scholarly journals Miteigentum an Grundstücken und einfache Gesellschaft

10.38107/022 ◽  
2021 ◽  
Author(s):  
Nicole Roth
Keyword(s):  
Real Estate ◽  
Practical Relevance ◽  
Legal Institutions ◽  
Joint Ownership ◽  
The Law ◽  
Ownership Arrangement

Although there is agreement that a pro rata entitlement is permissible in the simple partnership, the necessary interaction of Art. 646 ff. ZGB on co-ownership law and Art. 530 ff. OR on the law of the simple partnership is dealt with only rudimentarily. This is the point at which the work picks up, in that the two institutes of co-ownership and simple partnership are examined individually as well as in relation to their coordination possibilities in the case of real estate. The fundamental discussion of the legal institutions of co-ownership and simple partnership yields further insights of practical relevance. Thus, the delimitation difficulties between co-ownership and joint ownership as a result of simple partnership are also presented, general indications for the structuring of an agreed co-ownership arrangement are provided, and the concerns raised in the doctrine regarding pro rata entitlement in simple partnership are discussed.

On the Artifactual—and Natural— Character of Legal Institutions

2018 ◽  
Author(s):  
Corrado Roversi
Keyword(s):  
Natural Law ◽  
Common Ground ◽  
Legal Positivism ◽  
Legal Institutions ◽  
Human Beings ◽  
Legal Realism ◽  
Natural Law Theory ◽  
The Law ◽  
Theory Of Law

Are legal institutions artifacts? If artifacts are conceived as entities whose existence depends on human beings, then yes, legal institutions are, of course, artifacts. But an artifact theory of law makes a stronger claim, namely, that there is actually an explanatory gain to be had by investigating legal institutions as artifacts, or through the features of ordinary artifacts. This is the proposition explored in this chapter: that while this understanding of legal institutions makes it possible to find common ground between legal positivism and legal realism, it does not capture all of the insights offered by these two traditions. An artifact theory of law can therefore be necessary in explaining the law, but it will not suffice to that end. This chapter also posits that legal artifacts bear a relevant connection to certain conceptions of nature, thus vindicating one of the original insights behind natural law theory.

scholarly journals Why Do People Comply with the Law? Legitimacy and the Influence of Legal Institutions

2012 ◽  
Author(s):  
Jonathan Jackson ◽  
Ben Bradford ◽  
Mike Hough ◽  
Andy Myhill ◽  
Paul King Quinton ◽  
...  
Keyword(s):  
Legal Institutions ◽  
The Law

scholarly journals ZAWŁASZCZENIE NIERUCHOMOŚCI NA PRZYKŁADZIE DZIAŁAŃ WOJENNYCH Z POCZĄTKU XVII WIEKU W RZECZYPOSPOLITEJ OBOJGA NARODÓW. Z BADAŃ NAD PRAWEM ZDOBYCZY WOJENNEJ W EPOCE NOWOŻYTNEJ

2017 ◽  
Vol 16 (4) ◽  
pp. 59
Author(s):  
Karol Łopatecki
Keyword(s):  
Real Estate ◽  
Early Modern ◽  
17Th Century ◽  
Military Operations ◽  
Law Of War ◽  
Legal Situation ◽  
The Law ◽  
Grand Duchy

Property Requisition: A Case Study of early 17th-Century Military Operations for Research on the Early Modern Law on War TrophiesSummary This article is on the requisitioning of property by soldiers stationing on enemy territory. The author presents the law on war trophies in force in Poland-Lithuania in 1609–1619, when the country was at war against the Grand Duchy of Muscovy. In particular he examines a protestation lodged by Stanisław Galiński, a Mazovian nobleman. This document provides evidence that pursuant to the Polish-Lithuanian law of war abandoned property could be lawfully requisitioned providing the party taking possession of the vacant real estate became its effective holder by taking over its management. This theory is confirmed by a 1613 parliamentary resolution which allowed for the confiscation of requisitioned property from soldiers who could not prove their title to tenure on these grounds. The legal situation of requisitioned properties was similar to that of property held by the Muscovite boyars of the Smolensk region, who were granted a conditional endorsement of tenure, with the recognition of a title in fee simple subject to enfeoffment by the king.

Acquisition

2020 ◽  
pp. 235-266
Keyword(s):  
Real Estate ◽  
Final Section ◽  
The Law

This chapter focuses on the Book of Acquisition (Sefer kinyan), which covers the law of contract and of property. It discusses the first section of the Book of Acquisition, Laws of Sale, that contains various mechanisms for acquiring real estate, chattels, slaves, and animals, and on fairness in sale transactions. It also explains the Laws of Acquisition and Gifts, which is about the acquisitions in which there is no consideration, such as the seizure of ownerless property and of gifts. The chapter talks about Laws of Neighbours, which deals with rights and obligations between owners and occupiers of neighbouring homes and fields. It points out that the Laws of Agents and Partners covers agency and partnerships in trade, while the Laws of Slaves, the final section of the Book of Acquisition, includes transactions in and treatment of Jewish and non-Jewish slaves.

Failure and Resistance

2020 ◽  
pp. 122-137
Author(s):  
Alexander Kaye
Keyword(s):  
Legal Institutions ◽  
Legal Rhetoric ◽  
The Law

The attempts of religious Zionists to establish halakha as the law of Israel failed. This chapter examines the response of religious Zionist leaders to this failure, and their bitter resentment of Israel’s secular legal institutions that, in their view, had usurped halakhic rule. It shows that, resigned to these circumstances, religious Zionists adopted a double strategy. Among themselves, they persevered in their commitment to the idea of the halakhic state. When speaking to others, however, they embraced a more pragmatic position. In Knesset speeches, for example, they argued for a pluralistic position in which the rabbinical courts would have equal authority to the state’s secular courts. The chapter also shows how the legal rhetoric of religious Zionists, particularly of Zerah Warhaftig, shored up the identity of the community during the time of setback.

Joint Ownership of Land

Land Law ◽  
2020 ◽  
pp. 111-134
Author(s):  
Elizabeth Cooke
Keyword(s):  
Dispute Resolution ◽  
Family Business ◽  
Land Law ◽  
Land Dispute ◽  
Dynamic Security ◽  
Joint Ownership ◽  
The Law ◽  
Static Versus Dynamic ◽  
Ownership Of Land ◽  
Trust Of Land

The chapter examines the law that manages joint ownership using the structure known as the ‘trust of land’. It begins by introducing the different circumstances in which joint ownership can arise (family, business, or succession), and the distinction between joint tenancy and tenancy in common, and how to tell them apart. It then looks at the ways in which a joint tenancy can be severed. The chapter explains the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) which governs the operation of the trust of land. Dispute resolution and bankruptcy are considered. The chapter concludes with a look at the conflict of static versus dynamic security in land law, and discusses the use of restrictions to protect unregistered ownership interests in land.

Love and the Law

2017 ◽  
Author(s):  
Elizabeth Brake
Keyword(s):  
Emotional Response ◽  
Romantic Love ◽  
Legal Regulation ◽  
Legal Obligation ◽  
Legal Institutions ◽  
Marriage Law ◽  
Free Love ◽  
Love Relationships ◽  
History Of ◽  
The Law

Both the free love tradition and philosophers appalled by the “love revolution” in marriage saw an antagonism between love and legal obligation. Marriage abolitionists and queer theorists have more recently argued against state legitimation of love relationships. This chapter briefly outlines the history of the concept of romantic love and its unlawfulness. It describes how law in modern liberal states has treated love, both in marriage law and in legal regulation of sex. It then turns to normative questions: Are love and legal institutions incompatible? What laws should there be regarding love or sex? The chapter considers arguments that legal institutions designed to protect love relationships wrongly burden the choice to remain in relationships, that they threaten spontaneous emotional response, that they are inherently unstable, that they are oppressive, and that love is a political virtue. I conclude that we are still witnessing the love revolution unfold.

The Development of Legal Reasoning

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Moral Development ◽  
Social Order ◽  
Legal Reasoning ◽  
Developmental Model ◽  
Legal Authority ◽  
Legal Institutions ◽  
Legal Socialization ◽  
The Law ◽  
Legal Judgments ◽  
The Relationship

The cognitive developmental model of legal socialization is discussed in chapter 5. This approach emphasizes the development of legal reasoning and focuses on how such thinking shapes legal judgments about the purpose of laws, how legal authority should be used, and whether people should feel obligated to obey legal institutions. Basically, legal reasoning provides a framework to understand the nature of society and the requirements of social order, leading to judgments about the legitimacy of the law. Building on Kohlberg’s work in moral development, the legal reasoning perspective argues that people develop increasingly abstract and sophisticated models of the relationship between society and the law with respect to the position and duties of the law and the responsibilities and obligations of citizens. This provides a basis for understanding when to follow appropriate laws and when to violate laws viewed as unjust or unprincipled.

The Life of the Law: Readings on the Growth of Legal Institutions

1967 ◽  
Vol 67 (7) ◽  
pp. 1353
Author(s):  
Charles Donahue ◽  
John Hannold
Keyword(s):  
Legal Institutions ◽  
The Law
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