Sale Of Rights Research Articles

Sale of Rights in Dispute between Sharia Law and Algerian Law

The sales contract is one of the most important contracts in the lives of individuals and nations, as it is the customary means of exchanging money after the decline of bartering. With the passage of time, the shortcomings of bartering became evident due to the development of industry and commerce, and the varying needs of people. This led to the emergence of the sales contract, as it became a more suitable method of transaction compared to bartering, serving as a common ground for transactions between parties more than bartering. The aim of this research is to analyze the concept of rights sale in the conflict between Algerian law and Islamic law, and to understand the differences and similarities between the two legal systems in this context. Methods Used: An analytical methodology was employed, involving a comparative study of laws and judicial rulings in Algerian law and Islamic law pertaining to rights sale. Findings: The study revealed significant differences between Algerian law and Islamic law regarding the concept, conditions, and transactions of rights sale. Additionally, the findings pointed out some of the challenges and contradictions that arise when applying Sharia principles in a non-Islamic legal system.

Legal analysis of the problematic associated with irregular urbanization of the countryside in Chile

Population growth has led to the increase of the urbanization of the countryside, which is a problem if not regulated properly. This can lead to the creation of new urban cluster and the subsequent use of large areas of agriculture land. Therefore, it is necessary to have a strong and clear legal framework that can adequately regulate and protect the countryside and rural areas. This paper studies the Chilean public and administrative laws that regulates the creation of new rural residential plots and the mechanism that are employed by private for sale and construction of illegal rural residential plots and urban cluster on the countryside. For this purpose, it was initially identified the normative that allows the rightfully creation of new parcel and urban clusters, and the different governmental entities that have jurisdiction of this process. Later it was analysed the jurisprudence though the study of emblematic cases; two penal process, two civil cases, and two administrative proceedings. The main mechanism employed was the sale of rights to a percentage of the rural residential plot and/or the inadequate interpretation of a law used for the regularization of the site after five years construction. As a result of these irregularities, it was possible to observe that the urbanization projects are located on exclusive agriculture land and in some cases areas that where declare as risk areas. Therefore, this housing complex don’t have construction permits, municipal reception and unauthorize utilities. As a result, these urbanizations don’t possess the minimal required national standard, are considered as unauthorize urbanization, and cannot be register with the real estate registrar, therefore the individual doesn’t own the property.

Sales of Intellectual Property Rights According to Islamic Law: Development Process and Permission

The concept of rights has emerged with the existence of humanity and has been present throughout history. Legal scholars of each era have used this concept according to their own legal norms. It is also one of the fundamental concepts in legal literature. In ancient times, obtaining knowledge was difficult and limited. Therefore, materials containing knowledge held special importance. The concept of "intellectual property" did not have a legal basis as a property right and subject of sale in the First and Middle Ages. However, after the invention of the printing press, intellectual property became an issue as a right belonging to the owner of knowledge. Intellectual property rights, primarily copyright and industrial property rights, started to develop a legal framework and became established since the invention of the printing press. Technological advancements led people to new inventions and discoveries. As a result, there was a need for legal regulations concerning the transfer of intellectual property rights to others. Consequently, these rights gained economic significance and became an integral part of life. Intellectual property rights result from combining mental effort and labor to create a product. The owner of the mental product is granted certain rights. One of these rights is the ability to transfer the mental product to someone else, whether for a fee or free of charge. In this context, the Ottoman Empire and other Islamic countries did not remain indifferent to the issue. Especially with the arrival of the printing press in the Ottoman Empire, the protection of intellectual property rights became an agenda item. Islamic jurists reinterpreted these rights by deriving them from Islamic legal norms. The first legal regulation in the Ottoman Empire regarding intellectual property rights is the Copyright Regulation of 1857. The fundamental basis of these efforts is the inclusion of rights and interests in sales transactions. When looking at the main conclusion of the study, the views of the majority and Hanafi scholars stand out regarding the sale of these rights. In conclusion, the majority views rights and interests as property. According to them, the sale of intellectual property rights is permissible. However, early Hanafi scholars did not find the sale of rights and interests permissible. Nevertheless, later Hanafi scholars allowed the transfer of these rights to another party in exchange for compensation. Contemporary Islamic jurists evaluated the sale of intellectual property rights by focusing on the usage of rights and interests in jurisprudential literature. Ultimately, the majority of Islamic scholars consider the sale of intellectual property rights permissible. The lack of an independent study on the subject motivated us to conduct research on this topic. Our study is primarily based on written sources. The study discusses the possibility of selling intellectual property rights according to Islamic law. Especially when these rights are considered in the context of transferable rights (those that change location when transferred to another), their sale is permissible. This is because the view of all scholars from different schools of thought is that the transfer of transferable rights for compensation is permissible. * This study was prepared on the basis of master’s thesis which title “Sale of Intellectual Property Rights According to Islamic Law” which has continued undur the supervion of assoc Dr. Orazsahet ORAZOV (Zonguldak: Bülent Ecevit University, Graduate Education Institute, master’s thesis, 2023).

A Comparison of Majalla's Kitab al-Buyu‘ and the French Civil Code

This article will first examine the views preferred by the Majalla Commission to the main fatwā in order for Kitab al-Buyu to be regulated with the provisions in accordance with the needs of the century. Then the sales theory of the French Civil Code will be mentioned. The concept of goods, conditions, rights of option, sales of rights, wholesales and production orders will be our focus. Then, the minutes documenting the Majalla amendments of the law-making commissions will be examined from a comparative perspective. Thus, we will come to a conclusion on whether the amended articles match up with the French Civil Code. During the enactment of Majalla, the intellectual movement defending the quotation of the French Civil Code was not successful. However, we can say that the French Civil Code's theory of sale found a suitable door to influence Majalla, even the Islamic Law of Obligations, through amendments, since the Ottoman jurists of the period largely adopted the Western conception of French civil law, especially the principle of freedom of contract and liability.

Patent Activity of the Region as a Driver of Development of the Russian Economy

Introduction. Objects of Intellectual property bring significant finan­cial benefits to their owners through the sale of rights to this type of property and the conclusion of licencing contracts. At the same time, they play a big role in sustainable development of economy of regions as well. Creation of an active market of objects of intellectual property will allow the regions to reach a new level of development, character­ised by the emergence of IP-intensive industries that allow ensuring not only the growth of GRP, but also the level and quality of life of residents. However, this will require regional authorities to build an ef­fective intellectual property management system. Assessment of the region's achievements in the development of the regional intellectu­al property market will allow both identifying leaders and analysing their experience, and forming recommendations for outsider regions. To form such rating, it is proposed to calculate the index of patent activity of regions. Methods. The choice of the method for calculating the index is based on analytical studies of the methodologies for com­piling ratings of regions based on aggregate indices. Induction method was used for selection of indicators. The systematic method allowed determining the influence of intellectual property on the obtained so­cio-economic effects. Results and Discussion. Based on the assess­ment of the constituent entities of the Russian Federation in terms of the indicators characterising their patent activity, indicators were formed that served as the basis for calculating the index, upon which the rating of the constituent entities of the Russian Federation will be built. The key tasks are to assess the conditions created in the region, which contribute to the growth of the number of companies with a high share of intangible assets, including in sectors of strategic importance for the development of the region. Conclusion. A system for assessing the patent activity of a constituent entity of the Russian Federation is proposed, on the basis of the results of which it is possible to formulate decisions on state regulation and the implementation of measures to support the creation and introduction into economic circulation of the results of intellectual activity.

Rękojmia za wady sprzedanych praw i dóbr niematerialnych w ujęciu historycznym i prawnoporównawczym

The paper deals with historical and comparative legal analysis of the subject of warranty for physical and legal defects. A brief review of European legal orders shows that they are generally oriented towards things (variously understood as tangible or intangible objects). However, modern trade is characterized by an increasing dematerialization of its components. It justifies the question of how the European legal orders and some model acts solved (in the past) and still solve the problem of seller’s responsibility for the sold rights and intangible objects. First, a historical analysis will be made of two issues – the concept of ‘thing’, as well as the object of property, and the object of the sale contract (and at the same time the regime of seller’s responsibility for defects). In the second part, the analysis from the comparative legal perspective will be made, covering selected legal orders in the field of the contract of sale of rights and liability of the seller for defects of these objects. The research has been based on the following legal systems: Austrian, French, German and Swiss. In addition, the Convention on Contracts for the International Sale of Goods (CISG) and the model law – the Draft Common Frame of Reference (DCFR) were analyzed.

Formation of a range of sports league services

The article discusses the features of sports league services. Special attention is paid to the factors that influence the formation of the nomenclature of sports league services, as a structured list of products offered that may be in the league’s assortment. As the main of such factors, consumers are singled out, which make it possible to divide the services of sports leagues into commercial and non–commercial. The development of these groups of the range of services of sports leagues occurs in different ways. The main sources of profit in the activities of professional sports leagues are the sale of tickets and season tickets for sports competitions, the sale of rights to television and radio broadcasts of competitions, advertising and sponsorship and licensing and commercial activities of clubs. The problems of the formation of the nomenclature of sports league services are highlighted — this is the lack of market conditions, competition and demand, as well as the lack of consumer orientation. The scientific novelty of the work consists in the proposal to form a range of sports league services based on the use of active marketing, analysis of the solvency of the main consumer groups, as well as the introduction of innovative services using digital technologies.

INDICATORS OF FINANCIAL SUPPORT FOR FOOTBALL PLAYERS’ MIGRATION IN LEADING EUROPEAN LEAGUES

Introduction. Modern football is characterized by increasing trends in migration and transfer activity in the leading European football leagues and a decrease in the number of students of their own children's and youth academies of the leading football clubs of the European Championships for the period 2009-2019. The aim of the study is to investigate and determine the level of financial support for the migration of qualified players in leading European clubs on the basis of their transfer activities (according to open sources). Material and methods: analysis and generalization of data of scientific and methodical literature sources and the Internet, pedagogical observations, content analysis of materials of official websites of football clubs, UEFA and FIFA, methods of mathematical statistics. Results. In the «TOP-20» ranking of leading European football clubs at the end of 2019 in terms of total transfer costs, which determine the migration of qualified players, there is the following distribution: «Barclays Premier League» (England) – 8 football clubs (40%) with transfer costs € 4,726 million (43,40%); «Liga de Futbol Profesional, Primera Division» (Spain) – 4 football clubs (20%) with transfer costs of 2415 million € (22,17%); «Lega Nazionale Professionisti Serie A TIM» (Italy) – 4 football clubs (20%) with transfer costs of € 1,816 million (16,67%); «Le championnat de France de football» (France) – 2 football clubs (10%) with transfer costs of 1261 million € (11,58%); «Fußball-Bundesliga» (Germany) – 2 football clubs (10%) with a transfer cost of € 673 million (6,18%). Conclusions. Analysis of the structure of profits «TOP-20» ranking of leading European clubs, shows that the average is: about 44% – the sale of rights to telecast competitions, about 40% – advertising revenue and about 16% is the share of revenue from tickets and season tickets. Indicators of financial activity of leading European football clubs are monitored by UEFA and FIFA programs for compliance with the requirements and criteria of financial «Fair Play».

A Study on the Withdrawal in the Sales of Rights under the Consumer Protection Acts

A Study on the Withdrawal in the Sales of Rights under the Consumer Protection Acts

TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE

Islam advocates the protection of all types of Rights. However, each and every type of Right is not directly regulated by Shari’ah (Islamic Law) while the principles of Shari’ah can be construed to provide support for such regulation and protection. To the best of our knowledge, there is no such paper which efficiently talks about the tradable and non-tradable Rights from Islamic Law of Contracts Perspective as such that it provides a framework to evaluate different types of Rights for their permissibility of being subject matter of contract. This paper attempts to address this issue by using library research method (Qualitative Assessment) whereby, data is collected from books, articles, etc. Inductive and deductive methods are used for formulation of arguments and for providing justifications. The findings of this study suggest that not every Right shall be considered subject matter of contract. Furthermore, there are Rights that are specifically granted to the holder and they are not transferable, Rights that are allowed to be sold for a price, Rights that are not allowed to be sold but can be subject of sulh (compromise) / tanazul (waiver), and Rights that are allowed and sometimes not allowed to be inherited. Keywords: Rights in Islam, Sale of Rights, Intellectual property Rights

The Influence of the Technical Condition of a Building on the Property’s Market Value

Abstract The housed property’s market value is influenced by a set of characteristic qualities, among which is the technical condition of a building. The aim of this paper is to study the influence of the technical condition of a building on the market price of the dwelling units, depending, among others, on the chosen method and the approach to the assessment of the housing wear degree. The analysis has been performed based on the estimation of the market value of an illustrative dwelling unit located in a building erected with the use of prefabricated large panel technology in selected variants. The study is based on data from the period between January and December 2012, which are related to the sale of rights to dwelling units from the secondary market. The information was obtained from a transactional database based on the Partner Data Exchange system with the Walor software.

Trading Auntie: the exploitation and protection of intellectual property rights during the BBC's monopoly years

Most histories of British television date the emergence of a trade in programming to the mid- to late 1950s when recording technologies turned previously ephemeral programmes into exchangeable goods and ITV brought a commercial impetus to British broadcasting. However, this historicisation of British broadcasting fails to acknowledge that the BBC was engaged in selling the rights to its programming before the arrival of commercial television in 1955. By exploring the sale of rights to two key programmes in the period between 1946 and 1955 (the radio serial Dick Barton and the television serial The Quatermass Experiment) this paper demonstrates the ways in which the BBC operated within a broader set of commercial industries and engaged in commercial practices even while it had a public service monopoly on broadcasting. However, this paper argues that the BBC's trade in rights was not primarily motivated by financial gain, but rather by the corporation's need to protect the integrity of its programming and its corporate identity. While contemporary accounts of the trade in intellectual property equate it with an increased commercialisation in British broadcasting, this history points to the importance of propriety in understanding the function of the trade in intellectual property historically and today.

BROADCASTING AND TEAM SPORTS

ABSTRACTTelevision rights are the largest component of revenues for major sports in large, rich nations. Among these nations, the market structure for rights varies due to different competition policies toward sports and television. This essay examines how game coverage, revenues, and competitive balance are affected by competition in commercial television and sales of rights. It argues that consumers are better off if television is competitive and leagues do not centralize rights sales. We conclude that centralization of rights sales does not improve competitive balance or benefit financially weak teams. Finally, while digital telecommunications are making television competitive, ending centralization of sales by leagues requires policy intervention.

Technology is Changing What's "Fair Use" in Teaching

The Doctrine of Fair Use was established by the courts to exempt certain activities such as teaching and research from the legal requirements of the copyright law. Before the 1976 Revision of the Copyright Act, only two cases were brought against teachers for copyright infringements. In both cases the teachers lost because their extensive copying was found to impact the copyright owner's market for legally published copies. Although the 1976 Act explicitly recognizes the existence of potentially Fair Uses, the act makes application of the principle highly situational. Classroom Guidelines attached to the Act make application even more murky and constrained. After 1976 photocopy technology and the advent of the coursepack began a trend towards circumscribing situations in which Fair Use may be applied. Potential impact on a new, lucrative market for sale of rights to copy portions of books and journals appears to dominate contemporary case law. Desktop publishing and Internet and web-based teaching, the authors believe, will further erode traditional applications of Fair Use for educational purposes. They argue that instructors and researchers should assume that there is no Fair Use on the Internet. Guidelines are provided for faculty and others considering dissemination of potentially copyrighted materials to students via digital technologies.

Improving the ability of a water market to efficiently manage drought

Some water markets maintain institutional elements that provide allocative advantages to specified water users. In the Lower Rio Grande Valley, water rights are designated as either municipal or agricultural (irrigation), with certain prioritization advantages afforded to municipal accounts. While sales of rights between municipalities and irrigators are allowed, the priority disparity results in a prohibition on leasing between sectors. Concern over meeting future urban demand has led municipalities to purchase rights well in excess of current needs. The inability to lease municipal water to irrigators removes a significant and growing fraction of available water from the market. The additional flexibility provided by leasing provides a valuable tool for managing seasonal drought. In this analysis the justification for prioritized municipal water is investigated. Results indicate that the added security municipalities may derive from higher prioritization during drought is accompanied by economic inefficiencies in regional water allocation. It is argued that eliminating municipal protection and the consequent allowance of intersectoral leasing would contribute to regional well‐being at small cost to municipal water users.

Marketable Zoning: A Cure for the Zoning System

Abstract In 1968, Professor J.H. Dales proposed that, instead of direct government regulation of air and water pollution, the government should simply create a market for the sale of rights to pollute the air and the water? By the 1980s, this view had received much acceptance; the Environmental Protection Agency, for example, was showing strong interest and experimenting with creating new markets to pollution rights. Similar proposals have also been made for the creation of private markets for ocean fishing, broadcast licenses, ground-water, and other natural resources. In each case, the ability to use these resources is now allocated by government through a regulatory permit system. But also, in each case, it is proposed that a private market would perform this allocative role more efficiently and effectively. These examples are part of a much broader national—indeed worldwide—trend toward reexamining the relative economic roles of government and the private market, and considering whether the market mec...

Auctions and Alternative Procedures for Allocating Pollution Rights

This paper considers two different types of auctions which the government could use to sell discharge rights: (1) an auction where rights are sold for a single clearing price, and (2) a special type of discriminating auction that discourages strategic manipulation of bids by individual dischargers. Based on both theoretical and practical considerations, there appears to be a fundamental trade-off between reducing the financial burden of rights purchases and eliminating the incentives for strategic behavior. Very few discharges in either case study would have lower expenses under government sales of rights than under uniform treatment. The simulations also suggest that there may be opportunities for strategic behavior under nonincentive-compatible procedures because of small numbers of dischargers, despite its problems with respect to incentive compatibility, the right allocation approach of free distribution followed by exchange may offer the most desirable package of features. This approach can yield dischargers savings over the expenses of present uniform regulations as well as provide incentives for efficient allocation of treatment efforts. 25 references, 1 figure, 5 tables.