Types Of Property Rights Research Articles

On the Nature of Digital Rights and Low-volatile Digital Currencies

The article discusses topical issues related to the nature of tokens. First, the author pays attention to the proximity of the legal nature of tokens to uncertified securities, which are also a mechanism for accounting for property rights, and not an independent type of property right. Secondly, the author resorts to a comparative legal method when studying the institute and points to the existence of a mechanism for creating digital forms of certification of property pairs in France and Germany. Thirdly, the article contains special interpreted phrases “without reference to a third party” of article 141.1, paragraph 1, of the Civil Code of the Russian Federation, which does not impose prohibitions on any types of intermediation in the market of tokens. Fourthly, the article analyzes the ratio of low-volatile digital currencies to tokens, indicates the difference in their legal nature.

The Construction of Data Property Rights in the Age of Digital Economy

In the era of digital economy, data has become a very important resource and wealth. As the proportion of digital economy in the gross national product or national wealth continues to rise, how to better protect and utilize data has become a major issue of general concern to all countries. This paper analyzes the legitimacy and reasonableness of data empowerment from various perspectives, and finally concludes that the optimal path to protect the property rights and interests of various types of data lies in the construction of a new type of property rights, i.e., data property rights. Based on this, this article takes the formulation of general systems, the establishment of protective measures, and the clarification of exception restrictions as the basic framework, combined with the theoretical research status and practical production needs of data property rights, to conceive and explore the construction of data property rights system.

The Impact of Digital Investment on Corporate Environmental Performance in The Context of "Dual Carbon" Goals

The dual carbon strategy of "carbon peak and carbon neutrality" is an essential path for high-quality development and poses new practical demands for the transformation and upgrading of corporate development strategies. Based on data from listed companies in China from 2018 to 2022, this study explores the relationship between digital investment and corporate environmental performance and introduces organizational resilience as a moderating variable to analyze its impact. According to the research, organizational resilience acts as a positive moderator between digital investment and business environmental performance, whereas the former has a detrimental impact on the latter. Robustness tests confirm the validity of the conclusions. . Robustness tests confirm the validity of the conclusions. Heterogeneity analysis reveals that the effects of digital transformation are asymmetrical, depending on the type of property rights, the region in which a firm operates, and the extent of CSR that is done. In order to balance economic and environmental performance, companies should strengthen their green innovation capabilities during digital transformation. They should also recognize the beneficial moderating role of organizational resilience, proactively enhancing their stability and flexibility in the face of unforeseen circumstances.

ПРАВОВІ МОДЕЛІ СИСТЕМИ РЕЧОВОГО ПРАВА В ЦИВІЛЬНОМУ ЗАКОНОДАВСТВІ

Background. The article reveals and compares the main characteristics of two models of building a system of property law in civil legislation that compete with each other in the world legal doctrine. One of them, which historically arose at the end of the 19th century in Germany, reveals property law as a system of legal relations, which, according to the intention of its developers, should correspond to the main direction of civil law regulation with a focus on relations, not rights. However, the internal contradictions inherent in such a concept made it necessary to substantiate its expediency in law due to the dualism of the legal nature of civil rights, including property rights, when the latter were considered not only as a legal connection between a person and an object (subject-object approach), and primarily as a relationship between persons in relation to the object (subject-subject approach). As a result, in property law we can see such types of property rights that are not typical and are not actually varieties of property rights. The property nature of these rights is proven not through the characterization of the content of these rights (qualifying features), but through the characterization of the legal relationship in which such rights can arise, exercise and terminate. Methods. To achieve the purpose of the study, the author used the following methods: formal and logical, dialectical, and comparative. Results. The author notes that the working group on recodification of the civil legislation was officially established by the Cabinet of Ministers of Ukraine and included all the shortcomings inherent in the model of the system of property law as legal relationships in the Concept for Updating the Civil Code of Ukraine (2020). In view of this, among other things, it is proposed to introduce into the civil legislation of Ukraine such new types of property rights, which actually have a binding, not a property, nature. Conclusions. It is proved that the model of the system of property law as relationships does not correspond to the legal system of Ukraine, since the civil law doctrine clearly distinguishes and does not equate the concepts of "legal relations" and "civil rights" in law, and because the nature of property rights is different from the nature of property relations and is even broader. The civil legislation in Ukraine should apply the concept of property law as a system of property rights, where the latter are determined exclusively by the characteristics of the connection between a person and an object (qualifying features of property rights).

Hukum Agraria Berdasarkan Kearifan Lokal Pulau-Pulau Kecil Perbatasan dan Hukum Lingkungan Hidup Wilayah Pulau-Pulau Kecil Perbatasan

Ownership rights to land as a type of property right are very important for the state, nation, and people of Indonesia as an agrarian society which is developing towards industrial development and so on, but land is the basic life for humans. Various existing governance concepts, its validity as a basis for agrarian management must be tested again. With these actions, it is hoped that there will be synergy between agrarian issues and an environmentally based management orientation. The aim of the service is to provide legal understanding related to agrarian law based on local wisdom and environmental law in small island border areas. The Service Method is carried out in a lecture by each presenter, the presenter is given time to present the material, after that the participants are invited to ask problems or questions which are then answered in turn by the presenters according to the problem being asked. The results of this community service activity are one form of tridharma activity for educators to play a role in resolving problems that occur in the community, especially regarding Agrarian Law Based on Local Wisdom and Environmental Law on Small Border Islands through legal counseling that discusses the customary rights of customary law communities. encounters development, resulting in changes in the community's living environment.

Virtual property from the position of the digital intellectual economy: theoretical foundations of digital law

The article examines the formation of a humandigitalenvironment as a society using digital technologies. It is studied from the standpoint of a real and virtual or material and relatively abstract environment where therights to intellectual property objects dominate as a digital right of a person when using digital tools that enable the use of various digital technologies, as well as fundamental digital rights that require a new understanding. It is noted that the right of virtual property should be distinguished from the right of intellectual property and defined as a specific type of property right. The virtualization of intellectual property is considered as a process of transition from digital intellectual property to digital virtual intellectual property with the corresponding signs of the development or creation of new objects that have an economic value equivalent to material things. In the conditions of digital individualization, the main feature of property rights is the domination of a person over a virtual thing. Virtual space allows the owner of virtual objects to own, use and dispose of them. On the basis of the virtualization of property in the system of using technological platforms, a human-digital system is formed using the latest digital technologies and digital communication with the observance of digital law. Amore complex phenomenon is considered in which virtual owner(s) or implicit owner(s) appear, relying on artificial intelligence. In this regard, the rights are dissolved in a system of transformed computer programs and digital technologies which is gainingpace of development of the digital human rights to digital objects or instruments of virtual property. They are replaced by a virtual or conditional author, a digital administrator as a digital person or a subject of digital legal relations where the value of the real right is lost as the domination of a person over a virtual thing, and only commercial economic dominates an interest that may take the form of a monopoly in the market of digital services. Virtual property is becoming the main legal construct in the system of the digital economy of intellectual property, where there are distinctive features of virtual intellectual property rights in relation to real intellectual property rights.

Quantifying an influence of green credit on digital technology innovation: financial perspective of a China's case study.

This paper examines the impact of green credit (GC) on digital technology innovation based on Chinese enterprises using panel data from 1990 to 2016. The study collected panel data from the 40 Chinese firms listed on the Beijing and Wuhan stock markets. Manufacturing companies were selected because they mainly contribute to green credit from pre- and post-policy periods. First, inthe "two high and one surplus" sectors, the application of China's Green Credit 2012 could significantly increase total factor digital technology innovation by 1.21%. Results show a considerable drop in the variable values of digital technology innovation, 61.3%; green credit policy, 10.45%; leverage, 21.0%; and green innovation, 85.4%. Theresults of theabsolute value of standard error after matching is much lower than 20.0%, demonstrating that the variable features of the two sets of samples are similar. In conclusion, GC's impact on the FDI of capital was asymmetrical, reflecting various impacts on businesses with various types of property rights and sizes.

Recodification of the Civil Code of Ukraine and principle of legal certainty

The article deals with the issues of improving the legal regulation of civil relations in the Civil Code of Ukraine in the process of its recoding with ensuring compliance with the principle of legal certainty, which is one of the main components of the principle of the rule of law. It is argued that one of the main tasks of updating (recoding) the Civil Code of Ukraine should be full compliance with the principle of legal certainty in legal regulation, which ensures predictability of law enforcement and promotes stability of civil relations and civil turnover. Problems of legal regulation of property rights, forms and types of property rights, in particular, collective ownership, are considered. Particular attention is paid to the introduction of trust property as an eff ective way to ensure the rights of creditors. Problems of protection of civil rights are considered and the position on necessity of refusal of the closed list of ways of judicial protection of civil rights and the interests protected by the law is argued. Key words: principle of legal certainty, property rights, protection of civil rights.

Fragmented Property Rights and Residents’ Participation in Renovation of Old Communities: Comparative Case Studies in Haikou, China

Insufficient residents’ participation in the renovation of old communities is ubiquitous in urban China. This paper attempts to explain the reasons for this phenomenon. Based on the theory of anti-commons, this research intends to explore how the fragmentation of property rights impedes residents’ participation, and then unravel the mechanism of conflicts and cooperation among various stakeholders in renovation projects. Abundant qualitative data in terms of the situation of property rights were collected by semi-structured interviews from fieldwork on seven renovation projects in Haikou, Hainan Province, China. Then we compared the seven projects to examine the relationship between property rights and resident’s participation. This study shows that characteristics of residents’ participation vary from types of property rights in the renovation of old communities. Residents’ participation can be facilitated by the privatization of property rights, but fragmented property rights tend to impede participation. Meanwhile, administrative obstacles between street offices, residents’ committees, and homeowners’ associations will ebb residents’ motivation for participation. Yet the homeowners’ association plays an important role in dispute handling, which can promote residents’ involvement.

On Some Features of Making a Residential Real Estate Purchase Agreement

The article discusses the specifics of the transaction of residential real estate purchase agreement in terms of ensuring the rights of persons with an indefinite right of residence in the residential premises being sold. Separately, the issue of determining the shares of family members when purchasing residential premises using the funds of maternal (family) capital is raised. The combination of general legal and private legal methods of cognition made it possible to analyze and summarize the materials of law enforcement practice and suggest ways to improve the current legislation. In particular, the revealed legal uncertainty in the implementation of these issues, which leads to a violation of law and order and the need, firstly, for the legislative consolidation of an independent type of property right of the owner's family members who did not participate in the privatization of residential real estate, and secondly, the specification in the legislation of the procedure for transferring shares to minors when acquiring residential real estate using the means of maternal capital.

Political Divide, Weak Property Rights, and Infrastructure Provision: An Empirical Examination of Takings Decisions in Jerusalem

In this article I use a unique hand-coded dataset of all expropriation exercises in Jerusalem over a twenty-five-year period to test the distribution of the expropriation burden across political communities. I identify the ethnoreligious group to which the impacted landowner belongs and the community that would benefit from the decision. I find that Palestinian property constitutes 38 percent of all land taken over the years, while only 10 percent of all land taken has been repurposed for their local community needs. Conversely, Jewish owners have contributed only 4 percent of all land taken while benefiting from 33 percent of the land taken for their community needs. I also find that land not owned by Jews has a higher propensity to be taken for citywide purposes by ten to twenty-three times than Jewish land, depending on the purpose and the type of property rights involved. This sharp gap can be attributed to the political power relations in the city. The case study enables me to test the relationship between weak property rights and infrastructure provision. As property rights are formally recorded and recognized selectively in some but not in all parts of the city, the article provides the first empirical evidence to the effect of weak property rights on the risk of expropriation. I find that the propensity for noncommunity purpose takings of nonformalized land for which Palestinians claim ownership but have no official records to is significantly higher when compared to formalized Palestinian land. This outcome contradicts the conventional wisdom in the literature that weak property rights help explain limited infrastructure development.

Property Claims on Antibiotic Effectiveness

Abstract The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering the resource as common heritage of humankind.

Differentiation of the Legal Regulation of the Pledge Depending on from the Object

The article raises the question of differentiating the legal regulation of legal relations arising from a pledge, depending on the object of the pledge. Of course, the pledge as a way of securing the fulfillment of obligations is characterized by common features and general approaches to regulation, regardless of the object, at the same time, the features of individual objects require the specification of the relevant rules. The ongoing debate in science regarding the ratio of objects of civil rights, as well as the lack of unity on the issue of the ratio of individual objects, gives rise to a discussion regarding certain types of collateral, classified depending on the object. The author pays special attention to the pledge of property rights and proposes an approach on the relationship between certain types of property rights, in particular, rights of obligation, rights of participants in legal entities and exclusive rights to the results of intellectual activity.

CERTAIN ISSUES OF LEGAL REGULATION OF THE LAW OF OWNERSHIP UNDER THE LEGISLATION THAT ACTED ON THE UKRAINIAN LANDS AT THE BEGINNING OF THE XIX CENTURY, WHICH WERE PART OF THE RUSSIAN EMPIRE

In the scientific article the author conducts a comprehensive study of the peculiarities of legal regulation of property rights under the legislation in force in the Ukrainian lands, which were part of the Russian Empire in the first half of the nineteenth century. rights, including the “Collection of the Rights of Little Russia”, the Civil Code and the Code of Local Laws of the Western Provinces. As a result of research, the author concludes that the development of the institution of property rights, as well as the codification process in the first half of the nineteenth century. accompanied on Ukrainian lands by significant state and social changes. Depending on how social relations developed and statehood was born, values also changed, priorities expanded, and property increasingly needed legal protection and security. A complex codification process was needed to clearly ensure and legally regulate property and property relations. In particular, the work of 1804–1807 on the systematization of Ukrainian legislation led to the streamlining of the collection of norms, which went down in history as the “Collection of Little Russian Rights” in 1807. This document was a significant contribution to the formation, formation and provision of the foundations for the development of codification law in the Russian Empire in the XIX century. This normative act corresponded not only to the features of clarity and consistency of presentation of material, which was not inherent in imperial law, but also, above all, the goal of legal support was achieved. Subsequently, drafts of the Civil Code and the Code of Local Laws of the Western Provinces of 1837 were issued, which defined the types of property rights, as well as clearly delineated the powers of possession and disposal with property rights, which were absent in previous systematic collections of law. These processes ended with the publication in 1842 of the Complete Collection of Laws of the Russian Empire – a document whose rules governed social relations in the Ukrainian lands during the second half of the nineteenth century and the first third of the twentieth century.

The Influence of Chosen Statistical Methods of Detecting Outliers on Property Valuation Result

Abstract The subject of the thesis concerns the application of selected statistical methods searching for outliers in the process of determining the value of real estate, based on a functional model adjusted to market data. The collected research material consisted of data on land properties, which were the subject of transactions on local markets, for which there was no information regarding the specific conditions of concluding the sale agreement. After the initial selection of data regarding the purpose of the property in the local plan, the type of property rights being sold and the size of the shares sold - a functional model was adjusted to the obtained data, showing the relationship between the price being the dependent variable and the features of the property being the independent variables. Then, two statistical methods of searching for outliers which are significantly different in their algorithms, i.e. Cook’s distance and robust estimation method called Pope’s method, were applied to each model. The last stage was to determine the model values of selected properties and to compare the obtained results with the known transaction prices of the parcels being the subject of the valuation. The conducted research allowed for the verification of the influence of significantly different statistical methods searching for outliers on the property valuation result and its accuracy.

Оwnership as a legal category

The article is devoted to the analysis of ownership in Ukraine. Features of ownership as a legal category that is inherent in real and compulsory relations are investigated. The legal aspects of ownership used to characterize the acquisition period are clarified. The legal consequences of actual domination of a thing are described. Thus, ownership in civil law is considered as the subjective right of the owner and as a separate real right to own someone else’s property. In civil law, ownership is considered as a subjective right of the owner or other persons, and not as an object of subjective rights. The actual content of a thing without a legal basis should not be identified with the right of ownership in the legal aspect. The stay of the find in fact with a person who has found a thing for six months while the unknown owner of it should not be interpreted as a right of ownership, since in the Civil Code of Ukraine the right of ownership is considered among the types of real rights to someone else’s property. The latter in turn arise on the basis of the will of the owner or the law, and in the case of a dispute — on the basis of a court decision. The positions on the protection of the right of ownership over acquisition time in the judicial procedure are justified. Real ownership is one of the oldest known under Roman law. It covered two aspects: the independent type of property rights and one of the powers that constitute ownership. Since the time of Roman law, attention has been focused on the absolute nature of ownership in the form of domination of things. Dominance can be seen in the factual and legal aspects. The establishment by the courts of the fact of bona fide possession of a thing for a period determined by law can be carried out in a separate proceeding. But it cannot recognize the ownership of a thing in order to consider cases of separate fact-finding proceedings of legal importance. Key words: right of possession, property right, rights, acquisitive prescription.

Legal structure “law of trusts” in the civil legislation of Ukraine

The article gives the legal characteristics of the newly introduced structure "law of trusts" in the civil legislation of Ukraine. The current status and possible prospects for the development of this legal institution in our state are clarified. In particular, the two-fold character of the legal nature and the ambiguity of the assessment of “law of trusts” were noted. Firstly, as a type (Article 546 of the Civil Code of Ukraine) and a method (Article 597 of the Civil Code of Ukraine) of guaranteeing the fulfillment of an obligation. Secondly, as a special type of property right (Article 316 of the Civil Code of Ukraine). Moreover, in all senses, the "law of trusts" causes numerous comments by specialists, which causes controversy and the necessity for further changes. The right of trust should be considered in a broad understanding of the significance of this legal phenomenon. It may include the transfer of property rights for the purpose of managing it in the interests of a fiduciary (fiducia cum amico), and the transfer of property rights in order to ensure the fulfillment of a loan obligation (fiducia cum creditore). Therefore, the idea of limiting at the legislative level of this phenomenon of an exclusively interim function is doubtful and may have long-term consequences with a further understanding of this legal phenomenon and the implementation of foreign practices. The introduction at the legislative level of the institution of trusts as a type and method of ensuring the fulfillment of an obligation with an attempt to provide him with dual content of a legal nature is nothing more than an attempt to replace the content with a form. The legal construction of law of trusts introduced by the legislator is, by its legal nature, a surrogate for mortgages in its “super form”. In it, the lender is “facilitated” by the mechanism of foreclosure on property, through ownership of the title. Trust property as a type and method of ensuring fulfillment of an obligation cannot be considered as a special type of property right without a doctrinal and legislative review of the content of the owner’s eligibility. At the legislative level, it would be more successful to implement the evolutionary form of trust - title support as a way to ensure fulfillment of an obligation without “obscuring” in its nature the attributes of this type of right to things as property right, albeit with the provision of a special type of property. Trust property as a way to ensure the fulfillment of an obligation (title security) should be consid-ered as a type of right to things to another's property, and not as a special type of property right with a defect in the content of eligibility.

The Numerus Clausus Principle in Contemporary Australian Property Law

The numerus clausus principle is one of key metaprinciples of the property law of common law systems. It refers to a 'closed list ', or a set menu, of finite types of property rights. In land law, it limits the number to less than a dozen comprising the estates, the servitudes and the security interests. The rationale that underpins this metaprinciple is the idea that by simplifying the range of rights, it is easier for prospective purchasers to discover how rights over land have been fragmented. This article examines the contemporary application of the numerus clausus principle in recent Australian case law. It argues that while historically it may have operated to impose an optimal standardisation on the number ofproperty rights, it now unduly restricts the development of property law. The basic reason for this is that cheap and eflcient registration systems have substantially removed the problem the numerus clausus principle was originally meant to solve. These systems not only make it comparatively easy to discover idiosyncratic packages of rights over land, but it forces those who create them to register if they are to be enforceable against third parties.

Realization of the ownership competence in land relations by local councils

Land plots owned by territorial communities of villages, settlements, cities, city districts can be combined as objects of their rights with the emergence of their joint ownership and transfer of these objects to the management of district and regional councils, representing the common interest of territorial communities villages, settlements, cities. At the same time, territorial communities do not lose their ownership rights, but the ownership of oblast and rayon does not arise. Only the legal regime of communal property and the authority authorized to manage it changes. Regional or district council become owners instead of the corresponding village, settlements, cities or city districts, depending on which territorial communities unify their property, including land plots. Part 3 of article 86 of the Land Code of Ukraine established that subject of the right of joint ownership of land plots of territorial communities may be rayon and oblast councils. Such position of the legislator seems controversial, because art. 80 of the Land Code of Ukraine does not call rayon and oblast councils as the subject of ownership of land.Thus, rayon and oblast councils, on the one hand, are defined as managers of united land plots, which are the objects of the right of joint ownership of territorial communities, and on the other – recognizes their right of joint ownership on land plots of territorial communities.One of the possible solutions to problems related to the management of united land plots of communal property is the use of the norms of the civil law institute of trust ownership. This institution is borrowed from Anglo-American law and according to part 2 of art. 316 of the Civil Code of Ukraine is defined as a special type of property right. Under such a model of legal regulation, the ownership of two subjects comes into ownership on the united land: nominal owners – territorial communities of villages, settlements and cities (founders of trust property) and trusted owners - rayon or oblast council. It is the rayon or oblast council that will manage the united land in the interests and in favour of the territorial communities of villages, settlements and cities as founders of trust ownership.

Personal Data Rights in the Era of Big Data

Personal data rights in the era of big data involve coordination of the protection of civil rights and interests of natural persons on the one hand and the freedom of data companies’ data activities on the other. Personal data can be the object of civil rights and as such should be regulated and protected through the system of private rights. The right of natural persons to personal data is aimed at protecting their self-determination interests in relation to those data and thus preventing the infringement of existing personal and property rights due to the illegal collection and use of personal data. Unlike real right, the right of natural persons to personal data is not an absolute right that can be positively employed; it is protected by tort law only if its infringement leads to the infringement of other civil rights. Data companies’ right to personal data derives from their factual actions in legally collecting, storing and paying for these data. The data rights of data companies are a new type of property right. Their protection cannot be left solely to anti-unfair competition law; rather, they should receive systematic protection as absolute rights.