the legal solutions proposed by the legislator in this area require a more in-depth analysis.

Empire, Nature and Agrarian World: A History of Rhino Preservation in the Kaziranga Game Reserve, India (1902–1938)

The greater one-horned rhinoceros or Indian rhinoceros ( Rhinoceros unicornis ) faced extinction in British India at the end of the nineteenth century. In 1908, the Government of Assam established the Kaziranga Game Reserve (KGR, now Kaziranga National Park) to preserve the vanishing rhino. As the twentieth century progressed, creating wilderness – by demonising the presence of the peasants and graziers – became a global panacea for protecting wildlife. Contrary to that belief, this article will show how the rhino population revived amidst human existence dictated by agro-ecological interactions and bureaucratic expediencies. The rhino’s ethology and its place in the imagination of rural people minimised its enemies. Moreover, in fluvial geography that constantly transformed the KGR’s boundaries, peasants and graziers creatively negotiated their usufruct rights and supported rhino preservation. Locating the KGR in the historical analysis of fluvial agro-ecology, this study illuminates how a critical interaction between different actors, i.e. human and non-human and coloniser and colonised, accentuated the cultural and material contestations amidst which the rhino eventually survived.

Rural Poverty in Bangladesh, India and Pakistan: Profiles and Policies (Invited Lecture)

The Bangladesh - India - Pakistan subcontinent has about one billion people or one-fifth of the world's population. A majority of the subcontinent's people live in rural areas and depend directly or indirectly on agriculture and related pursuits. The highly differentiated rural population includes a large proportion of the poor in the three countries. Their differentiated structure is based on (a) control of land through right of ownership and usufruct, and (b) employment opportunities for the labour power and its wages .. Absolute poverty afflicts nearly 60 percent of the rural population in Bangladesh,40 percent in India and 35 percent in Pakistan. The major causes of rural poverty are (a) landlessness and (b) lack of adequate employment (including low real wages) in or outside agriculture. Both these factors are responsible for keeping the poor consigned to low "entitlements" to income and commodities. The growth of the economy in general, and of agriculture in particular, has not produced the "trickle-down" effects large enough to counter the basic causes of persistent and high levels of rural poverty.

The right to use and sustain river watern –legal jurisprudence study-

The research includes many objectives to answer a number of questions that revolve around this topic, including Explaining the meaning of right and usufruct and what are the reasons that give an individual the right to usufruct. - Studying the jurisprudence rulings that work to regulate the right to use river water, and clarifying the extent of the interest of Islamic jurisprudence in ensuring these rights. A statement of the legal controls that regulate usufruct. A clarification of what is meant by the partnership contained in the hadiths of the Prophet that call people to the legitimacy of partnership, as it clarifies when an individual has the right to exploit that partnership, and what are the controls for benefit in the event of partnership, and how to sustain this benefit. - A statement of the legal position on the use of river water, the extent to which it is organized and guarantees the rights of individuals in this aspect, and what are the stages this regulation has gone through, with an explanation of some legal articles that regulate the right of usufruct. Explanation of the extent of compatibility and difference between Islamic jurisprudence and legal jurisprudence on the issue of the right to use river water. - Restricting to the two most important rights for the use of river water, namely, the right to drink and to drink..

Strategies to Promote Sustainable Development: The Gendered Importance of Addressing Diminishing African Locust Bean (Parkia biglobosa) Resources in Northern Ghana’s Agro-Ecological Landscape

As the topic of gender and forests gains international attention through programs related to addressing the Sustainable Development Goals, we focus on a case study of the African Locust Bean (Parkia biglobosa) in the savannah landscape of northern Ghana. Although this tree holds high cultural significance for Dagomba women, it is unfortunately becoming scarcer in our study area near Tamale. We investigate the reasons for this decline in relation to the agricultural, ecological, and cultural landscape and discuss the gendered impacts of these changes. Research in these communities was conducted between 2018 and 2021 as part of a transdisciplinary action research approach to process underutilized species with women’s groups. The research started with a survey that included 27 women’s groups in 13 communities with 524 women participants. Out of a selected number of groups, our research team has worked more intensively with three women’s groups near Nyankpala, which selected for their processing focus the African Locust Bean, locally known as dawadawa. More than 45 group sessions were organized with seven groups in a collaborative learning process in 2019. Additionally, the three groups in Kpachi who chose to process the African Locust Bean sustained facilitation of group activities until the end of 2021. Specifically, on the topic of the decline of this tree, 19 semistructured interviews were conducted in August 2020 with 8 female farmers, 7 male farmers and 4 chiefs in the local governance system. Our results show the cultural significance of the African Locust Bean for women in the Dagomba culture as well as practical uses of all parts of the tree. Specifically, the seeds are used for making a fermented condiment and tea. Although seeds of the African Locust Bean are considered a women’s crop, their access to this tree is mediated by the local chiefs and often male land-users. Most farmers interviewed reported a reduction in trees in their fields. The reasons for the decrease can be summarized in six different categories, (1) aging tree populations, (2) challenge caring for saplings until maturity, (3) agricultural changes with increased mechanization and pesticide use, (4) over-use as a firewood resource, (5) usufruct rights between traditional chiefs, male land-owners, and women who should be granted access to the trees according to Dagomba cultural values, and (6) reduced water availability inhibits seed yield. In conclusion, there is an urgent need for action to protect and restore the African Locust Bean within northern Ghana’s savannah landscape to ensure continued access and benefits of the tree to women in the region.

Turnover of an Enterprise Including Forest Land

The study deals with the issues of trade of an enterprise, an organized part of an enterprise, which includes forest land or the right to use forest land. It was found that the sale of the enterprise, an organized part of the enterprise, which includes forest real estate, is subject to the restrictions resulting from the Forest Act, i.e. the State Treasury has a pre-emption right in case of sale of the enterprise or the right to purchase forest land when a contract other than sale is concluded. Turnover of an enterprise, an organized part of an enterprise which includes the right of perpetual usufruct of forest land, is easier, i.e. it is not subject to restrictions resulting from the Forest Act.

Indigenes’ exclusion from neo-customary land: A perspective from changes in usufruct rights in Pramso, peri-urban Kumasi – Ghana

Land tenure systems in sub-Saharan African countries have changed in different ways over time with emergent neo-customary land tenure systems engendering exclusionary tendencies. Drawing on Pramso as a centralised case study in Greater Kumasi’s peri-urban area using in-depth interviews, this paper investigated peri-urban expansion and attendant changes in usufruct rights to understand indigenes’ exclusion from neo-customary land tenure. The paper finds peri-urban urban expansion in Kumasi to be more rapid after 2005 than between 1984 and 2005. In Pramso, the rapid and continuous peri-urban growth coupled with land allocation, together termed as peri-urban land commodification, precipitates neo-customary land tenure in which the focus on physical parcels of converted usufructuary land collapses traditional usufruct rights. In place of the collapsed rights, major remnants includes a quarter share of converted usufructuary land for indigene-families, a quarter share for community development, unconverted usufruct rights in respect of distant land, parcels with existing dwellings, and emergent peri-urban livelihood opportunities. Unlike indigenes, traditional authorities become major beneficiaries of this change. As the traditional usufruct rights are the main entitlement of indigenes, its collapse and traditional authorities’ suddenly becoming major beneficiaries indicates indigenes’ exclusion. The paper contends that the observed pervasive flexibility of customary land tenure systems in sub-Saharan Africa allows this change but also breeds unexpected and undesirable results for certain stakeholders such as indigenes. In the context of the rapid peri-expansion of African cities and the threat of irreversible and continuous change from customary to neo-customary land, the paper calls for right-based management of neo-customary land to equitably benefit all right holders.

TINJAUAN HUKUM KEDUDUKAN AHLI WARIS DALAM HAK PAKAI TANAH DI LINGKUNGAN BENTENG KERATON BUTON KELURAHAN MELAI

Legal review of the heirs' position in the right to use land in the Buton Fort Palace, Melai Village. The problems of this research are: (1) How. remedies for use by the heirs so that the usufruct rights acquired by him still have legal force in the buton palace fort, melai village (2) Restrictions - what are the obstacles for the heirs in the land use rights in the buton palace fort, melai village empirical legal law . Data sources consist of secondary data and primary data collected through interviews and documentation. The results of the collected data were then analyzed qualitatively.
 The results of this study indicate: (1) the legal efforts of the heirs so that the obtained usufruct rights still have legal force in the Buton Palace fort, melai village, including the implementation of the usufruct rights, the legal status of the building, the mechanism in the implementation of the land use rights agreement (2) What are the barriers for the heirs in the use of land rights in the Buton Palace Fort, Melai Village to get clarity on the results of the implementation of the land use rights.

The assignment of the right of usufruct

Usually the right of usufruct is constituted in the consideration of the identity of the person of the usufructuary, being a personal intuition contract. The rule that follows from the provisions of the Civil Code regarding the transfer by the usufructuary of the usufruct right constituted in his favor is that of its inalienability. By way of exception, it is possible for the usufructuary to assign the right to a third party but only if the following conditions are met: this possibility was provided for in the incorporation contra

Commoning the bloom? Rethinking bee forage management in industrial agriculture

Managed and wild bee populations are declining around the world, in part due to lost access to bee forage (i.e., nectar and pollen). As bee forage diminishes, the remaining acres become sites of contestation between beekeepers, land managers, ecologists, and regulatory agencies. This article applies a commons framing to contextualize these conflicts and attempts to resolve them. Drawing from the concepts of commons and commoning, I argue that nectar and pollen are common-pool resources for pollinators, beekeepers, and land managers, currently managed through varied access arrangements such as informal usufruct rights and pseudo-commoning practices. Like commoning, pseudo-commoning aims to collectively manage a resource through a set of protocols that involve equitable resource sharing and communication. However, because pseudo-commons are implemented from the top down, for example, from institutional actors driven in part by economic interests, they often do not result in widespread adoption on the ground. Through a case in California almond orchards, I make two additional arguments. First, because beekeepers are largely migratory and do not own the land they need for production, their subordinate position to landowners can challenge equitable bee forage management. Second, while floral pseudo-commons may aim to counter the negative effects of industrialized agricultural production (e.g., by limiting pesticide exposure to honey bees), they also provide a “fix” that supports and expands industrial agriculture by stabilizing managed bee pollination services. Increasing reliance on managed bee pollination services can thus disincentivize transitions to sustainable food production, such as adopting diversified practices that would support native bee populations and reduce the need for managed honey bees on farms.