Dissertations / Theses on the topic 'Right of property'
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Schroeder, Jeffrey S. "Right grantors and right seekers : a theory for understanding the comparative development of intellectual property rights /." view abstract or download file of text, 2001. http://wwwlib.umi.com/cr/uoregon/fullcit?p3004002.
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Thesis (Ph. D.)--University of Oregon, 2001.Typescript. Includes vita and abstract. Includes bibliographical references (leaves 260-272). Also available for download via the World Wide Web; free to University of Oregon users.
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Waldron, Jeremy. "The right to private property /." Oxford : Clarendon press, 1990. http://catalogue.bnf.fr/ark:/12148/cb355769636.
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Banning, Theo Robert Geerten van. "The human right to property /." Antwerpen : Intersentia, 2002. http://catalogue.bnf.fr/ark:/12148/cb39070177x.
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Waldron, Jeremy James. "Right-based arguments for private property." Thesis, University of Oxford, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.385804.
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Jetzinger, Daniela. "Begriff, Bedeutung und Handhabung des Grundrechtes auf Eigentum in den Transitionsstaaten des Balkan, verdeutlicht anhand der Rechtslage und Spruchpraxis in Serbien und Montenegro, Bosnien und Herzegowina, Kroatien sowie Bulgarien /." München : GRIN Verlag, 2006. http://deposit.d-nb.de/cgi-bin/dokserv?id=2849664&prov=M&dok_var=1&dok_ext=htm.
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Olivetti, Alfred M. "Protecting property rights in America." Morgantown, W. Va. : [West Virginia University Libraries], 1999. http://etd.wvu.edu/templates/showETD.cfm?recnum=770.
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Thesis (Ph. D.)--West Virginia University, 1999.Title from document title page. Document formatted into pages; contains vi, 187 p. : ill. (some col.), map Includes abstract. Includes bibliographical references (p. 166-176).
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Lai, Lawrence Wai-chung, and 黎偉聰. "Property rights analysis of zoning." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31234240.
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Lai, Lawrence Wai-chung. "Property rights analysis of zoning /." Hong Kong : University of Hong Kong, 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13829865.
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Del, Risco Sotil Luis Felipe. "The surface right." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123347.
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This article addresses over the regulation of the surface right in the Peruvian Law along with its main points of contact with other important institutions in the field of real estate. The author points the evolution of this figure in the Peruvian legislation and determinates its legal nature and its characteristics, establishing its relation with the principle of real estate accession property and the implications of the transitional division that the surface generates. In other relevant aspects, the article addresses the ways of acquisition of such ownership, the role of inscription in the configuration of the surface, the reimbursement of the value of the buildings and the extinction of this property right.Este artículo trata sobre la regulación del derecho real de superficie en el Derecho peruano y sus principales puntos de contacto con otras importantes instituciones en el ámbito inmobiliario. El autor aborda la evolución de dicha figura en la legislación peruana y determina la naturaleza jurídica y características del referido derecho, estableciendo su relación con el principio de accesión inmobiliaria y las implicancias de la división transitoria predial que genera la superficie. En otros aspectos relevantes, en este artículo se desarrollan las formas de adquisición de dicha titularidad, el papel de la inscripción en la configuración de la superficie, el reembolso del valor de las edificaciones y la extinción de este derecho real.
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Schlee, Günther. "Collective identities, property relations, and legal pluralism /." Halle/Saale : Max Planck Institute for Social Anthropology, Max-Planck-Gesellschaft, 2000. http://www.eth.mpg.de/pubs/Working%20Paper%201.pdf.
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Dittmer, Timothy. "A property rights approach to antitrust analysis /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/7501.
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Ndlovu, Nokuthula. "Realising the right to property for women in rural Lesotho." University of Western Cape, 2021. http://hdl.handle.net/11394/8366.
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Magister Legum - LLMThe right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human and Peoples’ Rights as well as the Maputo Protocol. The right to property is further guaranteed under various Constitutions. However, despite the guarantee to the right to property, many women in Africa are deprived of their property rights.
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Hu, Yongming. "Shi chang jing ji yu chan quan gai ge." Beijing : Zhongguo ren min da xue chu ban she, 1993. http://books.google.com/books?id=_A4yAAAAMAAJ.
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Na, Renhua, and 娜仁花. "Property rights analysis of building material pricing." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/193493.
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The institution of property rights, as an important category of constraints or restrictions on human behaviour, provides rules of competition, and delineates the social and legal relationship between a resource owner and the others throughout the world. Forms of ownership rights to resources affect the efficiency of their use. The consensus is that in a real world with significant transactions costs and scarce resources, private property right systems lead to more efficient resource allocation than the others do.
Previous studies about economic implications of non-exclusive resources have focused on the problems of resource misallocations. A few studies also worked on the effects that alternate property rights structures have on the prices and variations in prices of non-exclusive resources. However, the economic analysis of property rights attribute of natural resources used as building materials, such as natural sand and wood, is still an unexplored research area.
The objective of the whole research is to empirically verify Angello and Donnelley's (1975) property rights thesis, as reinterpreted by Lai (1993a) and Lai and Yu (1995), that the variations in prices of non-exclusive resources are much greater than those under more exclusive ownership; and to identify, alternatively, the factors that might have affected ownership rights, inferred from changes in the variations in prices of the resources.
In this thesis, published historical data of natural sand, Total declared costs of new buildings completed, Gross & Usable floor area, Gross value of construction work, and published government data of prices for selected buildings materials, namely Portland cement, sand, hardwood, and plywood, were used. The prices of captured and cultured shrimps, which are collected from super market and street market by the author, were also checked and used. These resources are subject to different degrees of access restrictions and, hence, are good candidates for testing the hypotheses.
Basically, the hypotheses formulated in this research are strongly supported. The main findings are that the variations in prices of non-exclusive resources are greater than those of exclusive resources; for the same resource, the price ratios of exclusive resource and non-exclusive resource would fall over time.
This is an original contribution to the theory of property rights.
The originality of this dissertation lies in its exploration of the economic relationship between property rights ownership and selected building materials, as well as in the application of variances to the research of building materials. This is a novel contribution to research on Hong Kong’s sustainable development as she heavily relies on the real estate market for economic development.published_or_final_version
Real Estate and Construction
Doctoral
Doctor of Philosophy
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謝建煌 and Kin-wong Che. "On the formation of property rights." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31976487.
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Kauneckis, Derek L. "The co-production of property rights theory and evidence from a mixed-right system in southern Mexico /." [Bloomington, Ind.] : Indiana University, 2005. http://wwwlib.umi.com/dissertations/fullcit/3178428.
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Thesis (Ph.D.)--Indiana University, School of Public and Environmental Affairs, 2005.Source: Dissertation Abstracts International, Volume: 66-06, Section: A, page: 2370. Chair: Elinor Ostrom. "Title from dissertation home page (viewed Nov. 27, 2006)."
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Bornschein, Peter. "Right-Libertarianism and the Destitution Objection." Bowling Green State University / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1462900713.
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Birdyshaw, Edward Leon. "Property rights and the environmental Kuznets' curve /." view abstract or download file of text, 2004. http://wwwlib.umi.com/cr/uoregon/fullcit?p3147814.
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Thesis (Ph. D.)--University of Oregon, 2004.Typescript. Includes vita and abstract. Includes bibliographical references (leaves 91-96). Also available for download via the World Wide Web; free to University of Oregon users.
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Arakchaa, Tayana. "Household and property relations in Tuva." [Boise, Idaho] : Boise State University, 2009. http://scholarworks.boisestate.edu/td/38/.
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MacDonald, Lindsey Te Ata o. Tu. "The political philosophy of property rights." Thesis, University of Canterbury. Social and Political Sciences, 2009. http://hdl.handle.net/10092/2270.
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This thesis argues that within political philosophy, property rights deserve closer attention than has been paid to them recently because the legitimacy of a state rests upon their definition and enforcement. In this way property rights differ from the right to liberty or equality. A state may or may not have liberty or equality, but it has no meaning at all if it does not enforce the rights of property. This is not to suggest that normative arguments for property rights are ‘nonsense upon stilts’. Morality may provide many reasons for an individual to exclude other members of a political community from a property. However, the function of property rights is to enforce that exclusion and this suggests that the normative legitimacy of a state is closely bound both to its ability to enforce whatever property rights it already has granted, and its justification of decisions taken when property rights are granted within its borders. My argument is that a proper political philosophy of property rights should acknowledge that a state depends upon its treatment of property rights for justification, not as a matter of justice, but as a matter of its existence.
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Arribas, Irazola Guillermo. "Macondo: Property and tragedies." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/107442.
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Property involves the possibility for men tocontrol their surroundings. Part of this control involves the exclusion of others from the benefits produced by their controlled goods.The possibility to exclude or not to excludeothers allows or prevents an efficient use of goods. So the tragedy of the commons ariseswhen there are no rights of exclusion; and the tragedy of anticommons, where there is anexcess of exclusion rights.In this article, the author makes a complete analysis of the tragedy of commons and anticommons, in relation with property rights, pointing out the differences and similarities between both of them, their presence in everyday life and their relevance in our legal system.La propiedad nace con la posibilidad del hombre de controlar aquello que lo rodea. Parte de este control implica la exclusión de los demásrespecto de los provechos que se obtienen delbien controlado. La posibilidad o no de excluira los demás permite o impide un uso eficientede los bienes. Así surge la tragedia de comu-nes cuando no existen derechos de exclusión;y la tragedia de anticomunes, cuando hay unexceso de derechos de exclusión.En el presente artículo, el autor realiza un completo análisis de la tragedia de comunes y anticomunes en relación al derecho de propiedad, indicando las diferencias y semejanzas entre ambas, su presencia en la vida diaria, y su relevancia en nuestro ordenamiento jurídico.
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Barnes, Richard A. "Property rights and natural resources /." Oxford : Hart Publ, 2009. http://aleph.unisg.ch/hsgscan/hm00262927.pdf.
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Klingsbo, Dina. "Palestinians’ Right to Property in the Occupied Territory Under International Humanitarian Law." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76596.
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Carver, Peter John. "Millar v. Taylor (1769) and the new property of the eighteenth century." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28822.
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The reception of copyright in the English common law in the eighteenth century provides a unique opportunity to study the jurisprudential concept of property rights at a moment of change. While copyright, or to use the contemporary term, the "right of copy", had been in the process of development since the introduction of the printing press into England in 1476, it was not until 1709 that Parliament enacted the first copyright statute, the Statute of Anne 8 Anne, c. 19. Sixty years later in Millar v. Taylor 4 Burr 2303, 98 Er 202, the Court of King's Bench considered the nature and purpose of copyright for the first time. The case arose in the course of the "literary property debate", a commercial struggle between rival booksellers for predominance in the emerging book trade.
This paper proceeds through a detailed study of the genesis and theoretical background of Millar v. Taylor to address two questions: (1) in what sense did copyright constitute a "new property" in the common law, and how did it contribute to a conceptual change in property rights; (2) how did English courts conceive of "authorship" during the evolution of copyright, and how, in turn, did copyright as it emerged from the literary property debate alter the role of the author ?
The judgments of Justice Joseph Yates and of William Murray, Lord Mansfield, offered particular insights into each
of these questions. Justice Yates, in dissent, perceived that copyright posed a challenge to traditional property theory, especially to arguments grounded in natural law. As its subject matter was the intangible of literary ideas and expression, he argued the need for limits to be imposed on copyright in the interests of the public domain. The property right could not be derived from value, as it was the right itself which created value. Lord Mansfield adopted a natural law approach, but located it largely in the personal, as opposed to proprietary, interests which copyright served. The author's interests in privacy and in controlling the product of his intellectual labour formed, for him, a principal justification for the property right.
The paper explores these ideas, first, by giving a close reading to the precedent cited in Millar v. Taylor (1769), and tracing back through precedent cited therein to the roots of intellectual property in English law. Second, the insights of Justice Yates and Lord Mansfield are taken forward through subsequent developments in legal theory and copyright.
In particular, the recognition, which followed Millar v. Taylor and vindicated Justice Yates' position, of copyright as a statutory property designed and limited by political choice is shown as characterising the leading theoretical approaches to property rights-- including utilitarian, Realist and critical approaches—which now predominate in jurisprudence. Further, Lord Mansfield's understanding of the dual purpose of
copyright is examined in relation to a personhood justification of property, and in terms of the evolution of copyright as a property regime for protecting factual works of information, and fictional works of imagination. The paper endeavours to highlight both the concern for public domain and for personal interests of authors which had such significance in the early development of copyright.Law, Peter A. Allard School of
Graduate
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Cotula, Lorenzo. "Property rights, negotiating power and foreign investment : an international and comparative law study on Africa." Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/3235.
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Property rights are crucial in shaping foreign investment and its socio‐economic outcomes. Their allocation, protection and regulation influence the way the risks, costs and benefits of an investment are shared. For investors, the protection of property rights is a tool to shelter their business interests from arbitrary host state interference. For local people affected by an investment project, it may offer an avenue to secure their livelihoods, through providing safeguards against arbitrary land takings. Tensions may arise between different sets of property rights, as host state regulation to strengthen local resource rights may raise project costs and interfere with investors’ rights ‐ for example, under the international‐law regulatory taking doctrine, or “stabilization clauses” in investor‐state contracts. While there are vast literatures about the international law on foreign investment, the human right to property, and national law on investment, land and natural resources in Africa, this study analyses in an integrated way how the different sets of property rights involved in an investment project are legally protected under applicable law, whether national, international or “transnational”. The study explores whether the property rights of foreign investors and affected local people tend to enjoy differentiated legal protection; and, if so, whether the legal protection of “stronger” property rights may constrain efforts to strengthen “weaker” ones. This research question has both theoretical and practical implications. Differences in the strength of legal protection may affect negotiating power. Weak legal protection and negotiating power make local resource users vulnerable to arbitrary dispossession of their lands. From a theoretical standpoint, linking legal analysis to an analysis of negotiating power in foreign investment projects can provide insights on the relationship between law and power ‐ in a globalised world, does the law serve more powerful interests, can it be used to empower disadvantaged groups, or is it rather irrelevant?.
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Lučinski, Dariuš. "Nuosavybės teisės objekto problema doktrinoje ir teismų praktikoje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060505_153835-86748.
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In this study author analyzes definition of object of property right in different legal doctrines and judiciary practice and offers how to solve this problem. The object of the property right is described through relationships with other legal categories: object of civil right, object of thing right, object of obligation. Also author analyzes the definitions of property and things and their relations with property right. Author unfolds signs of things and discoveries property definition.
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Nie, Zhigang Albert, and 聶致鋼. "Property rights implications on the development of urban villages in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197557.
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History may show that in complex social economic systems, should other conditions be controlled, different initial settings of property rights may bring different results. This thesis will test if different initial property rights settings in urban villages have resulted in different forms of housing development. Empirical data collected from three Chinese cities (Shenzhen, Guangzhou, and Xi'an) showed that the absence of clear and enforceable private property rights in these urban villages has led to high density housing developments uncontrolled by regulations. As a result, rents collected from these villages were lower, which, in turn, led to the earlier renewal of each development. The underlying mechanism is illustrated using an integrated property rights and transaction cost framework, which is testable against empirical observations. Major contributions of the thesis should include the empirical identification of different existing outcomes, the theoretical explanation of the conditions leading to variations in those outcomes, and the testing of various implications (e.g. the effect of high negotiation costs on high building density, the effect of rent increases on the promotion of legal renewals, and the effect of high policing costs on illegal projects).published_or_final_version
Real Estate and Construction
Doctoral
Doctor of Philosophy
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Condon, Andrew Michael. "Property rights and the investment behavior of U.S. Agricultural Cooperatives." Diss., This resource online, 1990. http://scholar.lib.vt.edu/theses/available/etd-09162005-115032/.
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Donziger, Alan J. "Property rights the issue of eminent domain, a legal and constitutional analysis /." Click here for download, 2007. http://proquest.umi.com/pqdweb?did=1276419901&sid=1&Fmt=2&clientId=3260&RQT=309&VName=PQD.
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Shum, Wing-hung Alex. "The housing reforms in Shanghai the structural change of property rights /." Click to view the E-thesis via HKUTO, 2003. http://sunzi.lib.hku.hk/hkuto/record/B31969197.
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Erten, Mustafa Guven. "Property Problems In Post- Earthquake Urban Redevelopment Process: A Case Study In City Of Adapazari." Master's thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/12605621/index.pdf.
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This thesis investigates the underestimated ownership constraints in built-up urban areas as the determining characteristic of the urban redevelopment process after the Marmara Earthquake. In the first part of the study, public provisions for permanent housing have been surveyed. It is observed that relocation of the survivors entitled to such housing sites considerably far away from existing urban areas has generated the need for many adjustments on the property patterns. Without any framework for the remaining ownership and development rights in those damaged urban areas, nearly 43 000 housing units have been developed mostly by the state in order to compensate for the lost properties of disaster survivors. On the other hand, municipalities could not commence any considerable redevelopment framework in damaged urban areas after the earthquake. They were restricted to revising their development plans with respect to new geological surveys and to redefining the ideal building regulations with low building heights. Adaptation of these renewed plans to existing conditions has necessitated an immense amount of property readjustments. However, this is nearly impossible with existing plan implementation instruments which are incapable of mandating the exchange mechanisms for the reduced development rights. Lack of three dimensional property adjustment and purchasing methods different from constructions option engendered the implementation problem of these development plans prepared after the earthquake.
In this framework, a field survey has been carried out in the city of Adapazari and the post-earthquake urban redevelopment process is investigated. Transformation of the properties are plotted in Çark Street, where the required resharing of reduced development rights with respect to new development plan can be partially observed. Besides, the success of the forthcoming urban planning process in Turkey, which is composed of urban rehabilitation and risk mitigation works, again depends upon the capacity to realize ownership and development right transformation in urban environments. As a result, the Marmara Earthquake presents the necessary inputs and justification to restructure the property institution in urban planning.
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Golton, Christina Jane. "From yesterday's house to tomorrow's home : changes to dwellings by right to buy purchasers." Thesis, University of Salford, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360398.
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Chen, Gengzhao, and 陈耿釗. "Implementing housing rights in China : reinterpreting Chinese constitutional property." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/193458.
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This thesis explores the impact of housing rights jurisprudence on Chinese legal and policy frameworks in the housing sector, examines the key related issues, and assesses whether current practices are in line with international best practice. The thesis considers three major questions, viz.
1 What are housing rights?
2 What is the significance of housing rights in the Chinese context?
3 Given the features and nature of housing rights, and China’s transitional societal background, how could housing rights be implemented?
By looking at the jurisprudence and jurisprudential development of housing rights in international law and related humanitarian jurisprudence, this thesis proposes a three-layer framework of housing rights, which encompasses property and resource dimensions. While the property dimension requires the state to refrain from interfering in property interest in housing, the resource dimension establishes a set of principles for directing governmental duties in utilizing and redistributing resources. The governments should enable equal and equitable access to housing and housing-related resources, and ensure housing development is a human-centered, sustainability-oriented process.
China is a transitional society, where the Constitution shows a trend towards strengthening property rights protection, but institutional constraints on property rights remain. There are also transformative schemes in the housing sector that take the form of land reform and public housing programs. An overview of the housing regime in China identifies three primary limitations: an incoherent legal framework of Chinese takings law related to the property dimension of housing rights; problems with equal and equitable access to land resource as reflected by the urban-rural divide in the land tenure system; and the lack of a sustainability vision in public housing development. It is, therefore, argued that implementing housing rights involves enshrining values and principles related to housing rights in the domestic constitution. This can take the form of reinterpreting the Chinese constitutional property according to the three-layer framework of housing rights. Such a reinterpretation sheds further light on how to resolve the key issues in the current housing regime.
This study concludes that housing rights require Chinese constitutional property to strike a balance between protecting existing property-holdings and the transformative schemes in the housing sector. For the property dimension of Chinese constitutional property, housing rights help to construct a coherent jurisprudence for Chinese takings law. The resource dimension of housing rights serves as an assessment tool for the policy framework to guide both the utilization and redistribution of land resources and the development of public housing programs. This facilitates the legal and policy framework in the housing sector to be informed by humanitarian jurisprudence and be in line with international best practice.
The pioneering nature of this thesis lies in its exploration of humanitarian jurisprudence which is new to Chinese constitutional reasoning, and the extension of jurisprudential discussion of housing rights to public policy formulation. It is also innovative in proposing the three-layer framework of housing rights. Some of the findings from the discussion of international jurisprudence may be extended not only to the Chinese setting but also to other transitional economies which face similar housing issues and concerns in their policy-making.published_or_final_version
Real Estate and Construction
Doctoral
Doctor of Philosophy
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Chi, Young-hae. "By what right do we own things? : a justification of property ownership from an Augustinian tradition." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:5555bb1d-9d5c-4260-b2bc-3c04c61ecb31.
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The justification of property ownership based on individual subjective rights is tightly bound to humanist moral perspectives. God is left out as irrelevant to the just grounds of ownership, which is established primarily on the basis of human self-referential, moral capacity. This thesis aims at developing an alternative justification, both for property as an institution and as a private holding, with a view to bringing God back into the centre stage and thereby placing property ownership on the objective concept of right. A tradition hitherto generally left unnoticed, yet uncovered here as the source of inspiration, vests the whole project with a moral-teleological tone. The tradition, enunciated by St. Augustine and developed by St. Bonaventure and John Wyclif, invites us to see property from the perspective of a moral end: it ought to be used for the love of God and neighbours, and as such it can be owned only by the just. In spite of important insights into the moral nature of property, the Augustinian thesis not only fails to spell out what ‘use for love’ means but also suffers from elitism. Nor does it offer an adequate justification of private property. Such weaknesses call for revision. When we reinterpret the Augustinian thesis through the concept of the divine imperative of service coupled with a proper understanding of human work, property acquires a distinctive justification. Property, as an institution, is justified as a requisite for carrying out God’s redemptive work towards the world. From this general justification ensues the particular justification. We hold property as specifically ‘mine,’ since each person’s ordained mission to participate in God’s work requires a uniquely personal material means, although the recognition and fulfilment of individual mission still demands communal efforts. The duty to carry out the God-commanded mission at first allows us to possess private property only in a non-proprietorial and non-exclusive manner. Yet in the prevailing condition of economic scarcity and human greed, civil jurisdiction must provide a structure of rights to enforce property institution. As God’s invitation for the transformation of the world is a universal command, everybody should have a minimum of property, and yet in differentiation of the scope and kinds commensurate with the particularities of individual mission.
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Rostill, Luke. "Fundamentals of property law : possession, title and relativity." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:11453d68-6492-422b-b555-db2b2215fa80.
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This thesis is concerned with the doctrine of title by possession and the doctrine of relative title. Many property lawyers believe that these doctrines are elementary, important and interesting. But, while virtually everyone accepts that possession of land or chattels is a source of title and that titles are relative, the doctrines have long been a focus of debate. The nature of possession, the nature of the possessor's title, and the relationships between possession, relative title and ownership have been particularly contentious. Accordingly, this thesis seeks to provide sound answers to the following questions: (1) what, in this context, is possession? (2) What is the nature of the title that is acquired by taking possession of land or chattels? (3) Does English law recognise landownership and chattel-ownership?-and, if it does, is a person who acquires, by virtue of his or her possession, a title to land or chattels the (or an) owner of the land or chattels? It is argued in Chapter 2 that, for the purposes of the doctrine of title by possession, the general rule is that a person is in possession of land or chattels if and only if she has: (i) a sufficient degree of exclusive physical control; and (ii) an intention to possess. Chapters 3-5 are concerned with the second question. It is argued that, upon obtaining possession, a person acquires, in cases involving land, an estate in fee simple absolute in possession and, in cases involving chattels, a general property interest. Chapter 6 is concerned with the third question. It is argued that English law does recognise landownership and chattel-ownership; and that a person who acquires a title by obtaining possession of land or chattels owns the land or chattels if her title is supreme but not if it is inferior.
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Gómez-Martinez, Osvaldo. "Property rights, growth and development : an in-depth cross-national comparative analysis." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708486.
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Lu, Fujia. "Bureaucratic corruption and institutional changes in China : a property rights view /." Digital version accessible at:, 2000. http://wwwlib.umi.com/cr/utexas/main.
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Fails, Matthew David Krieckhaus Jonathan Tabor. "The political economy of property rights institutions, interests, and economic prosperity /." Diss., Columbia, Mo. : University of Missouri--Columbia, 2009. http://hdl.handle.net/10355/6972.
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Title from PDF of title page (University of Missouri--Columbia, viewed on Feb 26, 2010). The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Dissertation advisor: Dr. Jonathan Krieckhaus. Vita. Includes bibliographical references.
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Toha, Kurnia. "The struggle over land rights : a study of indigenous property rights in Indonesia /." Thesis, Connect to this title online; UW restricted, 2007. http://hdl.handle.net/1773/9627.
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Ghanta, Neelima. "Integrating Geospatial Technologies into the Property Management Process of the Transportation Right-Of-Way." Thesis, Virginia Tech, 2007. http://hdl.handle.net/10919/31280.
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Property Management, one functional area within Right-of-Way offices in state transportation agencies, is responsible for managing the property acquired for highway projects. These activities are data and document intensive and efficiency for performing them would be improved through the implementation of an information management system. Because of the geospatial nature of many of these activities, geographic information systems (GIS) would increase the effectiveness of this system. A literature review and survey were conducted to understand the current state of practice for the use of GIS and information management systems in Property Management. There is no identified comprehensive system that covers all Property Management activities. An initial step in developing a geospatially-enabled enterprise-level information management system, a logical model was developed. This included developing the business process diagram, business process models, and use case models based on the principles of systems engineering using the Computer Aided Software (CASE) Enterprise Architecture. Activities that would benefit from a geospatial component have been identified and included in the models. The developed models have been validated by working with PennDOT staff. The resulting model serves as a standard template for state transportation agencies and helps conceptualize the advantages of integration and interaction with other systems, and geospatial enablement prior to investment in an information management system.Master of Science
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Yeh, Ling-yin, and 葉玲吟. "Intellectual property right." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/10104631010033216625.
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碩士東吳大學
經濟學系
85
The intellecttual property rights(IPR) has raised varised arguments and issues in developed and developing countries since 1980s. We have recently faced a pressure from the United States in protecting its intellectual property rights,and a challenge of joining the World Trade Organization. This study consists of the American Institute in Taiwan and the Coorgination Council of North American Affairs(AIT-CCNAA) to improve the protection of IPR, establishingdomestic index of IPR excution, and analyzing and researching the execution of IPR in Taiwan.The result of this study are summarized as follows:1.The IPR has been significantly proteced in judiaial side under the pressurefrom the United Stutes.2.The factors affected the degree of IPR include the economic growth or recession,the unemployment, the pressyre from the U.S. under the special 301,and the index of execution on IPR.3.The empirical results indicate the political influence (i.e. the pressyre fromthe U.S.) plays an importment role in the degree of protection of IPR and thejudicial decision in Taiwan.
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Lin, Yan-hong, and 林彥宏. "Coase Theorem Under Imperfect Property Right." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/53430068643363335652.
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碩士國立高雄大學
應用經濟學系碩士班
103
The main feature of this thesis is to explore Coase Theorem under imperfect property right. The so called imperfect property right means a property can be acquired by either voluntary transaction or seizure (law-breaking). Based on Schmitz (2001) model, we first verify the Coase Theorem with cost being full information. Then we discuss the case when law-breaking cost is private information. We found that with only imperfect property right not only can efficiency be achieved but the distribution is also improved.
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Chiou, Hueih-Lih, and 邱惠立. "A Study on the Intellectual Property Right Securitization—From the Viewpoint of the Intellectual Property Right Management." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/4uk6xr.
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Thurk, Jeffrey Michael. "Quantitative analyses of intellectual property right protection." Thesis, 2010. http://hdl.handle.net/2152/ETD-UT-2010-05-1185.
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Research has demonstrated that the effects of intellectual property right (IPR) protection on firm research and competitive strategies are varied. This dissertation quantifies the dynamic effects of IPR protection along different dimensions. First, I show that countries choose different levels of IPR protection and develop a model to replicate these differences. This model enables me to assess the quantitative effects of trade, as well as the welfare impacts of global harmonization to a single IPR standard. Second, I explore whether IPR protection in the US is too strong. I develop a model in which firms make production and innovation decisions conditional on endogenous technological spillovers. I fit the model to key moments from US data and show that weakening patent protection is welfare decreasing. Thirdly, I show that changing US IPR standards during the 1980s had little real effect on the US Semiconductor industry vis-a-vis exogenous changes in market demand.text
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Chuang, Li-Fu, and 莊立夫. "The Business Strategy of Intellectual Property Right." Thesis, 1989. http://ndltd.ncl.edu.tw/handle/56215644854169066570.
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碩士國立臺灣大學
商學系
82
This study is to explore the ACER Intellectual Property Right( (IPR) strategy. According to the literature, the author tries to integrate a framework that contains the characteristics about patent right, personal computer technology, business strategy, and technology strategy to analyze the IPR decisions that were made by ACER, the largest computer company in Taiwan. The pattern of decisions made by ACER is named ACER IPR strategy. The ACER IPR strategy is presented as follows: 1.By the cross-sectional view, the ACER IPR strategy is "ACER wants to become the leader in some technology areas, for example, in the upgrade technology area about single chip application. Then, ACER would apply patent rights as possible to protect its leading technologies. Finally, ACER hopes to achieve the goal that its royalty income equals outcome in the long run." 2.By the longitudinal view, the ACER IPR strategy is "During the technology development and IPR management revolution, ACER has confronted with some significant IPR arguments, that is APPLE, IBM, and CHIP-UP events. At the first two events, ACER was in the defended position where ACER was accused by the foreign companies for infringing their IPRs. At the last event, ACER owns valuable IPRs and can take actions to protect them, thus ACER was in the active position."
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Paik, Seok-Kee, and 白石基. "Intellectual Property Right Strategy in Semiconductor Industry." Thesis, 1994. http://ndltd.ncl.edu.tw/handle/25409310972401830545.
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Wu, Ting-Chuan, and 吳挺絹. "The Relationship between Beneficiary Right and Marital Property." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/04416926084797257255.
Full textAbstract:
碩士國立臺北大學
法律學系一般生組
98
In United States, each spouse will fight to classify the assets as marital or non-marital property at the time of divorce. This classification is important, as the court only has the authority to divide marital property. There are two marital property law systems under American laws which are the common law system and community property system. Common law system divides properties owned by spouses into marital and non-marital property; while community property system characterizes assets as separate property and community property. Only the marital property or community property dose the court has the right to divide at the time of marriage disillusion. With respect to trusts, determining whether the beneficiary's interest in the trust is marital property depends on the terms of the trust, including whether the trustee is required to distribute property to the beneficiary or whether distributions are at the discretion of the trustee. Whether the beneficiary's interest is marital property also depends on whether the trust is a third party trust or a self-settled trust. This has been a complicated area in every state where it has arisen. With the trust law adopted in our country, this dispute will be discussed in a near future. Therefore, by studying how this problem is solved in American law, we can learn from that, and find our own way to concur it when it happens.
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馬銘倫. "The intellectual property right of start-up company." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/93588638552166743241.
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碩士國立政治大學
科技管理研究所
90
Excerpt In the recently year, IPR has become more and more important. IBM earned more than 25% of their revenue from their related patent and licensing fee. And Kodak lose more than 1 billion USD because they ignore IPR. In the recently years, the start up company and supporting system is getting more and more popular. But these companies do not have enough people and money to protect their patent and do the pre searching. So I want to study what they do to protect it. I interviewed six companies, I found that there is some difference among the companies, but the same rule is if you hold the basic patents, you will not have to spend a lot of money, and you can get the most power. The study also show that the start up companies or institutes all have basic understanding of IPR, which means the education of IPR is really successful. Some customer or investors will ask the companies to pay more attention to IPR. In my opinion, if company has enough money and people, they should set the IPR department. First, now the applying patent or other things are done by R&D people, but they are nor professional and these paper work will take a lot of time, so I think the start up company should set IPR department.
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Yen, Jui-Chuan, and 顏瑞全. "The Feasibility Analysis on Financing Intellectual Property Right." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/50887632643230381292.
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碩士國立政治大學
科技管理研究所
90
Abstract By the coming of the new economy, high-tech start-ups are mushrooming like bamboo shoots after a spring rain. The value of high-tech start-ups does not base on hard assets, but of their principal assets. The principal assets contain both the intangible assets and intellectual property right (IPR), such as patent, trademark, copyright, license contract as well as R&D team. However, traditional financial statements record only the past financial profile and operating results of companies. They’ve invested large amount of money on R&D, and therefore, to obtain the IPR. But the right obtained can not be shown on the financial statements. As a result, a large number of high-tech start-ups are underestimated, and unfortunately, most of the potential high-tech start-ups were not able to survive due to the inability to find the fund needed. From the view of the practical operating management, this study discusses problems that should be confronted when operating the financing IPR. Moreover, according to the problems found, the study anticipates by offering the operating mechanism and feasible business models for financing IPR. As we know, the majority of risk lies in the fund suppliers when financing IPR, so mostly the feasibility of financing IPR depends on fund suppliers that will receive IPR as collateral under a certain number requirements possessed. Thus, the study will then offer suggestions mainly in terms of fund suppliers, and the focus will be on domestic banks and venture capitalists. Based on the literature review, group focus interview, individual interview, posted survey and so on are conducted for the study. Some of insights are derived as bellow: 1. For overseas countries, the financing IPR is just at the beginning period. There are differences in the business models of financing IPR between western countries and eastern countries. 2. There are few real cases about financing IPR in Taiwan although there are some basic laws to apply for financing IPR. Nevertheless, more related regulations are needed. 3. Most of the venture capitalists evaluate high-tech start-ups in an overall way. Hence, excluding a small numbers of high-tech start-ups such as bio-tech companies, IPR is not the only key evaluation factor. 4. The model of financing IPR has an indirect influence to venture capitalists. They emphasize more on the valuation mechanism and the technology marketplace. 5. The profit of traditional banks in Taiwan comes from the interest. From the conservative operating system, these banks are hard to accept the financing IPR that is with high risk. 6. The domestic banks are in short of the IPR valuation and IPR management capabilities. Thus, these problems should first be solved, and then the financing IPR will be able to be taken into action. 7. The domestic banks are in favor of reducing risk by getting guarantee from the government. 8. In terms of the whole financial environment in Taiwan, there are lots of difficulties in the concepts of IPR, valuation mechanism, management capability, technology marketplace, laws and decrees and so forth to be confronted. Above all, financing IPR has high risk in Taiwan at the moment. Therefore, this paper recommends that feasible business models of financing IPR should be divided as follow: 1. Short-run business model: (1) Diversify the risk of the fund suppliers from the guarantee fund offered by the government. (2) Finance IPR by foreign valuation mechanism and technology marketplace. 2. Long-run business model: First, more efforts should be put to set up our own international valuation institutions and technology marketplace. Second, the financing IPR should be taken by contract liberalization principle in compliance with the mechanism of the free market. When both sides agree to the contract, then the deal will be done. By doing so, the IPR financing will be highly promoted at the same time. Key words: Financing IPR, High-tech Start-ups, Venture Capitalists, Domestic Banks, Valuation Mechanism, Technology Marketplace, Credit Guarantee Fund, Key factors.
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Lee, Chun-hsien, and 李俊賢. "A Study on Constitutional Property Right in R.O.C." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/82649913695790840571.
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