Academic literature on the topic 'Usufructuary rights'
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Journal articles on the topic "Usufructuary rights"
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Aziz, Abdul, Wira Franciska, and Felicitas Sri Marniati. "KEPASTIAN HUKUM JAMINAN HAK TANGGUNGAN ATAS SERTIFIKAT HAK PAKAI DI ATAS HAK MILIK PERORANGAN TERKAIT PENOLAKAN PEMBIAYAAN OLEH PERBANKAN." SENTRI: Jurnal Riset Ilmiah 2, no. 12 (December 8, 2023): 5062–71. http://dx.doi.org/10.55681/sentri.v2i12.1891.
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Seeing the increasing focus on the economic sector, it requires a guarantee rights institution that is able to provide legal certainty. In the UUHT, land rights can be made into mortgages, property rights, business use rights, building use rights and use rights over state land, while PP 18 of 2021 explains usufructuary rights can be used as collateral for mortgage rights. In the phenomenon that occurs, usufructuary rights over individual rights experience rejection by the banking system when they are used as collateral for mortgage rights. Based on these problems, the formulation of the problem is how to implement guarantees for usufructuary certificates over individual property rights related to refusal of financing by banks and how legal certainty guarantees mortgage rights over usufructuary certificates over individual property rights related to refusal of financing by banks. The theory used is Legal Certainty from Gustav Radbruch and Satrio's Guarantee Law Theory. The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials, supported by interviews. The research approach used is the statutory approach, conceptual approach, analytical approach and case approach, and legal material collection techniques are carried out by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. For technical analysis of legal material, it is carried out by means of legal interpretation (interpretation) of grammatical interpretation and systematic interpretation and methods of legal construction. The results of research on usufructuary rights on individual land cannot be encumbered with mortgage rights, this makes it ambiguous between the UUHT and PP 18 of 2021. There needs to be an affirmation in PP 18 of 2021 as well as the guarantee of usufructuary rights so that they can be in line with UUHT
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Razak, Ferli, Weni Almoravid Dungga, and Julius T. Mandjo. "Settlement of Land Use Rights Disputes of PT Lebuni Plantations and Shareholders through Non-Litigation Channels." Damhil Law Journal 2, no. 2 (November 30, 2022): 96. http://dx.doi.org/10.56591/dlj.v2i2.1750.
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<p><em>Land is a gift that comes from God Almighty. Soil plays an important role for society and plants. one of which is realized by giving land rights to citizens for land farmers who play an important role in depending on their lives from crops. Land rights that have developed quite rapidly are Cultivation Rights. The usufructuary right contained in Law Number 5 of 1960 UUPA in Article 28 Paragraph 1 states that the usufructuary right is the right to cultivate land controlled by the state within a certain period of time for agricultural, fishery and fisheries businesses. The research aims to find the right solution for various land use conflicts, especially in optimizing the use of abandoned land. This solution is needed to avoid potential horizontal conflicts between communities, companies and the government.</em></p>
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Supriyanto, Heroe, Kurnia Warman, and Zefrizal Nurdin. "Granting of the Usufructuary Rights over Customary Land for Oil Palm Plantations in Nagari Inderapura of Pesisir Selatan Regency." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (October 11, 2019): 104. http://dx.doi.org/10.18415/ijmmu.v6i5.1068.
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The objectives of this study are to: 1) describe and explain the granting of oil palm plantation licensing which becomes usufructuary rights, 2) describe and explain the release of customary rights for the oil palm plantation business, and 3) describe and explain the granting and registration of usufructuary rights of oil palm plantation originating from customary rights. This study employs an empirical juridical approach. Granting of oil palm plantation business licensing occurs with the approval of the principle of oil palm plantation cultivation business, application for location permits and a letter from the Governor of the Level I Region of West Sumatra Province regarding licensing for land clearing for the oil palm plantation business. Currently, the release of customary rights for the oil palm plantation business in Nagari Inderapura is carried out using the custom of “diisi limbago dituang” method through consensus agreement with payment of silihjariah money to ninik mamak with a total land area of ± 11,930 hectares. Granting and registration of usufructuary rights of oil palm plantations must be registered in the land book at the land office and must also advance the rights of local customary people. In this case, the main target of the use of customary land is to improve the welfare and prosperity of customary people. In addition, in agrarian reform, land redistribution is required to provide at least 20% (twenty percent) of the land area used for the local community.
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Rohman, Miftakur. "HUKUM WARIS ISLAM: SOLUSI AKHIR UNTUK KETIMPANGAN SOSIAL TERHADAP PEREMPUAN." MASADIR: Jurnal Hukum Islam 2, no. 2 (December 11, 2022): 431–46. http://dx.doi.org/10.33754/masadir.v2i2.577.
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When a person passes away, most of his rights, according to Islamic law, are given to his heirs and representatives. All property rights, usufructuary rights, and other collateral rights are included in this transferrable right. The Islamic system of inheritance features a broad distribution plan centered on a larger familial circle. The work that must be accomplished for each of the parts determines how they differ from one another. However, there is significant discrimination against the social roles of women. Therefore, a woman's inherited share becomes significant if she is granted the ability to use that portion.
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Shchennikova, L. V., and A. Yu Migacheva. "Usufruct Law: Origins, Comparative Legal Analysis and Prospects of the Development in Russia." Вестник Пермского университета. Юридические науки, no. 52 (2021): 321–45. http://dx.doi.org/10.17072/1995-4190-2021-52-321-345.
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Introduction: the reform of modern civil legislation cannot be completed without the adoption of a package of amendments to the section of the Civil Code of the Russian Federation devoted to real rights. Moreover, the lack of a developed and consistent concept of real rights has a negative impact on the development of all related areas. Real rights are designed to solve strategic problems of state development, among which social issues are currently coming to the fore. In this regard, it is important to study individual real rights proposed for introduction into civil legislation in terms of their potential to promote not only the economic but also the social development of the country. This paper focuses on usufruct in the aspect of its historical identity, powerful functional message, and internationality. Purpose: the research aims to clarify the significance of real law[1] regulation in solving nationally significant problems. Based on the achievements of foreign doctrine and legislation, we attempt to show the prospects of the introduction of usufruct in the Russian system of real rights. Methods: general (philosophical), general scientific, special scientific (including special legal) methods of cognition: dialectical, logical, historical, sociological, comparative-legal and formal-legal. Results: we have studied civil legislation of thirty countries of the world. The study has shown that the introduction of usufruct can have a positive social and economic effect, but only provided that the legislator does not deviate from the historically established concept of usufruct embodied in foreign law. Conclusions:the Draft of Section II of the Civil Code of the Russian Federation ‘Real Rights’ needs revision, with the initial social function of usufruct taken into consideration. It is necessary to work out a system of grounds for the emergence and termination of usufructuary rights, to introduce a mandatory notarial form of a contract for the establishment of usufruct, to provide for the possibility of establishing usufruct by virtue of law in relation to socially significant objects and on the basis of a court decision, to enshrine non-use of the right among the grounds for termination; to allow the establishment of usufruct in relation to citizens and legal entities, and not only non-profit organizations; to allow multiple usufructuaries; to describe in detail the rights and obligations of the owner and the usufructuary, including the duties of treating the property with care, and to indicate the possible limits of the disposal of the property by the usufructuary, including via transactions; to work out the rules for the exercise of the right of usufruct in relation to certain categories of objects, for example: property of minors, inheritance, agricultural land, forests, minerals, etc.
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Pracka, Małgorzata. "Tryb procedowania oraz przesłanki przekształcenia użytkowania wieczystego w prawo własności." Studia Prawa Publicznego, no. 1 (41) (March 15, 2023): 91–109. http://dx.doi.org/10.14746/spp.2023.1.41.5.
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The right of perpetual usufruct has been operating in the Polish legal system since the 1960s. The essence of this right consists in the possibility for the perpetual usufructuary to use land which is publicly owned, to the exclusion of other persons, along with the right to dispose of it. The content of the right to perpetual usufruct is therefore similar in substantive terms to the ownership rights, although it is subject to certain determinants particular only to this law. The limits of the rights of the perpetual usufructuary are determined not only by the provisions of acts, rules of social coexistence, but also by the provisions of the agreement for subjecting land to perpetual usufruct. In addition, the temporary nature of the law and the rules of payment, including the possibility of updating the annual fee for perpetual usufruct, meant that for many years legislative activities were undertaken in the scope of enfranchising perpetual usufruct users. The Act of 20th July 2018 on the transformation of the right of perpetual usufruct of land developed for housing purposes into the ownership right to this land performed normative enfranchisement of perpetual usufruct users. The procedure of confirming enfranchisement is made by the public administration authority in the form of a certificate. The requirement to issue a certificate sometimes demands that the authority conduct a multi-faceted analysis in terms of meeting the conditions for such enfranchisement. Both the material scope of the act, the content of the issued certificate and the paid character of the enfranchisement to which the provisions on state aid apply in practice generate many obligations on the part of the authority issuing the certificate. Due to the universal character of the enfranchisement process and some of its specific features, the legal solutions proposed by the legislator in this area require a more in-depth analysis.
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Woroniecki, Paweł. "Legalfinancial consequences of passing (changing) a local plan of spatial development for an owner (a perpetual usufructuary) of a real estate." Nieruchomości@ I, no. I (March 31, 2020): 86–100. http://dx.doi.org/10.5604/01.3001.0013.9035.
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The article refers to legalfinancial consequences of passing either changing a local plan of spatial development, which can touch an owner (a perpetual usufructuary) of a real estate. These consequences are stated first of all in the Planning and Spatial Development Act of 27th March 2003 (consolidated text: Journal of Laws of 2018 item 1945 with later amendments). This paper intends to outline a normative situation of the owner (the perpetual usufructuary) of the real estate as an entity who experiences these consequences. On the ground of the above-mentioned act two situations have been separated, in which this entity may find himself. In the first situation he will have to pay a single charge for the benefit of commune, when there will be a connection between the passing (changing) a local plan of spatial development and increasing in value of the real estate disposed by him (see article 36 item 4 of the Planning and Spatial Development Act). Whereas in the second situation, it’s the owner (the perpetual usufructuary) of the real estate will have specified financial rights towards the commune, at the same time this situation will occur for example, when he won’t be able to take advantage of the whole or the part of the real estate and this will be connected with the passing (changing) a local plan of spatial development (see article 36 item 1 of the Planning and Spatial Development Act).
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Permatadani, Ega, and Anang Dony Irawan. "KEPEMILIKAN TANAH BAGI WARGA NEGARA ASING DITINJAU DARI HUKUM TANAH INDONESIA." Khatulistiwa Law Review 2, no. 2 (October 31, 2021): 348–58. http://dx.doi.org/10.24260/klr.v2i2.356.
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Abstrak
Di Indonesia, tanah bagian dari tanggung jawab secara nasional untuk terwujudnya penguasaan, pemanfaatan, dan kepemilikan tanah. Tanah merupakan modal dalam pembangunan suatu bangsa dan dapat dimanfaatkan untuk kesejahteraan dan kemakmuran bagi warga negara. Seiring perkembangan global, banyak WNA yang datang ke Indonesia baik dalam rangka wisatawan, hubungan perkawinan, maupun urusan bisnis yang berlokasi di Indonesia sehingga membuka kesempatan bagi WNA untuk dapat memiliki alas hak atas tanah. Oleh karena itu, tujuan penulisan artikel ini untuk menelaah hak-hak atas tanah yang dapat dikuasai oleh WNA di Indonesia. Menurut Undang-Undang Pokok Agraria, WNA dapat menguasai tanah melalui hak pakai atau hak sewa untuk bangunan. Di beberapa regulasi lain WNA juga dapat mendirikan rumah di atas tanah hak pakai, dapat juga memperoleh tanah yang berasal dari hasil perkawinan dengan WNI setelah adanya perjanjian pemisahan harta. Namun, sifat hak milik sebagai hak terkuat menjadi incaran para WNA dengan melakukan penyelundupan hukum, sehingga pada praktiknya sering terjadi WNA dan WNI melakukan perjanjian hak milik atas tanah melalui perjanjian nominee trustee agreement. Oleh karena itu, maraknya praktik tersebut harus direspon dengan penguatan hukum pertanahan agar WNA tidak dengan mudah melakukan penyelundupan hukum dalam memperoleh hak atas tanah.
Abstract
In Indonesia, the land is part of the national responsibility for realising land tenure, use and ownership. The land is the capital in the development of a nation. It can be used for the welfare and prosperity of citizens. Along with global consequences, many foreigners who come to Indonesia for tourists, marital relations, and business affairs are located in Indonesia, thus opening up opportunities for foreigners to have land rights. Therefore, the purpose of writing this article is to examine land rights that foreigners in Indonesia can control. According to the Basic Agrarian Law, foreigners can control land through usufructuary rights or rental rights for buildings. In several other regulations, foreigners can also build houses on land with usufructuary rights and acquire land from marriages with Indonesian citizens after an agreement on the separation of assets is made. However, the nature of property rights as the most vital right has become the target of foreigners by conducting legal smuggling. In practice, foreigners and Indonesian citizens often enter into land ownership agreements through a nominee trustee agreement. Therefore, the rampant practice must be responded to by strengthening the land law so that foreigners do not easily carry out legal smuggling in obtaining land rights.
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Sappe, Suryani, Adonia Ivone Latturete, and Novyta Uktolseja. "Hak Pakai Atas Tanah Hak Milik dan Penyelesaian Sengketa." Batulis Civil Law Review 2, no. 1 (May 31, 2021): 78. http://dx.doi.org/10.47268/ballrev.v2i1.560.
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The process of the occurrence of use rights over land is based on statutory regulations and government regulations to prevent misuse of the administration process. However, in this era of increasingly modern life, there are many disputes relating to control and use of land for public, individual and private interests. The right to use is not at all a new land rights institution, but it is less well known than the ownership rights, land use rights, or building use rights, for that it requires a correct understanding of the right to use in order to use it responsibly. The purpose of this paper is to study and analyze the arrangements for use rights over land with ownership rights and to study and analyze the process of settling usufructuary disputes over land with ownership rights. The method used in this research is the normative juridical method using the statute approach and the conceptual approach, and the case approach is then studied and used as material for descriptive analysis in order to obtain answers to the problems that occur. The results of the research show that the regulation of use rights over land with ownership rights is very important because, when the right to use stands, buildings or objects become assets of the recipient of the right to use. So when the right of use expires or is canceled it will have a legal effect on the objects on it, thus it is hoped that there must be regulations governing objects or buildings that are included in the relinquishment of use rights even though there is an agreement made by the parties.
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Suwardi, Suwardi. "HAK KEPEMILIKAN TEMPAT TINGGAL BAGI WNA DI BIDANG PROPERTI." Perspektif Hukum 17, no. 1 (May 3, 2017): 138. http://dx.doi.org/10.30649/phj.v17i1.157.
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Abstract : The residential property sector in Indonesia remains attractive even though there are several factors that have hampered growth over the past two years. The ownership for singles related to property refers to Government Regulation Number 40 of 1996 concerning Building Use Rights, Business Use and Use Rights to Land; Government Regulation Number 41 of 1996 concerning Housing or Residential Houses by Foreigners Domiciled in Indonesia; Law Number 25 of 2007 concerning Investment. Secondly, foreigners can buy or own a house in Indonesia above usufructuary rights, but the maximum time period given is 10 years for land under 2000 square meters. At present, more than 50% of Indonesia's population lives in urban areas. This means that there will be more houses, apartments and condominiums to be built in Indonesian urban areas to meet growing demand. This situation also implies that due to lack of land availability in urban areas, prices tend to rise rapidly, while developers need to increasingly focus on vertical property development such as apartments and condominiums. <br /> <br />Keywords: Residential, Ownership Right by Foreigners, Property
Dissertations / Theses on the topic "Usufructuary rights"
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Li, Wenjing <1982>. "The economic analysis of the usufructuary rights on land of China." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2010. http://amsdottorato.unibo.it/3047/1/The_economic_analysis_of_the_usufructuary_rights_on_land_of_China.pdf.
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Li, Wenjing <1982>. "The economic analysis of the usufructuary rights on land of China." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2010. http://amsdottorato.unibo.it/3047/.
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Choudhuri, Govinda. "Forest CPRs and usufructuary rights in a changing forest base : a case study of community adaptation in the Eastern Himalayan." Thesis, University of North Bengal, 2010. http://hdl.handle.net/123456789/1375.
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Anastasios, Tekeoglou Joakim Prevander. "Nödsituationer i en hyresgästs lägenhet : vilka är en hyresvärds rättigheter och skyldigheter?" Thesis, Högskolan i Jönköping, Internationella Handelshögskolan, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-21369.
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The aim of the thesis is to clarify the landlord’s rights and obligations towards the tenant when a case of emergency occurs in the tenant’s apartment. What can a landlord do to get access to the tenant’s apartment when a case of emergency occurs? Will the landlord be liable if he damages any property of the tenant during the time in the apartment? These are some of the questions that we will answer. The problem is guided by two main principles: the landlord’s right of possession of the apartment and also the tenant’s right of use of the same property. The conflict between these two principles and between the interests of the landlord and the tenant is the foundation of this problem. Case of emergencies in an apartment are not regulated in Swedish law. Therefore, we have chosen to do comparisons to other forms of similar situations, which already are regulated in the law. These comparisons are made to see if similar rules can be applicated to cases of emergencies in the tenant’s apartment. In addition to this, we have also used case law, which treats similar situations, to see if the principles from these cases also can be applicated in case of emergencies in the tenant’s apartment.Uppsatsens syfte är att klargöra hur hyresvärdens rättigheter och skyldigheter gentemot hyresgästen regleras vid en nödsituation i hyresgästens lägenhet. Frågor som vi kommer att försöka svara på är bl a: hur långt får hyresvärden gå när han bereder sig tillträde till hyresgästens lägenhet? Blir han ersättningsskyldig om han skulle skada hyresgästens egendom då en nödsituation föreligger? Problemet är utöver ett obligationsrättsligt, även ett sakrättsligt problem. De sakrättsliga principer som ligger till grund för problemet är äganderätten och nyttjanderätten. I vårt fall kommer dessa till uttryck genom att hyresvärden, som har äganderätten till sin egendom, upplåter nyttjanderätten av sin egendom till hyresgästens förmån. Det här förhållandet mellan hyresvärden och hyresgästen är en av orsakerna till att det uppstår ett problem vid hyresvärdens tillträde till lägenheten vid en nödsituation. Eftersom nödsituationer inte är reglerade i 12 kap. 26 § Jordabalken har vi valt att göra jämförelser med andra typer av situationer som finns reglerade i lagen. Dessa är: mindre brådskande förbättringsarbete och annat arbete, brådskande förbättringsarbete och bekämpning av ohyra i hyresgästens lägenhet. Dessa jämförelser görs för att utreda vilka regler som kan tänkas tillämpas då en nödsituation föreligger. För att uppfylla syftet har vi även tagit hjälp av ett par äldre rättsfall som behandlar områden som har nära anknytning till vårt problem.
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Buchar, Jan. "Právo stavby a jiné možnosti postavit dům na cizím pozemku." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-342921.
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Usufructuary right of building and other ways of erecting house on the land of another The purpose of this thesis is to analyse comprehensively the institute of usufructuary right of building and other ways of erecting house on the land of another. Other legal institutes that can be used to set up home on a foreign land are easements, lease, usufructuary lease, precarious loan and loan for use. The Civil Code, after more than sixty years, is returning to the superficial principle, with which is the usufructuary right of building inherently connected and which represents an exception from that principle. Thesis is divided into four parts. The largest is the first part, which deals with the usufructuary right of building. The second part is devoted to other institutes, which enable the establishment of a house on a foreign land. The third part is the comparison of the usufructuary right of building with other institutes. The fourth part focuses on the usufructuary right of building legislation abroad. The focus of this thesis is in the first part, which consists of nine chapters. The first chapter defines the basic concepts and institutes related to the usufructuary right of building. The second chapter describes the history of the usufructuary right of building. The third to the seventh chapter...
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Tan, Hung-Chun, and 談虹均. "Research on the Debate of Mainland China Usufructuary Right." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/27154451055786822856.
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Lin, Yuan-Feng, and 林源峰. "The Comparably of Common Legal Systems on the Usufructuary Right Between Taiwan and Mainland China —— Focus on the Right of the Land Use." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/08670311854456416428.
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碩士中國文化大學
法律學研究所
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The land is the life basic for people to live and it’s also the important property for production. Due to the lack of it, how to utilize the land to ensure social safety and to raise life quality is the most important subject that people are concerned. Meanwhile, usufructuary right benefit of someone’s property becomes its own and utilization relationship of the harmonization articles. In addition, it becomes the important lawful system of the suitable market economic to satisfy capital assets utilization. In Taiwan, the land is existed system between public and private. The common land, except the private or public land, must follow law or the agreement between parties to have others utilize or benefit via the creditor’s right of the rant or lend or settlement of article’s right. In China, the land is owned by the nation or group and it’s used by organization or people through administration assignment or securable deed. No matter what kind of method it is, with consideration of the right judgment and guarantee of parties, it must establish law system to control and for the standard once the argument is occurred. In China, the private law system with respect to people property lasts the long term traditional habits, especially in the socialism market economic since the innovation is happened. Carrying out payable the right to the use of the land, the usufruct of the land becomes the property of the utilization value and exchange value. In addition, it can be involvement in the market for finance and deal. The right to the use of the land changes from the law relationship of administration character to law guarantee system of civil article right. With the consideration of the region civil law development, the practical experience in Taiwan with respect to land usufructuary right benefit of one’s property becomes the warning for establishing article right law system in China no matter in land utilization to raise public benefit or the judgment & guarantee of the land proprietor & right and obligation of the user. The three times counsel for China protocol of real right law finally gets fourth time counsel after annunciation and ask comments to social. Although it’s still under draft but the recommendation and counsel result which is addressed by law specialist, scholar and people also deserves the future modification reference for the rights in rem in Taiwan.
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Lupač, Petr. "Právo stavby a jiné možnosti realizace stavby na cizím pozemku." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-352751.
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The topic of this thesis is the superficiary right of building (and other possibilities of building on the land belonging to a third party, though the focus is primarily on the institution of the superficiary right of building). The principle "superficies solo cedit" was reintroduced in Czech legislation when the new Civil Code (Act No. 89/2012, Coll.) came into force. Along with this principle, the institution known as superficiary right of building has also returned to Czech law after a hiatus of more than 50 years. This thesis seeks to provide a comprehensive interpretation of the superficiary right of building, to explain the individual rights and obligations arising from the superficiary right of building, and to compare the institution of superficiary right of building to other possibilities of erecting a building on land which belongs to someone else. The first chapter defines some of the basic concepts which facilitate the explanation of individual issues and the understanding of certain connections in the following chapters. The second chapter describes the history of the superficiary right of building, which has its roots in the times of ancient Rome. This chapter also undertakes a characterization of legal regimes which were previously in force on the territory of todayʼs Czech Republic. Over the...
Book chapters on the topic "Usufructuary rights"
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"Chapter 16. Usufructuary Rights." In Chinese Civil Law, edited by Yuanshi Bu, 314–20. Nomos, 2013. http://dx.doi.org/10.5771/9783845266350-314.
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