Littérature scientifique sur le sujet « Possession (Law) – Europe »
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Articles de revues sur le sujet "Possession (Law) – Europe"
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Keen, Ian. « The language of possession : Three case studies ». Language in Society 42, no 2 (avril 2013) : 187–214. http://dx.doi.org/10.1017/s0047404513000043.
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AbstractAnthropologists often construe “property” in terms of rights, obligations, and interests, or use “property” in a largely undefined way. The use of the language of rights as a metalanguage is questionable for it is culturally specific, having developed in the Early Modern period in Europe in the context of the spread of market relations and the growth of contract law. One might ask, how are “rights” expressed and constituted in the indigenous languages? The article examines the role of language in the constitution of possession relations with reference to three case studies: ownership of land by Kaiadilt people of Bentinck Island in the Gulf of Carpentaria, possession more generally among Navajo of the southwest United States, and family/household “property” of the Southern Song dynasty of China. It focuses on the constitution of possessors, possessions and connections between them, and the expression of norms entailed by relations between possessor and possessum. (Property, possession, rights, Kayardild language, Navajo language, Southern Song dynasty, metalanguage)*
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IVERSEN, LESLIE. « Cannabis and the law — high time for reform ? » European Review 12, no 4 (octobre 2004) : 513–25. http://dx.doi.org/10.1017/s1062798704000444.
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Cannabis is the most widely used illegal recreational drug in Europe; up to 5% of the total population are regular users in some countries. Smoking cannabis can damage the lungs, and some users may become psychologically dependent on the drug. Heavy cannabis use may also be associated with an increased risk of psychiatric illness — although no cause and effect relationship has been established. Nevertheless, there is a general consensus among medical and scientific experts that the health hazards of cannabis have been exaggerated. European countries differ widely in their attitude to enforcing the 1961 UN Convention on Narcotic Drugs, which declared cannabis to be an illegal narcotic. In the Netherlands the so-called ‘Dutch Experiment’ has decriminalized cannabis use for almost 30 years without any serious adverse social or public health consequences. On the other hand, most Scandinavian countries maintain a fiercely punitive legal regime, while other countries in Europe are moving towards a relaxation of the criminal penalties for possession and use. There is an urgent need for more debate about the need to reform the cannabis laws and for more consistency across Europe.
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Hughes, R. « “Possession is Nine Tenths of the Law” : Britain and the Boundaries of Eastern Europe since 1945 ». Diplomacy & ; Statecraft 16, no 4 (décembre 2005) : 723–47. http://dx.doi.org/10.1080/09592290500331022.
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Rosati, Simone. « Community (Custom) vs. State (Law) : The Debate about Property in the Papal States in the 18th – 19th Centuries ». Studia Iuridica 80 (17 septembre 2019) : 335–53. http://dx.doi.org/10.5604/01.3001.0013.4817.
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During the 18th century, an increasingly strong individualistic attitude in the way of understanding the relationship between man and the tangible world spread throughout Europe. The legal institution which, more than any other, suffered from the effects of this reductionism was the Property as victim of incredible compression in comparison to medieval world. The exclusive model that the new Enlightenment and the bourgeois mentality wanted to adopt was the individual Property, to the detriment of all those forms of possession documented in the Middle Ages. The present study intends to investigate, in the geographical context of the Papal States, the great juridical dispute between the individualistic model – endorsed by the Sacred Legislator – and that of a collectivistic nature defended by the Community.
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Aronovitz, Alberto M. « Individual Patrimonial Rights Under the European Human Rights System : Some Reflections on the Concepts of Possession and Dispossession of Property ». International Journal of Legal Information 25, no 1-3 (1997) : 87–104. http://dx.doi.org/10.1017/s073112650000812x.
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Both in general and in regional international law, the subject of private patrimonial rights presents a spectrum of interesting points for discussion. Amid the most notorious issues that have loomed in recent times in relation to this topic, one could refer to the dispute over the dormant accounts of Holocaust victims in Switzerland and other European countries (or, more widely, to the entire question of gold and other property stolen by the Nazis during the Second World War), to the problem of reprivatization of property in Eastern Europe, or to the issue of restitution of property taken in pursuance of communist reforms in the former Soviet Union and its former satellite countries.
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Müller, Julian M. « Comparing Technology Acceptance for Autonomous Vehicles, Battery Electric Vehicles, and Car Sharing—A Study across Europe, China, and North America ». Sustainability 11, no 16 (10 août 2019) : 4333. http://dx.doi.org/10.3390/su11164333.
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The automotive industry today faces three major transitions: the emergence of autonomous driving, electric powertrain replacing the internal combustion engine, and changes in possession of automobiles, e.g., increased usage of car sharing. As all three transitions are fostered by technologies that drive digital transformation of automobiles, the Technology Acceptance Model (TAM) by Davis represents the underlying research model of this paper. Hypotheses are developed and tested for a sample of 1177 participants using Partial Least Squares Structural Equation Modeling (PLS-SEM). Group differences are investigated for three markets: Europe, North America, and China. The paper confirms the underlying assumptions of the Technology Acceptance Model in the context of automobiles. Further, it illustrates influential societal norms and individual experiences for technology acceptance. In addition, compound effects for technology acceptance are found, e.g., the perceived enjoyment of electric driving affects the acceptance of autonomous driving and car possession behavior. The novel approach to integrate three different technologies within the Technology Acceptance Model requires unifying items to a level which makes them comparable, limiting the results for each individual technology. For practice, automotive manufacturers obtain advice on how to foster technology acceptance. For society, the paper uncovers the role of societal norms for technology acceptance in the context of automobiles. Policy makers can obtain insights on how to successfully increase technology acceptance, e.g., for environmental purposes. Conclusively, the paper applies the Technology Acceptance Model for three developments in the context of automobiles, thereby extending current research using the Technology Acceptance Model.
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Maydanyk, R., N. Popova et N. Maydanyk. « EUROPEANIZATION AND RECODIFICATION. USUFRUCT ». Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no 119 (2021) : 40. http://dx.doi.org/10.17721/1728-2195/2021/4.119-8.
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The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation in the Law of Ukraine of the best practice of usufruct in terms of Europeanization and Recodification. The peculiarities of usufruct in some countries of Romano-Germanic law, particularly in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia are studied. Usufruct, which is a flexible and universally recognized in the legal systems of Western Europe property right of personal possession for use, which is treated as an independent property right to another's property in the countries of Roman legal family or a kind of easement in the countries of German legal family, remains unknown to most countries – republics of the former Soviet Union. The law of Ukraine also does not provide for the institution of usufruct and regulates the relationship of long-term use of someone else's real estate through a number of limited property rights (emphyteusis, superficies, the right to economic management, the right to operational management) and obligational legal structures (usually land lease and property management). The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter "Uzufruct", the framework provisions of which are proposed in this paper. In the law of Ukraine it is expedient to recognize usufruct as an independent, different from easement, real right of personal possession for use, which serves as a general provision on emphyteusis (the right to use someone else's land for agricultural purposes). In this regard, the provisions of Chapter 32 of the Civil Code of Ukraine on usufruct should be applied to relations under emphyteusis, unless otherwise provided by the provisions of the Central Committee on emphyteusis and does not follow from its essence. According to its purpose, the legal structure of the usufruct can perform any functions of personal possession for the use of another's property, which allows the use of this legal structure in any area of property use, regardless of whether the purpose is income or other socially useful result (charity, etc.). The absence of usufruct in the national law hinders the effective transformation of legal titles on a state and municipal property by waiving the right of economic management and the right of operative management in terms of recodification of the civil legislation, and does not promote formation of the full-fledged land market and its steady development in the terms of cancellation of the moratorium on sale of the agricultural lands, conducting commodity of agricultural production in Ukraine. Regarding the recodification and cancellation of the Commercial Code, usufruct is the most acceptable replacement of the right of economic management and the right of operative management. Along with long-term lease and property management, the usufruct is functionally similar to the right to economic management and the right to operational management. Unlike property management and lease, usufruct provides for paid or gratuitous use of property in the user's own interest (usufructuary), imperatively defined by law, the content of the rights of participants and a list of grounds for their termination under the rules of property rights.
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Синицын, Сергей, et Sergey Sinitsyn. « SECURITY PROPERTY OR THE INSTITUTE OF PLEDGE ACQUISITION ACCORDING TO THE CIVIL LAW OF ESTONIA ». Journal of Foreign Legislation and Comparative Law 1, no 4 (29 octobre 2015) : 0. http://dx.doi.org/10.12737/14269.
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Legal regulation of proprietary interest in Estonia is associated with adoption of the Law “On the Proprietary Interest” in 1993, which has established the legal framework of the systemic proprietary interest regulation in the Estonian civil law. It must be noted that this law is distinguished by its substantive elaboration of general provisions on proprietary interest and individual elements of the system of proprietary rights (ownership, limited proprietary rights, possession), is prepared on the basis of consistent terminology and with the use of a ramified framework of categories and concepts of civil law. Insight into contents of the Law “On the Proprietary Interest” leaves no doubt as to its long-term elaboration and discussions, with involvement of the legal community and foreign experts, which, it is logical to assume, should have preceded its adoption. However, the reality is that the adoption of the Estonian law “On Proprietary Interest” was a rapid revolutionary step of the national legislators in the post-Soviet space, in the conditions of the crashed system of the socialist civil law and its guiding principles, which, in principle, had not been aware of any regulation of the system of proprietary rights and its individual elements. It is, certainly, possible to assume that the Estonian legislation has borrowed the provisions and institutions which had been regulated by the 1940 draft Civil Code of Estonia, which had been drawn up on the basis of the 1865 Code of Civil Legislations of Baltic (Ostsee) Provinces. However, it is impossible not to see as well that the Estonian law “On Proprietary Interest” has also apprehended the modern traditions of the continental European private law in regulation of certain institutions of proprietary interest, which evidences another manifestation of trends of harmonization and integration of civil law in Europe.
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de Avilez Rocha, Gabriel. « Tamar Herzog , Frontiers of Possession : Spain and Portugal in Europe and the Americas, Cambridge, MA : Harvard University Press, 2015. Pp. 400. $35.00 Hardcover (ISBN : 978-0-674-73538-5). » Law and History Review 35, no 2 (mai 2017) : 545–47. http://dx.doi.org/10.1017/s0738248017000116.
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Hershenzon, Daniel. « Traveling Libraries : The Arabic Manuscripts of Muley Zidan and the Escorial Library ». Journal of Early Modern History 18, no 6 (30 octobre 2014) : 535–58. http://dx.doi.org/10.1163/15700658-12342419.
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In 1612, a Spanish fleet captured a French ship whose stolen cargo included the entire manuscript collection of the Sultan of Morocco, Muley Zidan. Soon, the collection made its way to the royal library, El Escorial, transforming the library into an important repository of Arabic books, which, since then, Arabists from across Europe sought to visit. By focusing on the social life of the collection, from the moment of its capture up through the process of its incorporation into the Escorial, this article examines three related issues: the first regards the social trajectories of books and the elasticity of their meaning and function, which radically altered in nature. The second part of the article examines the circulation of the Moroccan manuscripts in relation to a complex economy of restrictions over the reading and possession of Arabic manuscripts in early modern Spain. Finally, the third part focuses on the political and legal debates that ensued the library’s capture, when the collection became the locus of international negotiations between Spain, Morocco, France and the Dutch United Provinces over Maritime law, captives, and banned knowledge. By placing and analyzing the journey of Zidan’s manuscripts within the context of Mediterranean history, the paper explains (1) why Spain established one of the largest collections of Arabic manuscripts exactly when it was cleansing its territories of Moriscos (Spanish forcibly converted Muslims), and (2) why the Moroccan collection was kept behind locked doors at the Escorial.
Thèses sur le sujet "Possession (Law) – Europe"
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Ramshaw, Adam. « The role of Article 8 of the European Convention on Human Rights in public and private sector possession proceedings ». Thesis, Northumbria University, 2016. http://nrl.northumbria.ac.uk/36013/.
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This thesis is concerned with the legal shortcomings flowing from Manchester City Council v Pinnock.1 Following Pinnock tenants of local authorities may have the proportionality of a possession order considered by the court in light of art.8 of the European Convention on Human Rights and the Human Rights Act 1998. However, there are questions outstanding from Pinnock. Firstly, there has been a failure within the courts to appreciate the importance of the home to the individual, their family, and society in general. Secondly, domestic courts have not provided adequate reasons for limiting art.8 to proceedings involving a local authority. Thirdly, the nature of proportionality within possession proceedings has been poorly conceived thereby marginalising art.8’s effects. This thesis draws support from philosophical and sociological literature to illustrate the deep connection a person feels towards their home. These connections exist irrespective of ownership yet it is these non-legal interests which are often overlooked by the courts. It is argued here that art.8 may protect these non-legal interests. Further, this thesis questions why art.8’s protection ought to be limited to proceedings involving a public sector landlord. The thesis provides an overview of the competing theories concerning horizontal effect and their related shortcomings. The work of Alexy is used to argue that horizontal effect is a singular phenomenon thereby making art.8 applicable in private proceedings. The public/private divide is then critiqued to demonstrate the theoretical viability of horizontal effect where a person’s home is at risk. The final strand of this thesis is concerned with how the competing interests of landlords and tenants may be adjudged. To this end a structured proportionality model is developed to replace the general proportionality exercise utilised by the courts following Pinnock. This proportionality model is then applied to existing case law to demonstrate its viability and context sensitivity.
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Maxwell, Douglas. « Rights to property, rights to buy, and land law reform : applying Article 1 of the First Protocol to the European Convention on Human Rights ». Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285096.
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This dissertation examines the application and effect of Article 1 of the First Protocol to the ECHR in relation to Scots land law reform. Chapter one will reflect on why existing rights to property have come to be challenged. Chapter two sets out the human rights paradigm and scrutinises what rights and whose rights are engaged. Chapter three traces the development of A1P1. Chapter four applies the human rights paradigm to contemporary reforms. Chapter five considers the broader effect A1P1 has had on domestic property law. This dissertation submits that the problem to be overcome is that, in many instances, Scots land law reform has been reduced into a simplistic struggle. A1P1 has been held up as either a citadel protecting landowners or as an ineffective and unjustified right to be ignored. At the core of this debate are competing claims between liberal individualist rights to property and socially democratic, egalitarian goals. This dissertation argues that it is important to move beyond this binary debate. This is not about finding some mysterious "red card" or eureka moment that conclusively shows compatibility or incompatibility. Instead, compatibility will be determined by following a rule-based approach that values rational decision-making and the best available evidence, as well as the importance of democratic institutions. As such, it will be illustrated how future challenges are likely to focus not on the underlying purpose of land law reform but on the macro or micro granularity of Ministerial discretion. In coming to this conclusion, it will be argued that A1P1 has a pervasive influence on the entire workings of all public bodies and, like a dye, permeates the legislative process.
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Sirvent, Bruno. « Le trafic d'armes à feu dans l'Union européenne ». Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0653/document.
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Le trafic d’armes à feu au sein de l’Union européenne est une menace préoccupante contre l’espace de liberté, de sécurité et de justice poussant l’Union et ses États membres à réagir afin de renforcer leur cadre juridique. Néanmoins, il est difficile d’apporter aux problématiques posées par le trafic d’armes à feu une solution légale du fait de ses caractéristiques et sa transversalité. Les stocks d’armes à feu se trouvant aux frontières de l’Union européenne sont détournés afin d’être introduit dans l’espace sans frontières par de multiples acteurs aux intérêts et motivations diverses. Ces traits de caractères rendent difficile la mise en place d’un cadre juridique harmonisé dans des domaines restant sous le joug de la souveraineté nationale. Ces difficultés ont entrainé le développement d’un cadre juridique imparfait et limité créant des failles juridiques dont les trafiquants profitent. Néanmoins, les solutions existent et sont pour certaines déjà présentes dans le cadre normatif de l’Union européenne. Cependant, l’évolution du trafic d’armes à feu et de ses acteurs conduit également à envisager le développement de nouveaux mécanismes et de nouveaux pans du droitFirearms trafficking within the European Union is a worrying threat to the area of freedom, security and justice, prompting the Union and its Member States to react in order to strengthen their legal framework. Nevertheless, the issue of firearms is complex to legislate because of its characteristics and its cross-cutting nature. Firearm stocks at the borders of the European Union are diverted in order to be introduced into the border-free area by multiple actors with diverse interests and motivations. These characteristics make it difficult to establish a harmonised legal framework in areas that remain under the yoke of national sovereignty. These difficulties have led to the development of an imperfect and limited legal framework creating legal loopholes from which traffickers benefit. Nevertheless, solutions exist and some of them are already present in the European Union's normative framework. However, the evolution of firearms trafficking and its actors also leads us to consider the development of new mechanisms and new areas of the law
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PASSINHAS, Sandra. « Dimensions of Property under European Law. Fundamental Rights, Consumer Protection and Intellectual Property : Bridging Concepts ? » Doctoral thesis, 2010. http://hdl.handle.net/1814/13759.
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Defense Date: 16 April 2010Examining Board: Prof. Christian Joerges (supervisor), University of Bremen Prof. Miguel Poiares Maduro, EUI Prof. Peter Sparkes, University of Southampton Prof. Jules Stuyck, Catholic University, Leuven
The aim of this thesis is, first, to reconsider property as a legal concept and as a social institution, by taking into consideration several insights provided by social sciences. Secondly, several regulatory measures are proposed in order to enhance an adequate protection of property. The author stars by analysing the protection of property as a fundamental right under EU law. She claims that the ECJ’s challenge is to strike the right balance between property rights and market build-up. Such a balance is to be found in the communicative network of discourses of the case-law of the ECtHR, and common traditions of Member States. Accordingly, the author suggests that the ECJ should be open to inputs from the ECtHR, namely through the ‘excessive burden’ criterion. The second regulatory analysis takes into consideration that property is intrinsically linked to consumption, and that owner is often necessarily a consumer. The function of EC consumer [protection] law, the function of European consumer policy, and the definition of the European consumer are the three interrelated questions that have guided the inquiry in Chapter III. Consumer policies, it is claimed, should be asymmetrical: they shall create benefits for those who are boundedly rational while imposing little or no harm on those who are to be considered fully rational. This distinction will provide the basis for a new standard in the assessment of the costs and benefits of regulatory options. Finally, the author inquires about situations where a conflict of properties might exist between a corporeal thing and an intellectual property right. It is claimed that lawmaking bodies must autonomously consider the interest(s) of the owner of the corporeal thing in the overall assessment of granting an intellectual property right. Before formulation of property rights, an appropriate weighing and balancing of all relevant interests is thus in need, in order to avoid normative inconsistencies.
Livres sur le sujet "Possession (Law) – Europe"
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Rosić, Arminio. Designing an efficient debtor in possession financing regime in Serbian corporate restructuring law. Beograd : Institut za uporedno pravo, 2004.
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Sovereignty and the stateless nation : Gibraltar in the modern legal context. Oxford : Hart Pub., 2009.
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Greenblatt, Stephen. Marvelous possessions : The wonder of the New World. Oxford : Clarendon Press, 1991.
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Greenblatt, Stephen. Marvelous possessions : The wonder of the New World. Chicago : University of Chicago Press, 1991.
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The European Union and member state territories : A new legal framework under the EU treaties. The Hague : T.M.C. Asser Press, 2012.
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Ekşi, Nuray. Yargıtay, danıştay ve AİHM kararları ışığında cemaat vakıflarının mülkiyet sorunları. Cağaloğlu, İstanbul : Beta, 2011.
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Abreu, Abílio Vassalo. Titularidade registral do direito de propriedade imobiliária versus usucapião ("adverse possession") : A propósito do acórdão do Tribunal Europeu dos Direitos do Homem (Tribunal Pleno), de 30 de Agosto de 2007 (Queixa no. 44302/02), Caso "J. A. Pye (Oxford) Ltd. and J. A. Pye (Oxford) Land LTd. v. the United Kingdom. Coimbra : Coimbra Editora, 2013.
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Property And The Law Of Finders. Hart Publishing (UK), 2010.
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Schlemmer, Michael. Die Anwendbarkeit der Verbrauchsgueterkaufvorschriften Auf Leasinggeschaefte : Zugleich ein Beitrag Zur Lehre Vom Umgehungsgeschaeft. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2017.
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Schlemmer, Michael. Die Anwendbarkeit der Verbrauchsgueterkaufvorschriften Auf Leasinggeschaefte : Zugleich ein Beitrag Zur Lehre Vom Umgehungsgeschaeft. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2017.
Trouver le texte intégralChapitres de livres sur le sujet "Possession (Law) – Europe"
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von Schorlemer, Sabine. « Fighting Terrorist Attacks Against World Heritage – An Integrated Approach ». Dans 50 Years World Heritage Convention : Shared Responsibility – Conflict & ; Reconciliation, 201–13. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-05660-4_16.
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AbstractThis contribution will examine intentional acts of terrorist groups and organised networks directed against cultural heritage as a challenge for international law, e.g., by creating grey zones. In particular, it will be asked to what extent criminal law enforcement can be identified as a missing link in the system of the legal protection of cultural property, including World Heritage. It is seen as necessary to strengthen criminal sanctions for possession and sale of illegally trafficked cultural objects. In that respect, it will be argued, the Nicosia Convention on Offences Relating to Cultural Property, adopted by the Council of Europe in 2017, may give new impetus to criminal law as a tool in the fight against offences against cultural property, helping to reduce lawless areas. Cultural heritage protection, it is emphasised, requires a robust, legally integrated approach, including criminal prosecution for plundering, smuggling, and destruction.
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Iwata, Kazuyuki. « Climate Policy in Transportation Sector : Role of Carbon Pricing ». Dans Economics, Law, and Institutions in Asia Pacific, 61–78. Singapore : Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-6964-7_4.
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Abstract This chapter focuses on climate countermeasures in the Japanese transport sector. We introduce the Japanese complexed automobile tax system and then calculate the Japanese effective carbon rate (ECR) on automobiles. In addition to the discussion of the ECR, this chapter offers a simple examination of the efficiency of electric vehicles (EVs) from the viewpoint of cost-benefit because it is expected that EVs will become the most popular eco-friendly vehicle in the future. Two remarks are found in our analysis. First, although the carbon tax rate on fuel consumption is small in Japan, compared to the European countries, the ECR is rather high. For further improvement of climate policy, the Japanese government should shift its attention to vehicle usage from vehicle purchase and possession. Second, under the basic assumption (i.e., representative owners do not recharge their EVs at home but at outdoor fast chargers), the diffusion of EVs is not an efficient measure for reducing GHG emissions. If owners recharge their EVs at home once of every two charges, the net benefit becomes positive Therefore, the opportunity cost of waiting for recharges is a key factor in whether EVs can play a role in mitigating climate change.
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Katajala-Peltomaa, Sari. « Introduction ». Dans Demonic Possession and Lived Religion in Later Medieval Europe, 1–27. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850465.003.0001.
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This chapter contextualizes the phenomenon of demonic possession and discusses its medieval interpretations as well as demonstrating its connections to fields of study such as heresy, demonology, and witchcraft. It sets out the main analytical concept of lived religion and shows how demons were integral within it, intersecting cultural, communal, and individual levels. Religion created a performative space and demonic presence was a fluid and multifaceted category within it. This chapter introduces the corpus of source material and methodological elements of canonization processes: the final records were an outcome of collaboration between lay witnesses and the inquisitorial committee, an amalgam of personal choices in the use of rhetoric, communal memories of actual past events, and the demands of canon law and the miracle genre. Therefore, depositions reveal inconsistencies in the universalizing discourse of the Church and manifest local nuances in the way people lived their religion.
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Malcolm, Rosalind. « 3. Adverse Possession ». Dans Concentrate Questions and Answers Land Law, 29–43. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853206.003.0003.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents issues related to adverse possession in both registered and unregistered land and also considers the implications for squatters’ rights of the European Convention on Human Rights.
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Katajala-Peltomaa, Sari. « Reasons for Possession ». Dans Demonic Possession and Lived Religion in Later Medieval Europe, 28–45. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850465.003.0002.
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This chapter focuses on the reasons given for falling prey to demons; how certain behaviour, acts, and places were dangerous in this respect. The rather down-to-earth and concrete explanations given by the laity are contrasted and compared with the examples given in didactic material. In the lay depositions questions of guilt did not stand out and often no causes for possession were offered; an accidentally swallowed demon may have been a method to exculpate oneself and alleviate the deviance caused by the disturbing symptoms. A generally accepted pattern of causality did not exist since local traditions and cultural and environmental differences played a role in explaining the reasons for demonic presence. Comparative analysis shows, for example, that the spiritual dangers of the wilderness and urban spaces were more emphasized as background reasons in the densely populated urban areas of Northern and Central Italy than in the rural North.
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Annemarie ter, Heegde, et Rousseva Ekaterina. « Part II Antitrust Investigations, 4 Power to Take Statements ». Dans EU Antitrust Procedure. Oxford University Press, 2020. http://dx.doi.org/10.1093/law-ocl/9780198839866.003.0004.
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This chapter details how Regulation 1/2003 equipped the European Commission with the power to take statements from natural or legal persons. It enables the Commission to interview any persons who may be in possession of useful information for an investigation, record the statements made, and use them as evidence. Giving an interview is a voluntary act. The Commission cannot compel a person to do so, nor can it fine the person for having provided incomplete or misleading information. This makes the power to take statements a much softer investigative tool than requests for information or inspections that come with the possibility to impose fines and periodic penalties. While this is a downside, the voluntary nature of giving an interview has certain advantages. It allows for a spontaneous discussion that may enable the Commission to collect valuable information that could not have been collected otherwise. Moreover, the power to take statements allows the Commission to reach out to informants who do not carry out an economic activity and thus do not qualify as undertaking in the meaning of Articles 101 and 102 TFEU. The chapter then considers the procedure for conducting an interview.
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Ivanič, Suzanna. « The Clockmaker’s Cosmos ». Dans Cosmos and Materiality in Early Modern Prague, 131–52. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898982.003.0006.
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On one level confessional distinction began to define material culture in the first decades of the seventeenth century, but a microhistorical approach reveals the persistence of plural devotional practices and beliefs. A close reading of the 1635 inventory of a court clockmaker, Kúndrat Šteffenaúr, reveals the complex intersections of confessions in Central Europe. It indicates an environment in which a wide range of devotional options were available. Analysis of Kúndrat’s possessions as individual items, and how they were kept together, shows the need to think across and beyond confessional boundaries of Protestant versus Catholic in order to understand lay religious beliefs and practices at this historical moment of confessional rupture. This chapter examines the inventory from two perspectives: first, it surveys the confessional spectrum of objects—Protestant books, Catholic devotional jewellery, clocks, and charms—contextualizing them and exploring why they may have come into Kúndrat’s possession; second, it offers an interpretation of the objects as items that formed Kúndrat’s individual cosmos, as ‘fragmented religion’.
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Katajala-Peltomaa, Sari. « Conclusions ». Dans Demonic Possession and Lived Religion in Later Medieval Europe, 178–84. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850465.003.0008.
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This chapter shows how demonic possession was conceptualized as a lived experience of religion and argues that the diabolical had many functions within the miraculous. Lived religion as a methodological tool, a way to read the depositions of canonization processes, displays the way lay people used demons (not vice versa) in singling out and dealing with uncertainties in their lives. Religion-as-lived was built upon corporeal experiences; the performative space religion created was made real for the individual and the community by embodied signs and practices. As a fluid rhetorical resource, demons also facilitated a contribution to the construction of society and culture. The differences between lay and clerical spheres were visible when demonic possession involved female sexuality or the position of the clergy. Geographical differences demonstrate the limits of the Church’s universalizing discourse and challenge strict categorizations concerning gender, the demonic, and even medieval Europe as a single, coherent unity.
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Traoré, Ousmane. « State Control and Regulation of Commerce on the Waterways and Coast of Senegambia, ca. 1500-1800 ». Dans Navigating African Maritime History. Liverpool University Press, 2009. http://dx.doi.org/10.5949/liverpool/9780986497315.003.0004.
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This chapter examines the trade relationship between the Senegambian Wolof government and European maritime traders between 1500 and 1800. It analyses the separate approaches each side took during diplomatic relations over the rights to African waterways. It demonstrates that where European states considered Africa a ‘discovery’ and recognised it in terms of possession, monopolies, and exclusive rights over other European nations, Senegambian sovereigns considered the market free, and traded with Europe out of economic interest without willingness to give up dominion of their lands to maritime traders. In particular, it examines the reign of Lat-Sukaabe Faal, king of Kajoor-Bawol between 1696 and 1720, and how he undertook commercial relations with European maritime powers. By analysing how these two economically incompatible cultures interacted over trade, it determines that African leaders used military advantages to protect their interests, and that despite the Eurpoean ‘mastery of the sea’, African nations used their own maritime skills, especially navigation, to maintain control of their waterways and thereby control the terms of trade with Europe.
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McFarlane, Ben, Nicholas Hopkins et Sarah Nield. « 2. Human Rights ». Dans Land Law, 27–60. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198831877.003.0002.
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This chapter explores the impact of human rights upon property rights and relations, with particular emphasis on Article 1 Protocol 1 and Article 8 of the European Convention on Human Rights which has been incorporated into English domestic law by the Human Rights Act 1998. It first provides a background on the particular jurisprudence of human rights reasoning before discussing the import of Article 1 Protocol 1, in protecting possessions, and Article 8, in requiring respect for the home. The focus is on home repossession (Article 8), protection against discrimination (Article 14), and right to a fair trial (Article 6). It also considers adjudication under the Human Rights Act 1998, along with the justification formula developed by the Strasbourg Court and how it operates in the context of the particular human rights that relate to land. Finally, it examines the so-called vertical effect and horizontal effect.
Actes de conférences sur le sujet "Possession (Law) – Europe"
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Palmieri, Alessandro, et Blerina Nazeraj. « OPEN BANKING AND COMPETITION : AN INTRICATE RELATIONSHIP ». Dans International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times) : Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18822.
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Open banking – promoted in the European Union by the access to account rule contained in the Directive (EU) 2015/2366 on payment services in the internal market (PSD2) – is supposed to enhance consumer’s welfare and to foster competition. However, many observers are fearful about the negative effects of the entry into the market of the so-called BigTech giants. Unless incumbent banks are able to rise above the technological challenges, the risk is that, in the long run, BigTech firms could dominate the market, by virtue of their great ability to collect data on consumer preferences, and to process them with sophisticated tools, such as Artificial Intelligence and Machine Learning techniques; not to mention the possible benefits arising from the cross-subsidisation. This paper aims at analysing the controversial relationship between open banking and competition. In this framework, many aspects must be clarified, such as the definition of the relevant markets; the identification of the dominant entities; the relationship with the essential facility doctrine. The specific competition problems encountered in the financial sector need to be inscribed in the context of the more general debate around access to data in the digital sphere. The evolving scenario poses a serious challenge to regulators, calling them to strike the right balance between fostering innovation and preserving financial stability. The appraisal intends not only to cover EU law and policy, but also to make a comparison with other legal systems. In this respect, something noteworthy is taking place in the United States where, as of today, consumers’ access to financial data sharing has been largely dependent on private-sector efforts. Indeed, Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (passed in the aftermath of the financial crisis of 2008) provides that, subject to rules prescribed by the Bureau of Consumer Financial Protection (CFPB), a consumer financial services provider must make available to a consumer information, in its control or possession, concerning the consumer financial product or service that the consumer obtained from the provider. This provision, which dates back to 2010, has never been implemented. However, on 22 October 2020, the CFBP has announced its intention to regulate open banking, issuing an advanced notice of proposed rulemaking. In light of their investigation, the authors advocate the adaptation of the current strategies to the modified conditions and, in some instances, the creation of novel mechanisms, more suitable to face unprecedented threats.
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Kudryashov, S. I., S. G. Ionov et N. B. Zorov. « Production of Supported Carbon Nanoclusters at Laser Ablation of Foam Graphite ». Dans The European Conference on Lasers and Electro-Optics. Washington, D.C. : Optica Publishing Group, 1998. http://dx.doi.org/10.1364/cleo_europe.1998.cthh86.
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Foam graphite is a new and perspective material for laser ablation applications possessing of very low (subcriticai) bulk density and high concentration of nonequilibrium chemically-induced structural defects (vacancies and etc.). It shows “black body” absorbance, very low transversal thermal diffusivity and sound velocity due to its “sandwich-like” structure of graphite crystallites. Equilibrium laser evaporation of the low-density foam graphite occurs in regular air gaps of its “sandwich-like” structure and thus critical state of carbon seems to be produced. The droplet-like structure of critical state has been predicted by theory of condensed matter state earlier. Therefore laser-induced carbon critical state seems to be intensive source of carbon nanoclusters.
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Alas, Pascal, et Eric Noulette. « Electro Compression a Challenging Alternative : How and Why to Choose a Gas Turbine or an Electric Motor to Drive a Centrifugal Compressor ». Dans ASME Turbo Expo 2013 : Turbine Technical Conference and Exposition. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/gt2013-94163.
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In the past decade, electric motors have become a challenging alternative to gas turbines to drive centrifugal compressors [1] [7], mainly because of the progress of Variable Frequency Drives main components allowing to drive high power motors. Low Electricity prices (mainly in France) and environmental concerns have contributed to spread that technology across Europe. As flexibility needs and environmental constraints will grow in the gas transmission business, the option to drive the centrifugal compressors with an electric motor will be taken into consideration more and more often either for technical, regulatory or economic reasons in future compressor station projects [2]. GRTgaz, the main gas transmission company in France, decided in the early 2000’s to enlarge and renew its compressor fleet (42 units to be installed between 2004 and 2014 in a 5 to 14 MW power range). GRTgaz is taking that option into account for each of these projects considering the following criteria, related to 3 main considerations: Operational needs: • Availability, reliability • Rangeability needs • Flexibility needs • Type of compressor station (head, peak, network core) • Access to the electrical grid • Available space for the site • … Environmental constraints: • Environmental Footprint • Air emissions • Noise • … The full possession cost for a 30-year period: • Investment cost • Energy cost • Maintenance cost • CO2 quota prices This paper is proposing to develop how these criteria are assessed, what hypotheses are made to help the decision and to share GRTgaz feedback on the projects that have already been completed. Some examples will be presented.
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Glas, P., M. Naumann, A. Schirrmacher, Th Pertsch, L. Däweritz et R. Hey. « A compact fiber laser with butt coupled semiconductor saturable absorber mirror (SESAM)- a further step toward an all solid state short pulse laser ». Dans The European Conference on Lasers and Electro-Optics. Washington, D.C. : Optica Publishing Group, 1998. http://dx.doi.org/10.1364/cleo_europe.1998.ctui7.
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We have passively Q- switched and mode locked a Neodymium doped fiber laser with a semiconductor saturable absorber minor (SESAM). The fiber used has an annular shaped active region (M-profile fiber) Fig.1a, possessing the advantage that the pump light may be completely absorbed over a short length. Butt coupling a SESAM at one of the fiber ends is therefore possible because there is no pump light left leading to an unwanted saturation of the absorber. We have made a modal analysis in the scalar approximation comparing the absorption of the M-profile fiber and a standard double clad one provided high power diode lasers are used for optical pumping. Figs.1b give examples of LPm p modes of a M-profile fiber. In the calculations the following parameters were used: pump wavelength λ= 8o3 nm, Δcorc-first cladding = 0.003 and Δfirst-second cladding = 0.04; 1)M-profile fiber: 5 µm ring width and 85 µm ring centre diameter; 2) double clad fiber: 100 µm pump core diameter, 6.5 µm doped core diameter. For the M-profile fiber not only the low order modes i.e. LP01 interact strongly with the doped region but higher order modes do as well. For the double-clad fiber it is only the field of the very low order modes (here LP0 1,) have an overlap with the active material whereas all higher order modes have almost nothing. Based upon the theoretical findings we have realised a set-up where the SESAM is directly attached to the fiber just as the incoupling mirror. Such an optical scheme has not been realised up till now as we believe. The SESAM was polished at the back side possessing a reflectivity of about 98%. The fiber length was 200 cm, the amount of pump radiation leaving the fiber was less than 5%. The measured pulse width using a fast detection electronics ( risetime 60 ps ) is shown in Fig. 1c. For a certain range of pump powers we have obtained Q-switch pulses with a very low jitter (< 1% ). Locking a large bandwidth could not be achieved being partially due to the SESAM and to the multimode behaviour ( azimuthal direction ) of laser.