Academic literature on the topic 'The undivided property'
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Journal articles on the topic "The undivided property"
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Verma, Abhinit, and Krishna Kant Choudhary. "WOMEN EQUAL SHAREHOLDERS IN HINDU JOINT FAMILY, WITH SPECIAL REFERENCE TO THE CASE OF - VINEETA SHARMA VS RAKESH SHARMA & ORS." International Journal of Advanced Research 8, no. 11 (November 30, 2020): 167–70. http://dx.doi.org/10.21474/ijar01/11989.
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This Research Paper will coverthe concept of–whether women have equal shares over the coparcenary property or not & on the other hand it will also discuss the landmark judgment of Vineeta Sharma V/S Rakesh Sharma which has opened up a space for the women to have equal shares in the ancestral property of Hindu Undivided Family.Since the inception of the Hindu Succession Act, 1956 the provision for the division of property of Hindu Undivided Family was only limited to the sons but the amendment of 2005 made some of the special changes to the act, adding daughters as the equal shareholders to the coparcenary property and even this amendment providedthat,the daughter can be the Karta of the Hindu Undivided Family.With special reference to the case of Vineeta Sharma vs Rakesh Sharma this research note will provide in-depth analysis with conflicting case laws where it will be put forth whether the coparcenary property are the property of the sons or even the daughter can claim for equal shares over the Hindu Undivided Family property.
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SEAMAN, RONALD M. "Valuation Of Undivided Interests In Real Property." Business Valuation Review 16, no. 1 (March 1997): 32–40. http://dx.doi.org/10.5791/0882-2875-16.1.32.
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Firmansyah, Denny, Ramadhan Gusti Nugraha, and Aditya Endra. "PENGUASAAN TERHADAP HARTA WARISAN YANG BELUM DIBAGI DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA." Citizen : Jurnal Ilmiah Multidisiplin Indonesia 3, no. 1 (February 15, 2023): 39–43. http://dx.doi.org/10.53866/jimi.v3i1.203.
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Heirs are one of the vital things in family affairs. However, many problems occur due to the need for more education about learning inheritance. This gives rise to the dispute between fellow heirs to the point of causing disharmony in the family. Burgelijk wetboek, as a reference for Indonesian inheritance law, has explained various meanings and ordinances for an inheritance to possess the estate. But, in reality, many societies still have the unknown, resulting in the possession of the undivided property to meet personal interests. This makes researchers want to know about the control of inherited property that has yet to be divided according to the Civil Code, the underlying factors that occur, and their impact on heirs.
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Harris, Douglas C. "Condominium and the City: The Rise of Property in Vancouver." Law & Social Inquiry 36, no. 03 (2011): 694–726. http://dx.doi.org/10.1111/j.1747-4469.2011.01247.x.
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Condominium is a form of land ownership that combines private ownership of an individual unit in a multi-unit building with an undivided share of the common property in the building and a right to participate in the collective governance of the private and common property. Introduced by statute across North America in the 1960s, condominium facilitated the vertical subdivision of land and enabled a massive increase in the density of private interests. This article describes condominium and considers the justifications that were offered for this rearrangement of property. It then chronicles the introduction of condominium to the city of Vancouver and maps its spread across the city from 1970 to 2010. In doing so, the article reveals that condominium, a legal innovation without peer in its capacity to increase the density of private ownership in land, has provided the legal architecture of ownership for the remaking of Vancouver.
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Fathutdinova, I. V. "The concept of «complex-structural ownership» and the timeshare institute." Uzhhorod National University Herald. Series: Law 1, no. 81 (March 27, 2024): 252–56. http://dx.doi.org/10.24144/2307-3322.2024.81.1.40.
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The scientific article examines the concept of «complex-structural ownership», which is the basis of timeshare in foreign countries in order to choose the optimal legal basis for this institute in Ukraine. It was established that the concept of «complex structural property» gradually developed in parallel with the development of timeshare itself. In the early stages of development, the consumer bought an ownership interest in the property, which allowed him to use it for a fixed week during a certain season at the resort. Gradually, even more flexible products appeared on the timeshare market, even based on a point system. It was found that the state of development of this issue does not meet the needs of the recodification of the Central Committee of Ukraine and the improvement of the legal basis of timeshare in the conditions of the development of tourism.
Examples of the legislation of foreign countries are given, which, regulating the institution of timeshare, the conclusion of relevant contracts, also consolidate the approach to understanding the concept of «complex structural property», in particular the provisions of the Law on the Distribution of California Lands, the Law of the State of Florida «On the Vacation Plan and Timeshare», the Statute of the State of Nevada etc.
It was found that the concept of «complex structural property» in the legislation of various US states is connected with the concept of «undivided interests». This is quite an interesting approach, which is fully relevant to the legal nature of timeshare, which essentially also assumes the presence of «undivided interests» among several consumers, and in the context of the expansion of timeshare forms, the appearance of a point system, exchanges, cruise offers, the specified approach manifests itself even more pronounced. It was found that in the Romano-Germanic states, the legal nature of timeshare is considered through the prism of obligations and property rights.
It is substantiated that the concept of «complex-structural property» is based on the non-exhaustive list of rights of the owner, which is widespread in the Anglo-American private law doctrine. In the national doctrine of private law, more and more scientific studies are appearing, which justify that the rights of the owner are not limited to the classic triad of powers.
It has been proven that since complex-structural ownership is possible precisely in the case of property ownership by several co-owners, it is characterized by the features of joint ownership. It is proposed to distinguish between «simple joint ownership» and «complex structural joint ownership».
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Febrianty, Yenny, Brik Kumala, Henny Saida Flora, and Beni Setiawan. "DECISION OF MA 3180/K / PDT/2019 (LEGAL ANALYSIS OF THE SALE AND PURCHASE OF JOINT PROPERTY PRE-DIVISION BY THE TEMPORARY LAND DEED OFFICER)." Gorontalo Law Review 7, no. 1 (April 30, 2024): 96. http://dx.doi.org/10.32662/golrev.v7i1.3363.
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As stated in Article 36 of Law No. 1 of 1974 respecting joint marriage, any spouse may operate on joint property with a permission. Investigating Supreme Court decision number 3180 K/PDT/2019—which deals with the sale and purchase of undivided joint property in the presence of the temporary land deed officer (PPAT)—and its legal implications is the goal of this research. This study uses conceptual, case, and legislative methods, and it is normative in character. Primary and secondary sources of law are consulted. Legal material analysis is an approach that uses a procedure that is prescriptive. In accordance with the results of the investigation, it is illegal for the PPAT to have issued a deed of sale and purchase and for M.Uzer and Deslina to have sold shares without Herlina's knowledge or approval. Given that the property being sold is still jointly owned, the sale and purchase are declared unlawful according to MA RI No. 701K/PDT/1997. As a consequence, the deed of sale and purchase is legally flawed, and the Certificate of Property Rights in Deslina's name is no longer enforceable.
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Rahmad, Beni, Endri Yenti, and Hanif Aidhil Alwana. "The Existence of High Heirloom Assets in Nagari Muaro Paiti and Their Relevance to Contemporary Islamic In Heritance." Al Hurriyah : Jurnal Hukum Islam 7, no. 2 (December 31, 2022): 141. http://dx.doi.org/10.30983/alhurriyah.v7i2.5404.
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<p>High heirloom assets are assets that are jointly owned by a people who have blood ties and are inherited from generation to generation from previous ancestors, and these assets are under the management of the head of the inheritance (eldest male in the clan). High heirlooms do not belong to individuals, but belong to a group together. Inheritance from high inheritance applies a collective system, namely the property is not divided and delivered to the recipient group in the form of an undivided unit. To guarantee land ownership for its people, the government makes rules regarding land ownership, namely Law no. 5 of 1960. With this law, many people have certified their land, including high inheritance in the form of ulayat land in Muaro Paiti village, as private property rights recognized by law. As a result of the certificate of high inheritance into private property, of course, the system of inheritance of high inheritance has changed into inheritance according to the laws in force in Indonesia, namely Islamic inheritance.</p>
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Andrey A., Ivanov. "“Early Christian Communism”: Russian Church Journalism in the Latter Half of XIX — Early XX Century About the Phenomenon of the Jerusalem Community." Almanac “Essays on Conservatism” 4 (October 30, 2022): 75–89. http://dx.doi.org/10.24030/24092517-2022-0-4-75-89.
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The article considers and analyzes the views of Russian church authors in the latter half of XIX – early XX century (orthodox clergy, scholars, teachers of theological schools) toward the phenomenon of the Jerusalem community and the attempts of supporters of socialist views to treat the patterns of life and thought of Jerusalem Christians as an “early Christian”, “apostolic” or “ancient Christian” communism. Through the example of the critical scrutiny by church authors of the book “The Acts of the Apostles”, the paper shows their interpretations of property relations established in the Jerusalem community, reasons of its unique character, exegesis of the fall of Ananias and Sapphire, as well as fundamental differences of life of first Christians from the communist ideal. It testifies that notwithstanding the insignificant disparity of valuations concerning the Jerusalem community, its experience, achievements and period of existence, church authors had an undivided opinion in terms of disagreement with the fallacy of division between property relations of the community with those proclaimed by ideologists of socialism and communism.
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Sonnekus, JC. "Aantekeninge: Afgeleide wyse van eiendomsverkryging op ’n onroerende saak gehou in mede-eiendom vereis steeds ’n saaklike ooreenkoms met álle mede-eienaars." Tydskrif vir die Suid-Afrikaanse Reg 2024, no. 1 (2024): 105–22. http://dx.doi.org/10.47348/tsar/2024/i1a8.
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In EMD v Fourie (2493/2019) 2023 ZAECQBHC 46 (17 August 2023) the erstwhile couple Daniels were married in 1987. During the subsistence of their marriage, they jointly acquired an immovable property as their matrimonial home, and this was duly registered and held in joint ownership. For the acquisition of the property a loan secured with a mortgage bond by the bank was registered against the property’s title deed. Even after their divorce no amendment regarding the registration of the property held in joint ownership took place. The erstwhile wife with the couple’s children remained in occupation of the house after the husband moved out with his new wife. In time the erstwhile wife also remarried and stayed in the house with her new husband, Jacobs. When the joint debtors encountered cash-flow problems and were unable to meet the bond payments, the house was rented to tenants. The bank eventually foreclosed on the mortgage bond and acquired an execution order from the court. Shortly before the date for the auction a knowledgeable employee of the bank materialised as the proverbial good Samaritan and suggested that with the help of “befriended attorneys” and an estate agent a “special arrangement” may be reached to safeguard the asset – akin to “pawn your car and drive it”. Eventually the wife and her new husband, masquerading as the erstwhile husband and co-owner, signed documents that in reality encompassed an agreement to sell the property for R70 000. After the transfer was duly registered the new registered owner served eviction orders on all tenants and occupiers. The court upheld the application of the original registered co-owners and ordered a rectification of the deeds register to once more reflect the true legal position of their joint ownership. Because the erstwhile husband was not even aware of the intended scheme of his ex-wife and her new husband, the alleged real agreement did not exist. A joint owner can dispose of his/her undivided share of the interest held in co-ownership but has no entitlement to dispose of the complete undivided real right without the agreement of the other joint owners involved. Mr Daniels never had the animus transferendi dominii and the masquerading signatory Jacobs was not entitled to represent him as his agent nor to forge his signature. The purchaser never considered buying merely an undivided co-ownership share in the property and consequently there was neither an obligatory nor a real agreement. The successful application for the rei vindicatio is founded, however, not in the nullity of the obligatory agreement nor on errors regarding the formal requirements of Act 68 of 1981 but in the fact that legally no change in the ownership occurred in the absence of a valid real agreement and consequently the true owners could rely on the rei vindicatio. The primary defence of estoppel was correctly disposed of by Eksteen J because Mr Daniels made no representations at all to the purchaser, the registrar or the conveyancer involved and the first requirement for estoppel is always that the estoppel asserter acted on the representation made by the applicant as estoppel denier and not on representations by an imposter. The court correctly held: “He did not sign the deed of sale, nor did he sign the power of attorney to pass transfer and he was, at all times, entirely unaware of the process. As I have said Mr Jacobs forged his signature” (par 11). It is submitted that although the outcome of the judgment is correct in so far as the “domicile” of the real right of ownership to the immovable property is concerned, it leaves some unease that the erstwhile debt secured by the mortgage bond was wiped out by the payment of that debt to the bank by the purchaser before the alleged registration of the transfer of the property in the name of the purchaser could take place. With the rectification of the unjustified registration, the property is once more registered in the names of the two original joint owners, but now it is no longer burdened by the mortgage debt. This translates to a significant unjustified enrichment of the joint owners at the cost of the duped purchaser, who was bona fide uninformed about the fraudulent chicanery of the attorneys, estate agent and Mrs Daniels and Mr Jacobs. In addition to her loss, she was burdened with the cost order. It is also troublesome that the judgment does not mention whether the court referred the conduct of the attorneys and the estate agent involved in the fraudulent activity to the applicable governing bodies: “Ms Daniels alleged that Mr Postumous [an attorney], Mr Bekker, an estate agent, and Ms Cradock, an attorney in the employ of the fifth respondent, knew of his [ie Mr Jacobs’] true identity and that they had advised him to sign, as if he were Mr Daniels, because of the urgency of the matter” (par 6 and 9). It ought to be considered whether the perpetrators of such fraudulent conduct should not be barred as unworthy of the professions as attorneys or as a registered estate agent.
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Monica Pratiwi. "The Legal Force of The Deed of Wills Regarding Undivided Community Property Which was Canceled Pursuant to State Court Ruling Number 43/PDT.G/2020/PN.MDN." JILPR Journal Indonesia Law and Policy Review 5, no. 1 (October 28, 2023): 177–85. http://dx.doi.org/10.56371/jirpl.v5i1.180.
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A testamentary deed is the embodiment of a person's last wishes regarding the assets he or she leaves behind. The assets left behind can be inherited and joint assets. The will deed must pay attention to applicable legal rules. In its creation, the testamentary gift deed is closely related to the party authorized to make authentic deeds, namely the Notary profession. This research discusses the legal power of wills regarding joint assets that have not been divided. The problem discussed in this research is how the judge at the Medan District Court considers declaring a Will Deed whose object is joint property that has not been divided, and what are the legal consequences of canceling a Will whose object is joint property that has not been divided. In this case, it refers to the decision of the Medan District Court Number 43/Pdt.G/2020/PN.Mdn. The research method used is normative juridical, descriptive analytical, based on secondary data, through document study searches, with a qualitative approach. From the results of this research, the first conclusion that can be drawn is that the judge's consideration of Deed of Will Number 05 did not clearly take into account the existence of a mixture of assets between the Plaintiff and (the late) Leman as joint search assets with his wife, Mrs. Tan Bie Tju, even though nothing was created between the late Leman and Tan Bie Tju. "marriage agreement", so that the Plaintiff is entitled to ½ (half) of the joint assets. The legal consequences of canceling a Deed of Will whose object is joint property that has not been divided which is canceled by a judge's decision causes the loss of the binding force of the deed on the parties. Notaries should prioritize the principle of prudence by carrying out the obligation to carefully check all documents related to formal correctness before writing them down in the form of a deed.
Dissertations / Theses on the topic "The undivided property"
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Hassani-El-Barwane, Mouhssini. "Le système foncier comorien de 1841 à 1975." Thesis, La Réunion, 2010. http://www.theses.fr/2010LARE0028/document.
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Notre travail de recherche étudie l'organisation et le fonctionnement du système foncier comorien en prenant en compte les périodes précoloniale, coloniale et post-coloniale. Ce système incarne bien le reflet de la juxtaposition des structures traditionnelles et coloniales. Il a surtout subi, dans ses modes d'acquisition le poids des trois types bien distincts de droits (coutumier, musulman et colonial). Le choix de cette période, nous a permis d'effectuer une recherche sur la situation des dysfonctionnements de ce système à la veille, pendant la colonisation française et jusqu'à l'après accession du pays à la souveraineté internationale en 1975. Notre approche méthodologique consiste à présenter ; d'abord, de plus près et d'une manière exhaustive, les permanences, les mutations et les défis des modes d'acquisition (succession, donation, contrat de vente ou d'échange, accession, prescription...). Elle analyse, en même temps, les caractéristiques générales et spécifiques de l'environnement socioculturel sur l'organisation foncière de l'Archipel des Comores. Elle présente, enfin, les éventualités et les approches des politiques agraires qui doivent favoriser la mise en place des instruments juridiques d'une véritable politique de sécurisation des propriétés et domaines en maintenant l'équilibre d'un environnement écologique approprié et un développement durable et humainThis purpose of this research is to attempt to study how the Comorian land ownership system as regards its organization functioning during the pre-colonial, colonial and post colonial period. This system actually reflects the side by side existence of both traditional and colonial structures. It has however undergone deep changes with three different types of ownership, the customary, the Islamic and the colonial modes of property acquisition. The choice of this time frame is deliberate since it has enabled us to analyze the weakness of the system before, during colonial period and up to the independence in 1975. This study will first look closely and exhaustively at the permanent mode property acquisition continuous changes and challenges related to the mode of property acquisition such as inheritance, donation, sale contract, exchange, accession and prescription. At the same time, it will examine the general and specific features of the socio cultural context. Finally it will present the possibilities and land policies leading to a written document for regulation estate and land while keeping a balanced ecological environment in relation to a true policy promoting human sustainable and development
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Almutairi, Thmer. "La propriété indivise : étude comparative entre le droit français et le droit koweitien." Electronic Thesis or Diss., Bordeaux, 2025. http://www.theses.fr/2025BORD0012.
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Depuis 2006, la propriété indivise rencontre des ajustements importants. Les réformes du régime de l'indivision ont naturellement suscité de vifs débats doctrinaux. Certains auteurs soutiennent qu'elles ont participé à personnifier l'indivision en ce qu'elles ont abandonné la règle de l'unanimité pour certains actes, ce qui rapprocherait l'indivision de la société. Pour d'autres auteurs, ces réformes visent tout simplement à faciliter la gestion des biens indivis, et n'ont pas d'incidence théorique particulière. Dans tous les cas, il semble qu'il existe une tendance législative, même indirecte, vers une personnification de l'indivision. Le rapprochement se serait opéré en deux phases : dans un premier temps, la loi de 1976 a mis en place l'indivision conventionnelle, et dans un second temps la loi de 2006 a complété le mouvement avec de nouveaux apports législatifs. Selon le Professeur ZENATI-CASTAING, il y aurait ainsi une tendance naturelle du droit à personnifier toutes les formes de copropriété, ce qui permettrait d'en faire des propriétés individuelles plus conformes à la conception française du droit de propriété. En effet, la personnification de l'indivision peut résoudre le problème que pose le principe d'exclusivité du droit de propriété entre les indivisaires, puisqu'une personne morale deviendrait propriétaire exclusif. Droit comparé. Les conquêtes napoléoniennes menées en Égypte ont eu un impact sur le droit koweïtien. En effet, le droit égyptien, qui s'est inspiré du Code civil français de 1806, a fortement influencé le droit koweïtien dans la création de ses règles juridiques. Malgré l'influence du code napoléon sur le droit koweitien, les manifestations de la personnification de l'indivision, notamment la règle de la majorité qui est apparu en France en 2006, existaient déjà en droit koweitien lors de l'introduction du droit civil au sein de l'ordre juridique étatique en 1980. Mais cette inclination de la législation koweitienne vers une personnification de l'indivision a pris fin. Tandis que l'indivision a fait l'objet en France de nombreuses réformes qui lui ont conféré un régime moderne, le droit koweitien relatif à l'indivision est au contraire resté stable depuis les années 1980. L'objectif de cette thèse est donc d'analyser la position du législateur français et son consort koweitien sur la question de la personnification de l'indivision. En somme, la personnification est-elle le futur de l'indivision ?Since 2006, joint ownership has undergone significant adjustments. The reforms of the joint ownership regime have naturally given rise to lively doctrinal debates. Some authors maintain that they have contributed to personifying joint ownership in that they have abandoned the rule of unanimity for certain acts, which would bring joint ownership closer to the company. For other authors, these reforms simply aim to facilitate the management of joint property, and have no particular theoretical impact. In any case, it seems that there is a legislative trend, even indirect, towards a personification of joint ownership. The rapprochement would have taken place in two phases: first, the 1976 law established conventional joint ownership, and secondly, the 2006 law completed the movement with new legislative contributions. According to Professor ZENATI-CASTAING, there would thus be a natural tendency of the law to personify all forms of co-ownership, which would make it possible to make them individual properties more in line with the French conception of property law. Indeed, the personification of joint ownership can resolve the problem posed by the principle of exclusivity of the right of ownership between joint owners, since a legal entity would become the exclusive owner. Comparative law. The Napoleonic conquests carried out in Egypt had an impact on Kuwaiti law. Indeed, Egyptian law, which was inspired by the French Civil Code of 1806, strongly influenced Kuwaiti law in the creation of its legal rules. Despite the influence of the Napoleonic Code on Kuwaiti law, manifestations of the personification of joint ownership, including the majority rule that appeared in France in 2006, already existed in Kuwaiti law when civil law was introduced into the state legal system in 1980. But this inclination of Kuwaiti legislation towards a personification of joint ownership has ended. While joint ownership has been the subject of numerous reforms in France that have given it a modern regime, Kuwaiti law relating to joint ownership has, on the contrary, remained stable since the 1980s. The objective of this thesis is therefore to analyze the position of the French legislator and its Kuwaiti counterpart on the issue of the personification of joint ownership. In short, is personification the future of joint ownership ?
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Karimzadeh, Meibodi Golnaz. "La subrogation réelle en droit patrimonial de la famille." Electronic Thesis or Diss., Strasbourg, 2021. http://www.theses.fr/2021STRAA006.
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Le droit français connaît deux types de subrogations : la subrogation personnelle et la subrogation réelle. Bien qu’elle ait été l’objet d’importants travaux, la subrogation réelle reste bien moins connue que la subrogation personnelle. Le droit patrimonial de la famille constitue son domaine de prédilection. Elle est en effet prévue par de nombreux textes spéciaux du Code civil dans diverses institutions du droit patrimonial de la famille, et admise par la jurisprudence extensive de la Cour de cassation. Elle n’a cependant pas fait l’objet d’une théorie générale en raison de l'extrême diversité de ses applications ainsi que des limites imposées sous sa conception classique issue du droit romain. Or, la théorie de valeur d’affectation, apparue à la fin du XIXème siècle, a élargi son champ d’application et l’a ainsi libérée du cadre étroit fixé par le Code civil. Cette théorie lui a reconnu une véritable réalité juridique apte à être appréhendée sous un concept uniforme et soumise à un régime juridique cohérentFrench law recognizes two types of subrogation : personal subrogation and real subrogation. Although it has been the subject of significant works, the real subrogation remains much less well known than personal subrogation. The patrimonial family law is the main field of the real subrogation. It is, in fact, provided by many special texts of the civil Code in various institutions of patrimonial family law, and accepted by the extensive case law of the Supreme Court. Though it lacks a general theory because of the extreme diversity of its applications as well as the limits imposed by its classical conception resulting from Roman law. However, the theory of value allocation, which appeared at the end of the 19th century, widened its field of application and thus released it from the narrow framework set by the civil Code. This theory recognized the real subrogation as a true legal reality capable of being understood under a uniform concept which is subjected to a coherent legal regime
Books on the topic "The undivided property"
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Valuing Undivided Interests In Real Property: Partnerships and Cotenancies. Appraisal Institute, 2004.
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600 RECIBOS, RESERVAS, RESGUARDOS Y PROTESTAS. Incluye CD-ROM: (fórmulas y notas prácticas para asegurar, extender, eximir, limitar, ratificar o reclamar derechos u obligaciones) Cartas, certificaciones, comprobantes, constancias, liquidaciones, pagarés, pagos y cobros bajo protesta, previsiones, reclamos, rechazos, remisiones, responsabilidades. Prólogo de JORGE R. ENRÍQUEZ. Buenos Aires, Argentina: Editorial García Alonso (Colección Abacacía), 2011.
Find full textBook chapters on the topic "The undivided property"
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Mannallizein, Ressa Khoreunnisa, Elsy Elsera Erlyanti, and Endah Pertiwi. "Legal Protection of Heirs Over The Sale and Purchase of Undivided Inherited Property (Case Study in Ciambar Parungkuda Sub-District)." In Advances in Social Science, Education and Humanities Research, 68–74. Paris: Atlantis Press SARL, 2024. http://dx.doi.org/10.2991/978-2-38476-279-8_9.
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Baskind, Eric. "3. Passing of property and risk." In Commercial Law Concentrate, 40–53. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840619.003.0003.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the transfer of property and risk from the seller to the buyer as agreed upon in a contract of sale of goods. It explains the difference between ownership and possession and discusses the rules on the passing of property, as well as which party bears the legal risk in cases where the goods are, for example, destroyed or in the event of insolvency. The rules relating to both consumer and non-consumer buyers are included. Finally, the chapter examines the unconditional appropriation of the goods to the contract, appropriation by delivery to a carrier, ascertainment and appropriation ‘by exhaustion’, and undivided shares in goods forming part of a bulk.
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Baskind, Eric. "3. Passing of property and risk." In Commercial Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803843.003.0003.
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Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the transfer of property and risk from the seller to the buyer as agreed upon in a contract of sale of goods. It explains the difference between ownership and possession and discusses the rules on the passing of property, as well as which party bears the legal risk in cases where the goods are, for example, destroyed or in the event of insolvency. The rules relating to both consumer and non-consumer buyers are included. Finally, the chapter examines the unconditional appropriation of the goods to the contract, appropriation by delivery to a carrier, ascertainment and appropriation ‘by exhaustion’, and undivided shares in goods forming part of a bulk.
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Baskind, Eric. "3. Passing of property and risk." In Commercial Law Concentrate, 44–58. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192897206.003.0003.
Full textAbstract:
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the transfer of property and risk from the seller to the buyer as agreed upon in a contract of sale of goods. It explains the difference between ownership and possession and discusses the rules on the passing of property, as well as which party bears the legal risk in cases where, for example, the goods are destroyed or in the event of insolvency. The rules relating to both consumer and non-consumer buyers are included. Finally, the chapter examines the unconditional appropriation of the goods to the contract, appropriation by delivery to a carrier, ascertainment and appropriation ‘by exhaustion’, and undivided shares in goods forming part of a bulk.
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Stephen, Therese. "Rita Dove’s Micro-Poetics of Space." In Crossing Color, 23–45. Oxford University PressNew York, NY, 2001. http://dx.doi.org/10.1093/oso/9780195134407.003.0002.
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Abstract The macro-poetics of space approaches Rita Dove’s oeuvre as a whole. It examines the sequence of sections within a single work, as well as the development of themes and strategies of space throughout her work, rather than individual units dealt with in the micro-poetics of Chapter 2. In the present study of a poetic representation and revision of space and time, Immanuel Kant’s concepts outlined in his “Transcendental Aesthetic” are of continuing interest: Space, Kant maintains, is in no sense a property of things in themselves, nor in relation to one another. It is pure perception and presents itself to our consciousness as an infinite, undivided magnitude. The seeming plurality of spaces stems but from limitations of the whole. Time, to Kant, is neither an empirical, objective conception, nor an independent substance but a form of inner sense. How we perceive ourselves and our inward state determines the way we define time. In itself, or apart from the time-conscious subject, time is nothing at all (22–35).
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Charles, David. "Aristotle’s Undivided Self." In The Undivided Self, 254–86. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198869566.003.0009.
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Several arguments are examined which, if convincing, would justify the rejection of Aristotle’s contention that psychological phenomena are, in the sense explained, inextricably psycho-physical. The arguments considered are designed to support the claim that desire, perception, and the emotions have to be defined in terms of two definitionally separate components, one purely psychological, the other purely physical. Several of these arguments were developed by Descartes and subsequent philosophers to set up the mind–body problem that we confront today. These arguments, I suggest, do not compel the rejection of Aristotle’s position, as they rest on assumptions that he would, with good reason, not accept. Indeed, if we are entitled to adopt his position as our starting point, we can effectively undermine the arguments ranged against it. Aristotle, so understood, offers a way to dissolve the mind–body problem we have inherited by challenging the very terms in which it has been formulated. Nor does his approach require us, as some have suggested, to adopt a radically alien, ‘pan psychic’, account of matter. His views constitute an alternative to basic elements of our conventional thinking about psychological phenomena and their place in a material world. They offer, in effect, the resources to dissolve, rather than solve, the mind–body problem we have inherited. Properly understood, they point to a new, and potentially more fruitful, way to study a wide range of psychological phenomena.
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Charles, David. "Desire and Action." In The Undivided Self, 94–117. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198869566.003.0004.
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Aristotle held, it is argued, that desire, like anger, is to be defined as inextricably psycho-physical process (or activity), a specific type of bodily change. It is the realization of a goal-directed essentially material capacity. This is the type of capacity required if desire is to be the efficient cause of bodily movements, their origin and controller. Its form, if constituted by this capacity, needs to be, in its own nature, an enmattered form to be their cause. This account of desire is an instance of the Impure Form Interpretation developed in Chapters 1 and 2. It is argued that this interpretation best capatures Aristotle’s own positive theory and his critical remarks on alternatives, such as the ‘harmony theory’. Attempts to understand his account of desire in terms of two definitionally distinct components, one purely psychological, one purely physical, are rejected as inadequate because they cannot properly accommodate the efficient causal role he attributed to its form.
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Charles, David. "Hearing, Seeing, and Hylomorphism." In The Undivided Self, 163–93. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198869566.003.0006.
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Aristotle, it is argued, defined visual perception and hearing as inextricably psycho-physical, not definable in terms of a purely psychological component and a purely physical one. The relevant capacities, like those involved in tasting, smelling and touching, are defined as essentially goal-directed enmattered capacities. They have to be inextricably psycho-physical in this way to be causes and effects of material processes. If this is correct, Aristotle did not accept that these types of perceiving are to be defined in terms of purely psychological phenomena realized in purely physical states or events. His account of all these types of perception follows the pattern set by his discussion of the emotions and desire and is best understood in terms of the Impure Form Interpretation, as developed in Chapters 1 and 2. It is not a version of the two component account proposed by some interpreters. It is further suggested that his account of visual perception is consistent with a version of direct realism, once his ontology of processes and activities is properly understood.
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Gerald, O’Collins S. J. "Redeemer." In Christology, 297–314. Oxford University PressOxford, 2009. http://dx.doi.org/10.1093/oso/9780199557875.003.0012.
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Abstract Love makes us give ourselves as far as possible to our friends. (Thomas Aquinas, Summa theologiae) As was noted back in Chapter 1, the salvific work of Christ (‘ Christ for us’ ) is not properly separable from his person and being (‘ Christ in himself’ ). Considerations about that salvific work have repeatedly surfaced in the intervening chapters. Nevertheless, soteriology invites our undivided attention. A problem is created, however, by our Jewish–Christian sources. Both the Old Testament and the New Testament abound with salvific terms, themes, and images.
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Maluleke, Witness. "The Roles of Rural Criminologists to Understand Stock Theft in South Africa: Towards African Research Networking and Collaborations." In Criminology and Victimology in Practice - International Perspectives [Working Title]. IntechOpen, 2024. https://doi.org/10.5772/intechopen.1007280.
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This chapter objectively uses existing African seminal scholars on stock theft discourse, while regarding it as a rural crime, to diffuse and invalidate the existing notions surrounding research on this crime. It is submitted that many established and emerging researchers in the fields of ‘Criminology and Criminal Justice’ Forensic Science, Policing, or Social Sciences largely are currently showing undivided interest in this subject. This chapter followed a qualitative research approach, aided by the exploratory research design. The non-probability: Purposive sampling was employed to select 113 participants from the selected rural areas of Limpopo (LIM) and KwaZulu-Natal (KZN) Provinces of South Africa. This sampling technique was supported by the application of the non-empirical research design: Systematic Review, to sample latest African relevant studies on stock theft. The Focus Group Discussions (FGDs) and Key Informant Interviews (KIIs) were adopted for data collections, with the consideration of the inductive Thematic Content Analysis (TCA) for data analysis. This chapter revealed that the systemic and consistent views on a dearth of scientific knowledge in Africa on stock theft should be debated, shared, and properly managed by the African Rural Criminologists, as it is currently misleading the masses. Therefore, understanding the stock theft phenomenon in the African rural context is critical through the lenses of South African Rural Criminologist critics.