Transfer Of Property Rights Research Articles

Limits to neoliberal authoritarianism in the politics of land capitalisation in Thailand: beyond the paradox

ABSTRACT Thailand presents several paradoxes that complicate linear assumptions about capitalisation of land and consequent processes of accumulation, dispossession and concentration. These paradoxes become apparent when today's conundrums are considered in their historical contexts of commercialisation, establishment of transferable property rights and financialisation, each tempered both by state policy and by counter-movements that have maintained smallholding. Geographically, Thai capital has invested in large-scale land deals across borders rather than within its own territory. Present-day land capitalisation in Thailand is complicated by resurgent authoritarianism and competitive populism and by the gap between partial de-agrarianisation and a persistent rural identity politics.

Heirs’ Responsibility for the Decedent’s Tax Debts in the Republic of Slovenia

In this paper the author discusses the Slovenian tax rules on the responsibility of heirs for tax debts that their ancestors (decedents) had at death and also tax debts of the estate. Generally the heirs must fulfil all of them, but two groups of exceptions exist. The first one consists of exceptions applicable to all types of tax debts, e.g., liability only up to the amount of inherited property, liability of each heir in relation to his share of the inherited property, non-liability if the heir transfers the inheritance to the state or the local community, non-liability when the amount of tax is 80 EUR or lower. The second group of exceptions apply only to the personal income tax residents’ liability for that part of the personal income that is taxed annually (employment income, income from economic activity that is established on the basis of actual revenue and expenses, income from basic agricultural and basic forestry activities, income from transfer of property rights, and other income). Since personal circumstances (e.g. living costs, number of children, age) are taken into account when calculating the annual tax base, the legislator believes that part of the personal income tax is a strictly personal obligation by nature. Hence, it ceases to exist when the tax debtor dies. The heirs are responsible for such tax debts only if the tax is either declared by the tax authority or by the deceased when he is still alive. The author of this paper claims that because the responsibility of the heirs depends on the activity of the tax authority or on the deceased taxpayer and not only on the moment of death, the constitutional equality before the law clause is breached.

Prioritized Examination and its Impact on Commercialization of Patents

Patents play an important role in facilitating transfers of knowledge, and enable commercialization of innovative ideas by reducing information asymmetry between potential buyers and sellers on the market for technology. The crucial question, however, is how quickly innovative ideas can be patented. Previous research has shown that the probability of commercialization for pending applications peaks immediately after the patent allowance event (Gans, Hsu & Stern, 2008). But does the length of pendency of an application at a patent office also affect the overall saleability of a technology and create some frictions on the market for technology? In this paper, we exploit the introduction of the USPTO’s Prioritized Examination (Track One) Program to capture the impact of shortened pendency on the likelihood that a pending or granted patent will be commercialized via the transfer of property rights. Using the difference-in-differences approach, we compare the average saleability of patents, which we assign into three groups according to their predicted propensity for prioritization before and after the program start date. We find that introduction of the Track One program has significantly increased the probability of commercial reassignment of applications that were more likely to be prioritized. Our results suggest that the policy implemented by the USPTO and shortened pendency of applications, in general, may reduce frictions on the market for technology and facilitate commercialization of innovations.

Prawa własności dóbr oraz ich implikacje dla transferu ziemi rolnej

Celem prowadzonych badań było określenie relacji pomiędzy rynkowym a nierynkowym transferem praw własności ziemi rolnej. Badania przeprowadzono w nawiązaniu do drugiego twierdzenia teorii dobrobytu, z którego wynika, że każdą efektywną alokację w rozumieniu Pareto można osiągnąć w wyniku działania zdecentralizowanego mechanizmu rynkowego. Ponadto podjęto próbę udzielenia odpowiedzi na pytanie: jak istniejący system praw własności oddziałuje na skalę rynkowej alokacji zasobów ziemi. Na podstawie uzyskanych wyników stwierdzono, że istnieją możliwości dalszego rozwoju rynku ziemi oraz występują przesłanki stopniowej poprawy efektywności alokacji ziemi w Polsce.

Property Rights Transfer of Land Under Government Regulation Number 24 of 1997 on Land Registration in The Semarang City

The problem in this research is how the implementation of the transition land ownership through of buying and selling in Semarang?, and What are the barriers and solutions to transition ownership of the land by way of sale and purchase in Semarang? Sociological juridical approach, specification of descriptive analytical research. Source of Data are Primary and Secondary Data. Research technique purposive sampling non-random sampling. Data collection techniques by observation and interviews and conducted through the study of literature. Data Analysis Techniques with qualitative analysis methods.The results of the study in this paper the problem is still a delay in registration of transfer of property rights on land that is done by selling under the counter. Pleased with the legal cover for land buyers when buying and selling is done under the hand and is not registered with the Land Office, it is for the buyer of land is not legally strong / weak and limited. It is the duty of the buyer to complete the land to make a statement of deeds delays, physical mastery statement and the statement is not in dispute. The land buyers are often disadvantaged by the implementation of the sale and purchase under the hand, because when to create a deed, the seller had died or had not known where he lived.Keywords: Sale and Purchase of Land, Transfer of Rights, and Government Regulation No. 24 of 1997 on Land Registration.

Transfer by Contract in Kant, Hegel, and Comparative Law

Kant and Hegel offer two very different accounts of contract as a transfer of rights. In this paper, I argue that Kant’s approach largely corresponds to that taken by the German legal system, in which the transfer of property rights arises separately from the original contractual obligation. Hegel’s account of contract is instead most comfortably associated with the approach taken by the French legal system, in which a contract is sufficient on its own to effect a full transfer of property rights. I conclude that only German law and Kantian transfer theory properly conceive of contract as an obligation, while the Hegelian and French approaches risk erasing the obligational content of contract entirely.

Conservation Reserve Program enrollment decisions in the Prairie Pothole Region

The Conservation Reserve Program (CRP) has retained support from farmers and the conservation community for three decades. Beneficial to farmers, the program is voluntary, does not require a permanent easement or the transfer of property rights, and provides fixed income and other financial support. However, high and volatile commodity prices in recent years have increased the opportunity cost of participating, and program enrollment has decreased. This paper considers the influence of contract design on the enrollment decision and estimates the trade-offs between rental rates and program attributes. A stated preference discrete choice experiment was completed during in-person interviews with farmers in the Prairie Pothole Region. Rental payment and establishment cost paid by the government had a direct relationship with likelihood of program enrollment. Tighter restrictions on the use of enrolled land had a negative effect, especially among farmers with livestock. Likelihood of enrollment increased with age, and age decreased responsiveness to increasing maximum bid and to tighter restrictions on land use. Expression of concerns about the CRP affected the degree of responsiveness among farm operators to changes in program attributes. Addressing these concerns through program design or education may serve to increase interest in the program. Farmers were willing to take a lower rental payment under program conditions they considered more favorable including an increased government share for stand establishment and a flexible land use policy. Consideration to introducing CRP contracts with flexible attributes, especially land use constraints, is warranted.

Controversy of Islamic Law on The Distribution of Inheritance to the Heirs of Different Religion

The ability and willingness to have sufficient property is always desired by people because the generations that have enough supply of life is better than the begging ones. However, the ownership or transfer of property rights in Islam is clearly regulated through inheritance, sale, gifts, grants, endowments, alms, and other lawful means, such as loans and mortgages. The ownership or transfer of property through inheritance is an important part of Islam. Inheritance relationship between offspring was not easily done, both based on the particular culture and religion. Among the Hindus, especially in Bali, girls do not receive inheritance. The same also applies to Western society in England some time ago. In Padang-Muslim society, men do not receive it. In Javanese society, inheritance is divided equally, without differentiating boys and girls. Such inheritance is based on the cultural standards and anthropocentric paradigm (man as the center of everything). Interesting to be studied is the case in which Muslim whose parents or relatives are still non Muslims or live in a non Muslim state, when they died, the children are legally entitled to the inheritance of their parents or relatives, while in the hadith narrated in Bukhari and Muslim explicitly stated the prohibition of inheritance of different religion.

Leading Governments' Legal Initiatives of Innovational Development in the Sphere of Commercialization of Intellectual Products

The article analyzes the best practices in the legal guaranteeing of the commercialization of intellectual products that were tested by the leading governments in innovation development. Authors rely on the fact that legal definition of the functions of government entities in innovation and coordination is necessary to come up with a unified state approach in prioritized directions of innovation policy.The article proves that the transfer of property rights and the opportunity of commercial to those who came up with intellectual products , will act as a stimulus to improve the effectiveness of technological innovation and will attract private investors, as well as expand the market for intellectual products. The study analyzes the opportunities to utilize the mechanisms of legal integration, coordination, unification in order to solve the problems in the sphere of commercialization of intellectual assets.Authors deduce that legal regulation of commercialization of results from intellectual activity is not possible at early stages of national principal of legal protection, and there is a need for a step-by-step transition towards the integration of legal regime of intellectual property in the scale of intergovernmental societies that are connected by mutually beneficial economic interests.

Problem of permissibility of fiduciary transfer of property in our law: Proposals de lege ferenda

Institut or fiducia comes from Roman law, and is most often used for fiduciary transfer of property to manage assets (fiducia cum amico contracta) and the fiduciary transfer of property in order to secure receivables (fiducia cum creditore contracta). Fiduciary transfer of property rights is reaffirmed due to visible advantages over other security claims. The most important advantage of fiduciary agreements compared to a lien security is reflected in a much faster collection of receivables, since, this shortens lengthy court procedures. Fiducijant or borrower from basic contract, at the time of conclusion of the agreement transfers ownership of the property to the trustee or creditor. Unlike the lien, where it is impossible, in case of fiduciary borrower agreement object of security can remain in the possession of creditor, and is used, inter alia, for the recovery of the creditor. Divergence of legal form and economic content is typical for this institute, and some theorists, such as Gams, reinforce the belief that such legal transactions are illegal. National courts very often declare fiduciary transfer of property as forbiden, subsuming it under a ban of lex commissoria. However, the prevailing attitude of Serbian civilistike is that the institution of fiduciary agreements is allowed because it is not contrary to the general prohibition of violation of compulsory regulations, public order and good customs. Fiduciary agreements are not regulated by applicable legal regulations in Serbia. Some authors believe that, after the institute of the mortgage of the movable property entered in register has became the parte of our legal system - reasons for the legal regulation of fiduciary transfer of property no longer exist. The author of this article disagrees with this position and advocates for the incorporation of this institute in Serbian laws, both because the fiduciary transfer of property is suitable for the creditor than the non-possessory lien, and because of the fact that this institution already exist in the legal practice. Parties that secure their claims in this way often encounter a lack of understanding and of the courts, and that is why they are brought into a situation of legal uncertainty. Institute 'fiducia cum amico contracta' has also experienced a reaffirmation in some continental legal systems. Author of this article is of the view that this institute would have beneficial effects on legal market and further development of economic relations in Serbia.

Analyzing the transfer of immovable property rights for urban resilience: An alternative land management model for the Karaburun–Cesme–Seferihisar Peninsula

This paper discusses the transfer of property rights as an active strategic tool that defines space (re) production, development, protection, and management processes and presents a creative approach and a perspective for urban resilience by an alternative land management model proposal. The discussion in this paper largely differs from the understanding of the concept both by the planning institution and the majority of academic studies. While the planning institution approaches the transfer of property rights as a passive ingredient, academic studies focus mainly on the outcomes of this transfer in economic terms and they fail in defining the necessary strategies, policies, and regulatory tools to decrease risk and negative impacts. The alternative approach presented in this paper suggests that property rights as a creative approach and policy tool for urban resilience should be examined on the basis of the relationship between partial interests in property; relative to value, land use, the location and the amount and type of real property transactions. A coastal region in Turkey where all types of historical, cultural, and natural resources are concentrated, but rapidly destroyed with the pressure of tourism, energy investments, and secondary housing is selected as a case for the analysis of the effects of the property market with the planning/urbanization problems in the region. The case study takes into account the internet data of transfer values by property types in the year 2008. The case study is used for presenting an administrative model that is implemented through and understanding for spatial planning to achieve urban resilience. This understanding is based on the concepts of integrated coastal zone and protection area management that are realized by controlling and directing transfers in order to limit the impact of the market and planning institutions.

Firm behavior under quantity controls: The theory of virtual quantities

The theory of virtual quantities, the dual to virtual prices, provides a framework to analyze competitive multiproduct firm behavior under multiple quantity controls on inputs and outputs, including command-and-control quotas and transferable property rights. The framework addresses the firm׳s reactions to regulatory controls, impacts of adding or dropping quantity controls, inferring unrationed from rationed production, and conversion from command-and-control quotas to cap-and-trade systems with transferable property rights and secondary market behavior. The paper develops reasons for failure of quasi-concavity of technology, extends the elasticity of intensity׳s properties, and integrates the virtual price and virtual quantity frameworks. Virtual quantities are applied to assess potential firm responses to quantity controls and a potential transferable property right in a Malaysian fishery.

Beyond compensation: Integrating local communities’ livelihood choices in large carnivore conservation

Conserving biodiversity in human-dominated regions of the world is complex, particularly in case of large carnivores where perceived conflicts exist with economic development, expanding human populations and livelihoods. Using a systematic ‘bottom-up’ consultative framework, based on a choice modelling approach that accounts for heterogeneity in the population, we explore alternative strategies that meet conservation and human development goals. Focusing on the Gujjars, a pastoralist community in northern India our research identifies the community's preferred government support measures to encourage coexistence with tigers. We find that direct losses from predation are secondary concerns compared to development measures despite these losses being comparable to other tiger landscapes. Further we found that almost all sampled households (283/292) preferred resettlement over any form of coexistence, with positive preferences for larger land-sizes, the immediate and permanent transfer of property rights, a government-built house and the potential to generate a living from agro-pastoralism. As resettlement would avoid conflict with tigers and lead to habitat and prey recovery, it follows that tiger conservation and human development goals could be best realized by securing vast areas of inviolate tiger habitat through community resettlement to acceptable locations away from tiger habitat. Although Gujjars in our case study prefer resettlement as the way forward, we highlight the need for a responsive policy and institutional framework that can accommodate local needs and ensure there are adequate opportunities for the creation of sustainable livelihoods within tiger habitats. More generally, we show how different outcomes for tigers and humans can be explored empirically to generate better outcomes for carnivores and people at a landscape scale.

Locke on Territorial Rights

Most treatments of territorial rights include a discussion (and rejection) of Locke. There is a remarkable consensus about what Locke's views were. For him, states obtain territorial rights as the result of partial transfers of people's property rights. In this article, I reject this reading. I argue that (a) for Locke, transfers of property rights were neither necessary nor sufficient for territorial rights and that (b) Locke in fact held a two-part theory of territorial rights. I support this reading by appealing to textual and contextual evidence. I conclude by drawing a lesson from Locke's views for current debates on territorial rights.

Property rights and intra-household bargaining

This paper examines whether an individual-level transfer of property rights increases the individual's bargaining power within the household. The question is analyzed in the context of a housing reform that occurred in China that gave existing tenants the opportunity to purchase the homes that they had been renting from their state employers. The rights to each housing unit were granted to a particular employee, so property rights were defined at the individual level rather than the household level. The results indicate that transferring ownership rights to men increased household consumption of some male-favored goods and women's time spent on chores. Transferring ownership rights to women decreased household consumption of some male-favored goods.

Pricing for corporate property rights transfer with stochastic markets

This paper employs the real option theory to develop a pricing model for the transfer of property rights. We list the conditions for the good, intermediate and bad firms respectively, and work out the closed-form solution to the equilibrium transfer price, the optimal transfer timing. Using the comparative static analysis, we find that for good firms the transfer price of the target is increasing in its capital. The higher the capital of the target owns, the faster it will be transferred. For intermediate and bad firms, similar conclusions can be derived. The larger gap between the acquirer’s size and market power and those of the target, the lower the transfer triggered price. The transfer price goes up as the capital ratio of the acquirer over the target diminishes, while it is decreasing in the amount of the capital the target owns.

Tax duties and entry into the cadastre of real estates: Commentary following the decision of the Constitutional Court of Serbia

This article describes what happened to the rule according to which it was not possible to register property and related rights into the registry on real estates without a prior fulfillment of tax duties related to the transfer of property rights, as well as tax duties in relation to inheritance and donations. Inadequacy of this rule and its incompatibility with our legal system has been assessed through its inconsistency with the Constitutional guarantee on the peaceful enjoyment of property, but also with the property law. Along the same lines the article follows the reasons given by the Constitutional Court in its decision on the inconsistency of the given rule with the Constitution in which the Constitutional Court opined that the rule that was struck down was also contrary to certain principles of the cadastre on real estates, such as the principle of the entry into cadastre. Regardless of the fact that the old rule significantly facilitated tax collection, this still cannot justify its existence and should not serve as the ground for a possible (third) re-introduction of this rule into the system.

Are the Terms and Conditions Offered by Cloud-Servers Safe for Personal Health Record-Keeping?

Purpose: This exploratory paper investigates the terms and conditions offered by cloud service providers, questioning whether these are a safe environment for personal health record-keeping with regards to privacy, security and intellectual property control among other factors. We focus on evaluating the extent to which the privacy of sensitive information is protected in these systems as well as the extent to which terms provided comply with relevant regulations. Whilst many people may be excited about the introduction of cloud solutions to managing their personal health information, there are questions that we urge the public to ask before entrusting their sensitive health records to any cloud-service system. Methods: This is an exploratory research based on Internet resources about terms and conditions offered by common cloud service providers used by many people. The researcher explores terms and conditions of four common cloud-servers, namely: Dropbox, Google Drive, Microsoft Health Vault and Microsoft’s SkyDrive. To further augment the study, the researcher conducted a randomized, questionnaire-based survey at a local university in Zimbabwe, and engaged 100 users to provide responses regarding their use of these cloud-servers as processing and storage centres for their personal health records. Results: The study establishes that users rarely read the terms and conditions; very few are concerned with finding out about the privacy, confidentiality and intellectual property issues pertain to their information stored in the cloud; yet, there is a potential loss of valuable information, or at least un-monitored transfer of property rights that may need careful scrutiny to decipher. Conclusions: Several recommendations are made, among which include education of users to understand the meaning of terms and conditions offered, a call for the simplification of the terms and conditions and probable use of local ‘home-grown’ solutions. Keywords: Cloud Server Solutions, Personal Health Records, Privacy and confidentiality

Elite Capture in Local Fishery Management Post-Socialist Experiences from Albania

Local self-governance based on institutions for collective action can help overcome social dilemmas in the management of complex Common Pool Resources, such as fish. A common path towards local self-governance is decentralization, and within this context, a transfer of property rights from central government to local resource users. Yet, despite the well-documented successes of many decentralization policies in support of local common property regimes, the phenomenon of elite capture remains a risk. This paper investigates elite capture in Albania’s Lake Ohrid fishing region. Our empirical findings draw onto an in-depth case study on local consequences of 2002’s decentralization efforts by the Albanian fishery administration. We show how ‘blueprint’ approaches, top-down implementation, and weak institutions led to further empowerment of privileged locals. Our findings further indicate how those privileged locals realize significant personal gains at the expense of distributional inequity within the community. Specifically original insights are derived from our analysis of implications from the post-socialist context, which we show to facilitate capture because of a common susceptibility for destructive leadership and a lack of confidence in collective action. We believe that to understand those contextual peculiarities - and to act upon this understandingrepresents a pivotal prerequisite to the functional and equitable governance of common property regimes in any transitional society.

Elite capture in local fishery management - experiences from post-socialist Albania

Local governance based on institutions for collective action can help overcome social dilemmas in natural and agricultural resource management. A common path towards local governance is decentralisation, and within this context, a transfer of property rights from central government to local resource users. Yet, despite the successes of many decentralisation policies, the phenomenon of elite capture remains a risk. Our paper investigates elite capture in Albania’s Lake Ohrid fishing region. We aim to contribute to the state of knowledge by identifying determinants for elite capture. Our empirical case shows how ‘blueprint’ approaches, top-down implementation, and weak institutions led to further empowerment of privileged locals, who realise personal gains at the expense of distributional inequity within the community. Specifically original insights are derived from our analysis of implications from the post-socialist context, which we show to facilitate capture due to a common susceptibility for destructive leadership and lacking confidence in collective action.