Дисертації з теми "Right of property Australia"
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1
Bartholomew, Peter G. "Personal rights, property rights and Section 55(2) of the Copyright Act 1968 : a consideration of the adaptation right in the compulsory licensing scheme for recording of musical works." Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/36898/1/36898_Digitised%20Thesis.pdf.
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2
Rimmer, Matthew Rhys. "The pirate bazaar the social life of copyright law." View electronic text, 2001. http://eprints.anu.edu.au/documents/disk0/00/00/08/14/index.html.
Повний текст джерелаАнотація:
Available via the Australian National University Library Electronic Pre and Post Print Repository. Title from title screen (viewed Mar. 28, 2003) Includes bibliographical references. Mode of access: World Wide Web.
3
Anderson, Jane Elizabeth Law Faculty of Law UNSW. "The production of indigenous knowledge in intellectual property law." Awarded by:University of New South Wales. School of Law, 2003. http://handle.unsw.edu.au/1959.4/20491.
Повний текст джерелаАнотація:
The thesis is an exploration of how indigenous knowledge has emerged as a subject within Australian intellectual property law. It uses the context of copyright law to illustrate this development. The work presents an analysis of the political, social and cultural intersections that influence legal possibilities and effect practical expectations of the law in this area. The dilemma of protecting indigenous knowledge resonates with tensions that characterise intellectual property as a whole. The metaphysical dimensions of intellectual property have always been insecure but these difficulties come to the fore with the identification of boundaries and markers that establish property in indigenous subject matter. While intellectual property law is always managing difference, the politics of law are more transparent when managing indigenous concerns. Rather than assume the naturalness of the category of indigenous knowledge within law, this work interrogates the politics of its construction precisely as a ???special??? category. Employing a multidisciplinary methodology, engaging theories of governmental rationality that draws upon the scholarship of Michel Foucault to appreciate strategies of managing and directing knowledge, the thesis considers how the politics of law is infused by cultural, political, bureaucratic and individual factors. Key elements in Australia that have pushed the law to consider expressions of indigenous knowledge in intellectual property can be located in changing political environments, governmental intervention through strategic reports, cultural sensitivity articulated in case law and innovative instances of individual agency. The intersection of these elements reveals a dynamic that exerts influence in the shape the law takes.
4
Srisomwong, Rung, and n/a. "The protection of pre-registration rights in land: a comparative study of gazumping in Australian and other juridictions." University of Canberra. Law, 2005. http://erl.canberra.edu.au./public/adt-AUC20060725.124549.
Повний текст джерелаАнотація:
The purpose of this thesis is to examine the problem of gazumping, to consider the various factors which give rise to it, to examine the adequacy of existing legal doctrine in redressing it, to explore statutory provisions designed to reduce gazumping and to propose reform of the law to address the problem.
The term gazumping refers to a practice by which a vendor accepts a purchaser's offer to purchase land or property, and before exchanging contracts, withdraws from the existing agreement in order to accept a higher price from another purchaser.
This thesis proceeds on the assumption that gazumping is an undesirable practice, particularly from the prospective purchaser' perspective. The practice of gazumping initially boomed in a volatile property market with constantly rising house prices and where demand exceeded supply. A purchaser who believes he or she has secured the purchase of his or her desired property may suffer emotional stress and significant costs which cannot be recovered when the vendor reneges on his or her agreement.
The thesis notes that gazumping occurs at the pre-contractual stage in the sale of property because there is no legally binding relationship before the formal exchange of contracts. The thesis posits that the existing law in various Australian jurisdictions offers inadequate protection to prospective purchasers of property. The thesis examines the inadequacy of existing legal doctrines and remedies in addressing the problem of gazumping at the pre-contractual stage and arrives at the conclusion that existing legal doctrine is inadequate. The thesis notes legislative and other measures in response to gazumping in Australia and other common law jurisdictions and concludes that these too were inadequate in not going far enough to eliminate or reduce gazumping. The competing merits of these approaches are considered.
The thesis establishes that the solution to gazumping lies in an early protection of the purchaser�s interest in land. This is because as soon as an agreement is enforceable the purchaser acquires an equitable interest and in the event of any breach of the agreement by the vendor, the purchaser, as a general rule, can obtain either damages or specific performance.
The thesis raises seven key recommendations for law reform aimed to minimise the occurrence of gazumping and to provide the purchaser with tools against the practice of gazumping. It considers that the recommendations can minimise the undesirable practice of gazumping where the current law is inadequate and also achieve several other objectives.
5
Waldron, Jeremy. "The right to private property /." Oxford : Clarendon press, 1990. http://catalogue.bnf.fr/ark:/12148/cb355769636.
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6
Banning, Theo Robert Geerten van. "The human right to property /." Antwerpen : Intersentia, 2002. http://catalogue.bnf.fr/ark:/12148/cb39070177x.
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7
Schroeder, Jeffrey S. "Right grantors and right seekers : a theory for understanding the comparative development of intellectual property rights /." view abstract or download file of text, 2001. http://wwwlib.umi.com/cr/uoregon/fullcit?p3004002.
Повний текст джерелаАнотація:
Thesis (Ph. D.)--University of Oregon, 2001.Typescript. Includes vita and abstract. Includes bibliographical references (leaves 260-272). Also available for download via the World Wide Web; free to University of Oregon users.
8
Waldron, Jeremy James. "Right-based arguments for private property." Thesis, University of Oxford, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.385804.
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9
Loff, Beatrice. "Health and human rights : case studies in the potential contribution of a human rights framework to the analysis of health questions." Monash University, Dept. of Epidemiology and Preventive Medicine, 2004. http://arrow.monash.edu.au/hdl/1959.1/5291.
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10
Jetzinger, Daniela. "Begriff, Bedeutung und Handhabung des Grundrechtes auf Eigentum in den Transitionsstaaten des Balkan, verdeutlicht anhand der Rechtslage und Spruchpraxis in Serbien und Montenegro, Bosnien und Herzegowina, Kroatien sowie Bulgarien /." München : GRIN Verlag, 2006. http://deposit.d-nb.de/cgi-bin/dokserv?id=2849664&prov=M&dok_var=1&dok_ext=htm.
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11
Coghlan, Julian. "An analysis of property trusts in Australia /." Title page, contents and introduction only, 1985. http://web4.library.adelaide.edu.au/theses/09EC/09ecc676.pdf.
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12
Olivetti, Alfred M. "Protecting property rights in America." Morgantown, W. Va. : [West Virginia University Libraries], 1999. http://etd.wvu.edu/templates/showETD.cfm?recnum=770.
Повний текст джерелаАнотація:
Thesis (Ph. D.)--West Virginia University, 1999.Title from document title page. Document formatted into pages; contains vi, 187 p. : ill. (some col.), map Includes abstract. Includes bibliographical references (p. 166-176).
13
Schlee, Günther. "Collective identities, property relations, and legal pluralism /." Halle/Saale : Max Planck Institute for Social Anthropology, Max-Planck-Gesellschaft, 2000. http://www.eth.mpg.de/pubs/Working%20Paper%201.pdf.
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14
Babie, Paul Theodore. "Crown land in Australia." Thesis, University of Oxford, 2001. https://ora.ox.ac.uk/objects/uuid:7e3678b3-a274-468c-bbc0-ef348bb51a00.
Повний текст джерелаАнотація:
Property theory has long explored the meaning and content of private property. Similarly, one finds no shortage of analysis of common or communitarian property. In the theoretical literature, however, one finds very little writing about public property, a third, very significant, type of property. This lack of attention is not due to a lack of examples; on the contrary, examples abound. This thesis offers a theoretical analysis of one such example: Crown land in Australia. Crown land is a largely forgotten and therefore under-analysed aspect of Australian real property law. This lack of analysis has produced significant confusion in recent judicial developments concerning Australian common law native title. In order to alleviate the potential for confusion, this thesis fills a long-standing gap in the literature of Australian real property law. In order to fill this gap and to provide a much-needed analytical account, it is necessary to make use of working definitions of private, public and communitarian property. This thesis provides each. First, using JW Hams' Property and Justice, it constructs a working definition of private property. From that, by way of contrast, a working definition of public property is offered. Finally, by way of contrast to both private and public property, a working definition of communitarian property is also developed. Armed with working definitions of private, public and communitarian property, the thesis provides an analytical account of Crown land in Australia. It describes Crown land as the quasi-ownership use-privileges and control-powers which the Crown, by virtue of its prerogative power over land, enjoys in Australian land. The Crown enjoys differently packaged bundles of such privileges and powers over many different sorts of land, such as those which have never been allocated for any use, specific natural resources such as minerals or petroleum, those over which Australia's Aboriginal peoples enjoy native title, and even those over which private persons hold freehold estates or statutory leases. All such lands, due to the Crown's quasi-ownership privileges and powers therein, can be called Crown land, which embraces a continuum of locations, each defined by a unique package of such privileges and powers over the relevant type of land. The thesis calls this the Crown land continuum, which, in its totality, is a working example of public property.
15
Del, Risco Sotil Luis Felipe. "The surface right." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123347.
Повний текст джерелаАнотація:
This article addresses over the regulation of the surface right in the Peruvian Law along with its main points of contact with other important institutions in the field of real estate. The author points the evolution of this figure in the Peruvian legislation and determinates its legal nature and its characteristics, establishing its relation with the principle of real estate accession property and the implications of the transitional division that the surface generates. In other relevant aspects, the article addresses the ways of acquisition of such ownership, the role of inscription in the configuration of the surface, the reimbursement of the value of the buildings and the extinction of this property right.Este artículo trata sobre la regulación del derecho real de superficie en el Derecho peruano y sus principales puntos de contacto con otras importantes instituciones en el ámbito inmobiliario. El autor aborda la evolución de dicha figura en la legislación peruana y determina la naturaleza jurídica y características del referido derecho, estableciendo su relación con el principio de accesión inmobiliaria y las implicancias de la división transitoria predial que genera la superficie. En otros aspectos relevantes, en este artículo se desarrollan las formas de adquisición de dicha titularidad, el papel de la inscripción en la configuración de la superficie, el reembolso del valor de las edificaciones y la extinción de este derecho real.
16
Lai, Lawrence Wai-chung, and 黎偉聰. "Property rights analysis of zoning." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31234240.
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17
Lai, Lawrence Wai-chung. "Property rights analysis of zoning /." Hong Kong : University of Hong Kong, 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13829865.
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18
Hu, Yongming. "Shi chang jing ji yu chan quan gai ge." Beijing : Zhongguo ren min da xue chu ban she, 1993. http://books.google.com/books?id=_A4yAAAAMAAJ.
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19
Dittmer, Timothy. "A property rights approach to antitrust analysis /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/7501.
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20
Ndlovu, Nokuthula. "Realising the right to property for women in rural Lesotho." University of Western Cape, 2021. http://hdl.handle.net/11394/8366.
Повний текст джерелаАнотація:
Magister Legum - LLMThe right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human and Peoples’ Rights as well as the Maputo Protocol. The right to property is further guaranteed under various Constitutions. However, despite the guarantee to the right to property, many women in Africa are deprived of their property rights.
21
Na, Renhua, and 娜仁花. "Property rights analysis of building material pricing." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/193493.
Повний текст джерелаАнотація:
The institution of property rights, as an important category of constraints or restrictions on human behaviour, provides rules of competition, and delineates the social and legal relationship between a resource owner and the others throughout the world. Forms of ownership rights to resources affect the efficiency of their use. The consensus is that in a real world with significant transactions costs and scarce resources, private property right systems lead to more efficient resource allocation than the others do.
Previous studies about economic implications of non-exclusive resources have focused on the problems of resource misallocations. A few studies also worked on the effects that alternate property rights structures have on the prices and variations in prices of non-exclusive resources. However, the economic analysis of property rights attribute of natural resources used as building materials, such as natural sand and wood, is still an unexplored research area.
The objective of the whole research is to empirically verify Angello and Donnelley's (1975) property rights thesis, as reinterpreted by Lai (1993a) and Lai and Yu (1995), that the variations in prices of non-exclusive resources are much greater than those under more exclusive ownership; and to identify, alternatively, the factors that might have affected ownership rights, inferred from changes in the variations in prices of the resources.
In this thesis, published historical data of natural sand, Total declared costs of new buildings completed, Gross & Usable floor area, Gross value of construction work, and published government data of prices for selected buildings materials, namely Portland cement, sand, hardwood, and plywood, were used. The prices of captured and cultured shrimps, which are collected from super market and street market by the author, were also checked and used. These resources are subject to different degrees of access restrictions and, hence, are good candidates for testing the hypotheses.
Basically, the hypotheses formulated in this research are strongly supported. The main findings are that the variations in prices of non-exclusive resources are greater than those of exclusive resources; for the same resource, the price ratios of exclusive resource and non-exclusive resource would fall over time.
This is an original contribution to the theory of property rights.
The originality of this dissertation lies in its exploration of the economic relationship between property rights ownership and selected building materials, as well as in the application of variances to the research of building materials. This is a novel contribution to research on Hong Kong’s sustainable development as she heavily relies on the real estate market for economic development.published_or_final_version
Real Estate and Construction
Doctoral
Doctor of Philosophy
22
Campi, T. A. "Unemployment and property crime : South Australia during the depression /." Title page, contents and summary & conclusion only, 1989. http://web4.library.adelaide.edu.au/theses/09EC/09ecc196.pdf.
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23
Charlton, Claire Marie. "Southern Right Whale (Eubalaena australis) Population Demographics in Southern Australia." Thesis, Curtin University, 2017. http://hdl.handle.net/20.500.11937/59638.
Повний текст джерелаАнотація:
This thesis aimed to assess the population demographics of Southern right whales (SRW) Eubalaena australis, in South Australia. A combination of monitoring techniques were employed between 2014 and 2016 in the form of land and vessel based count and photo identification surveys. The study uses current and historical data (1991-2016) to assess distribution, abundance and life histories of SRW at two wintering aggregations in South Australia. Results provide information for recovery assessment and conservation management.
24
Arakchaa, Tayana. "Household and property relations in Tuva." [Boise, Idaho] : Boise State University, 2009. http://scholarworks.boisestate.edu/td/38/.
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25
Pavis, Mathilde Goizane Alice. "The author-performer divide in intellectual property law : a comparative analysis of the American, Australian, British and French legal frameworks." Thesis, University of Exeter, 2016. http://hdl.handle.net/10871/23692.
Повний текст джерелаАнотація:
Western intellectual property frameworks have at least one feature in common: performers are less protected than authors. This situation knows many justifications, although all but one have been dismissed by the literature: performers are simply less creative than authors. As a result, the legal protection covering their work has been proportionally reduced compared to that of their authorial peers. This thesis investigates this phenomenon that it calls the 'author-performer divide'. It uncovers the culturally-rooted principles and legal reasoning that policy-makers and judges of Australia, France, the United Kingdom and the United States have developed to create in the legal narrative a hierarchy between authors and performers. It reveals that those intellectual property systems, though continuously reformed, still contain outdated conceptions of creativity based on the belief in ex nihilo creation and over-intellectualised representations of the creative process. Those two precepts combined have led legal discourse to portray performers as their authors' puppets, thus underserving of authorship themselves. This thesis reviews arguments raised against improving the performers' regime to challenge the preconception of performers as uncreative agents and questions the divide it supports. To this end, it seeks to update the representations of creativity currently conveyed in the law by drawing on the findings of other academic disciplines such as creativity research, performance theories as well as music, theatre and dance studies. This comparative inter-disciplinary study aims to move current legal debates on performers' rights away from the recurring themes and repeated arguments in the scholarship such as issues of fixation or of competing claims, all of which have made conversations stagnate. By including disciplines beyond the law, this analysis seeks to advance the legal literature on the question of performers' intellectual property protection and shift thinking about performative forms of creativity.
26
Gibb, Susan Jennifer. "Privacy and Australian law." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.
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27
Carver, Peter John. "Millar v. Taylor (1769) and the new property of the eighteenth century." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28822.
Повний текст джерелаАнотація:
The reception of copyright in the English common law in the eighteenth century provides a unique opportunity to study the jurisprudential concept of property rights at a moment of change. While copyright, or to use the contemporary term, the "right of copy", had been in the process of development since the introduction of the printing press into England in 1476, it was not until 1709 that Parliament enacted the first copyright statute, the Statute of Anne 8 Anne, c. 19. Sixty years later in Millar v. Taylor 4 Burr 2303, 98 Er 202, the Court of King's Bench considered the nature and purpose of copyright for the first time. The case arose in the course of the "literary property debate", a commercial struggle between rival booksellers for predominance in the emerging book trade.
This paper proceeds through a detailed study of the genesis and theoretical background of Millar v. Taylor to address two questions: (1) in what sense did copyright constitute a "new property" in the common law, and how did it contribute to a conceptual change in property rights; (2) how did English courts conceive of "authorship" during the evolution of copyright, and how, in turn, did copyright as it emerged from the literary property debate alter the role of the author ?
The judgments of Justice Joseph Yates and of William Murray, Lord Mansfield, offered particular insights into each
of these questions. Justice Yates, in dissent, perceived that copyright posed a challenge to traditional property theory, especially to arguments grounded in natural law. As its subject matter was the intangible of literary ideas and expression, he argued the need for limits to be imposed on copyright in the interests of the public domain. The property right could not be derived from value, as it was the right itself which created value. Lord Mansfield adopted a natural law approach, but located it largely in the personal, as opposed to proprietary, interests which copyright served. The author's interests in privacy and in controlling the product of his intellectual labour formed, for him, a principal justification for the property right.
The paper explores these ideas, first, by giving a close reading to the precedent cited in Millar v. Taylor (1769), and tracing back through precedent cited therein to the roots of intellectual property in English law. Second, the insights of Justice Yates and Lord Mansfield are taken forward through subsequent developments in legal theory and copyright.
In particular, the recognition, which followed Millar v. Taylor and vindicated Justice Yates' position, of copyright as a statutory property designed and limited by political choice is shown as characterising the leading theoretical approaches to property rights-- including utilitarian, Realist and critical approaches—which now predominate in jurisprudence. Further, Lord Mansfield's understanding of the dual purpose of
copyright is examined in relation to a personhood justification of property, and in terms of the evolution of copyright as a property regime for protecting factual works of information, and fictional works of imagination. The paper endeavours to highlight both the concern for public domain and for personal interests of authors which had such significance in the early development of copyright.Law, Peter A. Allard School of
Graduate
28
Cotula, Lorenzo. "Property rights, negotiating power and foreign investment : an international and comparative law study on Africa." Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/3235.
Повний текст джерелаАнотація:
Property rights are crucial in shaping foreign investment and its socio‐economic outcomes. Their allocation, protection and regulation influence the way the risks, costs and benefits of an investment are shared. For investors, the protection of property rights is a tool to shelter their business interests from arbitrary host state interference. For local people affected by an investment project, it may offer an avenue to secure their livelihoods, through providing safeguards against arbitrary land takings. Tensions may arise between different sets of property rights, as host state regulation to strengthen local resource rights may raise project costs and interfere with investors’ rights ‐ for example, under the international‐law regulatory taking doctrine, or “stabilization clauses” in investor‐state contracts. While there are vast literatures about the international law on foreign investment, the human right to property, and national law on investment, land and natural resources in Africa, this study analyses in an integrated way how the different sets of property rights involved in an investment project are legally protected under applicable law, whether national, international or “transnational”. The study explores whether the property rights of foreign investors and affected local people tend to enjoy differentiated legal protection; and, if so, whether the legal protection of “stronger” property rights may constrain efforts to strengthen “weaker” ones. This research question has both theoretical and practical implications. Differences in the strength of legal protection may affect negotiating power. Weak legal protection and negotiating power make local resource users vulnerable to arbitrary dispossession of their lands. From a theoretical standpoint, linking legal analysis to an analysis of negotiating power in foreign investment projects can provide insights on the relationship between law and power ‐ in a globalised world, does the law serve more powerful interests, can it be used to empower disadvantaged groups, or is it rather irrelevant?.
29
Klingsbo, Dina. "Palestinians’ Right to Property in the Occupied Territory Under International Humanitarian Law." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76596.
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30
Lučinski, Dariuš. "Nuosavybės teisės objekto problema doktrinoje ir teismų praktikoje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060505_153835-86748.
Повний текст джерелаАнотація:
In this study author analyzes definition of object of property right in different legal doctrines and judiciary practice and offers how to solve this problem. The object of the property right is described through relationships with other legal categories: object of civil right, object of thing right, object of obligation. Also author analyzes the definitions of property and things and their relations with property right. Author unfolds signs of things and discoveries property definition.
31
Nie, Zhigang Albert, and 聶致鋼. "Property rights implications on the development of urban villages in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197557.
Повний текст джерелаАнотація:
History may show that in complex social economic systems, should other conditions be controlled, different initial settings of property rights may bring different results. This thesis will test if different initial property rights settings in urban villages have resulted in different forms of housing development. Empirical data collected from three Chinese cities (Shenzhen, Guangzhou, and Xi'an) showed that the absence of clear and enforceable private property rights in these urban villages has led to high density housing developments uncontrolled by regulations. As a result, rents collected from these villages were lower, which, in turn, led to the earlier renewal of each development. The underlying mechanism is illustrated using an integrated property rights and transaction cost framework, which is testable against empirical observations. Major contributions of the thesis should include the empirical identification of different existing outcomes, the theoretical explanation of the conditions leading to variations in those outcomes, and the testing of various implications (e.g. the effect of high negotiation costs on high building density, the effect of rent increases on the promotion of legal renewals, and the effect of high policing costs on illegal projects).published_or_final_version
Real Estate and Construction
Doctoral
Doctor of Philosophy
32
謝建煌 and Kin-wong Che. "On the formation of property rights." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31976487.
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33
Bornschein, Peter. "Right-Libertarianism and the Destitution Objection." Bowling Green State University / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1462900713.
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34
Peppard, William F. "Future trends in institutional property asset allocation in Australia (the 1990s)." Thesis, Queensland University of Technology, 1993. https://eprints.qut.edu.au/226960/1/T%28BE%26E%29%201534_Peppard_1993.pdf.
Повний текст джерелаАнотація:
The focus of this study into future trends in Australian institutional property investment
was a survey of major Australian institutional property investors.
The survey is divided into two sections focusing initially on property as an asset class
and subsequently on the allocative mix of property type within investment portfolios.
The results of the survey were compared with comparable Australian surveys and
subsequently identified an allocative sector trend toward retail property over office
property and an allocative geographic trend toward property located in New South
Wales and Queensland in preference to Victoria.
The survey underlined the future sustainability of property as an important asset class
within the allocative mix of institutional investment portfolios, providing for a
benchmark allocation range of 14-16%.
An extensive literature review was undertaken and a theoretical outline is provided.
This study compares theory and practice where applicable.
35
Donziger, Alan J. "Property rights the issue of eminent domain, a legal and constitutional analysis /." Click here for download, 2007. http://proquest.umi.com/pqdweb?did=1276419901&sid=1&Fmt=2&clientId=3260&RQT=309&VName=PQD.
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36
Condon, Andrew Michael. "Property rights and the investment behavior of U.S. Agricultural Cooperatives." Diss., This resource online, 1990. http://scholar.lib.vt.edu/theses/available/etd-09162005-115032/.
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37
Shum, Wing-hung Alex. "The housing reforms in Shanghai the structural change of property rights /." Click to view the E-thesis via HKUTO, 2003. http://sunzi.lib.hku.hk/hkuto/record/B31969197.
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38
Erten, Mustafa Guven. "Property Problems In Post- Earthquake Urban Redevelopment Process: A Case Study In City Of Adapazari." Master's thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/12605621/index.pdf.
Повний текст джерелаАнотація:
This thesis investigates the underestimated ownership constraints in built-up urban areas as the determining characteristic of the urban redevelopment process after the Marmara Earthquake. In the first part of the study, public provisions for permanent housing have been surveyed. It is observed that relocation of the survivors entitled to such housing sites considerably far away from existing urban areas has generated the need for many adjustments on the property patterns. Without any framework for the remaining ownership and development rights in those damaged urban areas, nearly 43 000 housing units have been developed mostly by the state in order to compensate for the lost properties of disaster survivors. On the other hand, municipalities could not commence any considerable redevelopment framework in damaged urban areas after the earthquake. They were restricted to revising their development plans with respect to new geological surveys and to redefining the ideal building regulations with low building heights. Adaptation of these renewed plans to existing conditions has necessitated an immense amount of property readjustments. However, this is nearly impossible with existing plan implementation instruments which are incapable of mandating the exchange mechanisms for the reduced development rights. Lack of three dimensional property adjustment and purchasing methods different from constructions option engendered the implementation problem of these development plans prepared after the earthquake.
In this framework, a field survey has been carried out in the city of Adapazari and the post-earthquake urban redevelopment process is investigated. Transformation of the properties are plotted in Çark Street, where the required resharing of reduced development rights with respect to new development plan can be partially observed. Besides, the success of the forthcoming urban planning process in Turkey, which is composed of urban rehabilitation and risk mitigation works, again depends upon the capacity to realize ownership and development right transformation in urban environments. As a result, the Marmara Earthquake presents the necessary inputs and justification to restructure the property institution in urban planning.
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Preller, Ferdinand Theodorus. "A critical assessment of pre-construction property development principles and process in Queensland, Australia." Thesis, Curtin University, 2009. http://hdl.handle.net/20.500.11937/1009.
Повний текст джерелаАнотація:
Research evidence suggests that property development is an integrated process revolving around numerous concepts that link distinct phases in the development cycle. This study acquaints the reader with key performance areas that make up the integrated development process. It conducts a literature discourse and empirical assessment of the pre-construction principles and process of commercial property development. The theoretical exploration of the study area establishes a sound secondary data base from which the comparative empirical research is conducted by way of questionnaires issued to and received from a sample of Queensland based property developers. Data obtained from the questionnaires is statistically analysed and explored.This study also seeks to explore the common principles and characteristics of the property development process as they occur prior to the commencement of construction activities, within the context of commercial property in broadly capitalist terms - i.e. commercial entities seeking profit. The approach taken is to match theory, from the literature on models of the development process, with practice.The study finds that Queensland based property developers do indeed apply sound pre-construction development principles and process within a structured framework. The findings also concluded that the following three key performance areas identified in the study make up the pre-construction development framework and are equally soundly applied by the property developers. • Location studies and site selection. • Market research and property markets. • Feasibility principles, design development and financial analysis.
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Rostill, Luke. "Fundamentals of property law : possession, title and relativity." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:11453d68-6492-422b-b555-db2b2215fa80.
Повний текст джерелаАнотація:
This thesis is concerned with the doctrine of title by possession and the doctrine of relative title. Many property lawyers believe that these doctrines are elementary, important and interesting. But, while virtually everyone accepts that possession of land or chattels is a source of title and that titles are relative, the doctrines have long been a focus of debate. The nature of possession, the nature of the possessor's title, and the relationships between possession, relative title and ownership have been particularly contentious. Accordingly, this thesis seeks to provide sound answers to the following questions: (1) what, in this context, is possession? (2) What is the nature of the title that is acquired by taking possession of land or chattels? (3) Does English law recognise landownership and chattel-ownership?-and, if it does, is a person who acquires, by virtue of his or her possession, a title to land or chattels the (or an) owner of the land or chattels? It is argued in Chapter 2 that, for the purposes of the doctrine of title by possession, the general rule is that a person is in possession of land or chattels if and only if she has: (i) a sufficient degree of exclusive physical control; and (ii) an intention to possess. Chapters 3-5 are concerned with the second question. It is argued that, upon obtaining possession, a person acquires, in cases involving land, an estate in fee simple absolute in possession and, in cases involving chattels, a general property interest. Chapter 6 is concerned with the third question. It is argued that English law does recognise landownership and chattel-ownership; and that a person who acquires a title by obtaining possession of land or chattels owns the land or chattels if her title is supreme but not if it is inferior.
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Dahmash, Firas Naim. "An examination of the value relevance and bias in the accounting treatment of intangible assets in Australia and the US over the period 1994-2003 using the Feltham and Ohlson (1995) framework." University of Western Australia. Financial Studies Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0145.
Повний текст джерелаАнотація:
[Truncated abstract] The primary aim of this study was to examine, and compare, the value relevance and any bias associated with the reporting of intangible assets in Australia and the US over the ten-year period 1994 to 2003. The study adopts a disaggregated form of the Feltham and Ohlson (1995) valuation model and associated linear information models (LIMs) to allow goodwill and identifiable intangible assets to be separately examined using unbalanced panel regression analysis. The results for the Australian sample suggest that the adaptation of the Feltham and Ohlson (1995) valuation model used in this study is particularly useful in examining Australian equity securities. For example, the pooled sample analysis results in an adjusted R2 of 71%, which is consistent with similar US studies by Ahmed, Morton and Schaefer (2000) and Amir, Kirscenheiter and Willard (1997). Further, the results from the disaggregated Feltham and Ohlson (1995) valuation models suggest that the information presented with respect to intangible assets (both goodwill and identifiable intangible assets) under Australian GAAP is value relevant. However, the results from the valuation models also suggest that (for the average Australian company) the market believes goodwill is reported conservatively and identifiable intangible assets aggressively. ... As noted earlier, the increasing importance of intangible assets in the `new-economy’ suggests that (wherever possible having regard to the measurement difficulties) all intangible assets should be recognised in financial statements to maximise the value relevance of those statements. It should be noted, however, that there was some evidence to suggest that certain Australian companies (that is, those not consistently reporting positive abnormal operating earnings) might be reporting goodwill and/or identifiable intangible assets aggressively and this is an area that standard setters might need to carefully consider in future. I trust that the findings presented in this study will prove helpful to both researchers and those involved with formulating international accounting standards in this particularly difficult area of intangible assets. I also hope the results will help to allay any fears regulators (and others) might have that providing managers with accounting discretion will (necessarily) lead to biased reporting practices; based on the findings of this study for the majority of Australian and US companies, any such fears appear unwarranted.
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Falconer, Kate. "Bones of Contention: The Right to Possession of the Body of the Deceased under Australian Law as a Property Right." Phd thesis, 2020. http://hdl.handle.net/1885/206449.
Повний текст джерелаАнотація:
Death comes to all. And in all cases, someone must see to the disposal of the body. In common law jurisdictions such as Australia, the person tasked with disposing of the body of a particular deceased person is said to hold a right to possession in relation to that body. By giving one particular individual physical and decision-making control over the deceased body at issue, this common law right to possession of the body of the deceased ('the right to possession') plays a vital role in the resolution of legal disputes relating to the treatment and disposal of the dead. Such disputes are increasing both in number and in frequency, and a thorough understanding of the law that underpins them is necessary. Nonetheless, judicial engagement with, and academic consideration of, the right to possession is inconsistent and inconclusive, particularly as regards that right's juridical status. This Thesis addresses this key gap in our understanding by responding affirmatively to the question 'is the right to possession of the body of a deceased person, as it currently exists in the Australian common law, a property right?'
In answering this question, this Thesis undertakes a doctrinal analysis of a core group of 56 Australian post-death dispute cases, adopting an evaluative framework that requires both internal and external consistency. The right to possession is first acknowledged as having particular, recognisable salient features that identify that right as an independent, established legal incident and allow it to operate in a predictable way in any given post-death dispute. Having determined the right to possession to be an internally consistent and cohesive legal incident, this Thesis then engages in an exercise of analytical jurisprudence to identify the essential attributes of property and to assess whether the right to possession possesses those attributes as a matter of external consistency.
This Thesis adopts an exclusion essentialist theory of property, drawing especially on the work of James Penner. It defines the taxonomical branch of the private law that is property as those legal rules that work to protect our interest in exclusively determining the use to which our 'thing' is put. Assessing the right to possession's compliance with the structural framework expected of property rights that results from this definition, this Thesis reaches the preliminary conclusion that the right to possession is indeed proprietary in nature. It then analyses the external consistency of each of the right's internal salient features with this preliminary conclusion, ultimately confirming that the right to possession of the body of a deceased person as it currently exists in the Australian common law is a property right.
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Stubbs, Matthew Thomas. "The eminent domain in Australia: the ’individual rights’ approach to s 51 (xxxi) of the Australian Constitution." Thesis, 2011. http://hdl.handle.net/2440/71494.
Повний текст джерелаАнотація:
The interpretation of ‘acquisition of property on just terms’ in s 51(xxxi) of the Australian Constitution is contested. This thesis re-evaluates the historical, theoretical and comparative contexts of the placitum, and comprehensively examines the High Court’s s 51(xxxi) jurisprudence since Federation, in order to identify the best interpretation of the placitum – that is, one which is contextually coherent, doctrinally consistent and capable of resolving current interpretive controversies. The genesis of s 51(xxxi) is traced to two traditions: the English constitutional protection of private property expressed in the theory of Locke and Blackstone, as reflected in nineteenth century legislative practice in England and the Australian Colonies; and the European public law theory of eminent domain, as constitutionalised in the United States. Both traditions required full market-value compensation in every individual case when private property was appropriated. This was the understanding of s 51(xxxi) reflected in the Convention Debates and other relevant historical materials, and these contexts were habitually referenced by the Framers of the Australian Constitution. To the extent that the American experience contained a more robust justification for the requirement of compensation, and had been rigorously enforced by the Courts, s 51(xxxi) followed the American model. This is the interpretation of s 51(xxxi) adopted by the High Court for the first forty
years: one focussed on the placitum’s purpose of protecting ‘individual rights’, and not on its role in conferring a ‘legislative power’. This changed after World War Two, when Justice (and later Chief Justice) Dixon led the Court away from its earlier jurisprudence and from the contextual understanding of s 51(xxxi), replacing the focus on the individual with a dominant concern to maximise legislative power. The s 51(xxxi) jurisprudence has never fully recovered from this deviation, despite increasing instances of reversion to aspects of the ‘individual rights’ approach over the ensuing years. To the extent that agreed difficulties remain in the Court’s interpretation of s 51(xxxi), this thesis demonstrates that the complete adoption of the ‘individual rights’ approach is the only contextually coherent and doctrinally consistent solution to those difficulties, given the historical, theoretical and comparative contexts of s 51(xxxi) and the development of the High Court’s jurisprudence interpreting the placitum.Thesis (Ph.D.) -- University of Adelaide, Law School, 2011
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Yeh, Ling-yin, and 葉玲吟. "Intellectual property right." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/10104631010033216625.
Повний текст джерелаАнотація:
碩士東吳大學
經濟學系
85
The intellecttual property rights(IPR) has raised varised arguments and issues in developed and developing countries since 1980s. We have recently faced a pressure from the United States in protecting its intellectual property rights,and a challenge of joining the World Trade Organization. This study consists of the American Institute in Taiwan and the Coorgination Council of North American Affairs(AIT-CCNAA) to improve the protection of IPR, establishingdomestic index of IPR excution, and analyzing and researching the execution of IPR in Taiwan.The result of this study are summarized as follows:1.The IPR has been significantly proteced in judiaial side under the pressurefrom the United Stutes.2.The factors affected the degree of IPR include the economic growth or recession,the unemployment, the pressyre from the U.S. under the special 301,and the index of execution on IPR.3.The empirical results indicate the political influence (i.e. the pressyre fromthe U.S.) plays an importment role in the degree of protection of IPR and thejudicial decision in Taiwan.
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Lin, Yan-hong, and 林彥宏. "Coase Theorem Under Imperfect Property Right." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/53430068643363335652.
Повний текст джерелаАнотація:
碩士國立高雄大學
應用經濟學系碩士班
103
The main feature of this thesis is to explore Coase Theorem under imperfect property right. The so called imperfect property right means a property can be acquired by either voluntary transaction or seizure (law-breaking). Based on Schmitz (2001) model, we first verify the Coase Theorem with cost being full information. Then we discuss the case when law-breaking cost is private information. We found that with only imperfect property right not only can efficiency be achieved but the distribution is also improved.
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Chiou, Hueih-Lih, and 邱惠立. "A Study on the Intellectual Property Right Securitization—From the Viewpoint of the Intellectual Property Right Management." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/4uk6xr.
Повний текст джерела
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Thurk, Jeffrey Michael. "Quantitative analyses of intellectual property right protection." Thesis, 2010. http://hdl.handle.net/2152/ETD-UT-2010-05-1185.
Повний текст джерелаАнотація:
Research has demonstrated that the effects of intellectual property right (IPR) protection on firm research and competitive strategies are varied. This dissertation quantifies the dynamic effects of IPR protection along different dimensions. First, I show that countries choose different levels of IPR protection and develop a model to replicate these differences. This model enables me to assess the quantitative effects of trade, as well as the welfare impacts of global harmonization to a single IPR standard. Second, I explore whether IPR protection in the US is too strong. I develop a model in which firms make production and innovation decisions conditional on endogenous technological spillovers. I fit the model to key moments from US data and show that weakening patent protection is welfare decreasing. Thirdly, I show that changing US IPR standards during the 1980s had little real effect on the US Semiconductor industry vis-a-vis exogenous changes in market demand.text
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Chuang, Li-Fu, and 莊立夫. "The Business Strategy of Intellectual Property Right." Thesis, 1989. http://ndltd.ncl.edu.tw/handle/56215644854169066570.
Повний текст джерелаАнотація:
碩士國立臺灣大學
商學系
82
This study is to explore the ACER Intellectual Property Right( (IPR) strategy. According to the literature, the author tries to integrate a framework that contains the characteristics about patent right, personal computer technology, business strategy, and technology strategy to analyze the IPR decisions that were made by ACER, the largest computer company in Taiwan. The pattern of decisions made by ACER is named ACER IPR strategy. The ACER IPR strategy is presented as follows: 1.By the cross-sectional view, the ACER IPR strategy is "ACER wants to become the leader in some technology areas, for example, in the upgrade technology area about single chip application. Then, ACER would apply patent rights as possible to protect its leading technologies. Finally, ACER hopes to achieve the goal that its royalty income equals outcome in the long run." 2.By the longitudinal view, the ACER IPR strategy is "During the technology development and IPR management revolution, ACER has confronted with some significant IPR arguments, that is APPLE, IBM, and CHIP-UP events. At the first two events, ACER was in the defended position where ACER was accused by the foreign companies for infringing their IPRs. At the last event, ACER owns valuable IPRs and can take actions to protect them, thus ACER was in the active position."
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Paik, Seok-Kee, and 白石基. "Intellectual Property Right Strategy in Semiconductor Industry." Thesis, 1994. http://ndltd.ncl.edu.tw/handle/25409310972401830545.
Повний текст джерела
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Wu, Ting-Chuan, and 吳挺絹. "The Relationship between Beneficiary Right and Marital Property." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/04416926084797257255.
Повний текст джерелаАнотація:
碩士國立臺北大學
法律學系一般生組
98
In United States, each spouse will fight to classify the assets as marital or non-marital property at the time of divorce. This classification is important, as the court only has the authority to divide marital property. There are two marital property law systems under American laws which are the common law system and community property system. Common law system divides properties owned by spouses into marital and non-marital property; while community property system characterizes assets as separate property and community property. Only the marital property or community property dose the court has the right to divide at the time of marriage disillusion. With respect to trusts, determining whether the beneficiary's interest in the trust is marital property depends on the terms of the trust, including whether the trustee is required to distribute property to the beneficiary or whether distributions are at the discretion of the trustee. Whether the beneficiary's interest is marital property also depends on whether the trust is a third party trust or a self-settled trust. This has been a complicated area in every state where it has arisen. With the trust law adopted in our country, this dispute will be discussed in a near future. Therefore, by studying how this problem is solved in American law, we can learn from that, and find our own way to concur it when it happens.