Статті в журналах з теми "The undivided property"

This Research Paper will coverthe concept of–whether women have equal shares over the coparcenary property or not & on the other hand it will also discuss the landmark judgment of Vineeta Sharma V/S Rakesh Sharma which has opened up a space for the women to have equal shares in the ancestral property of Hindu Undivided Family.Since the inception of the Hindu Succession Act, 1956 the provision for the division of property of Hindu Undivided Family was only limited to the sons but the amendment of 2005 made some of the special changes to the act, adding daughters as the equal shareholders to the coparcenary property and even this amendment providedthat,the daughter can be the Karta of the Hindu Undivided Family.With special reference to the case of Vineeta Sharma vs Rakesh Sharma this research note will provide in-depth analysis with conflicting case laws where it will be put forth whether the coparcenary property are the property of the sons or even the daughter can claim for equal shares over the Hindu Undivided Family property.

Heirs are one of the vital things in family affairs. However, many problems occur due to the need for more education about learning inheritance. This gives rise to the dispute between fellow heirs to the point of causing disharmony in the family. Burgelijk wetboek, as a reference for Indonesian inheritance law, has explained various meanings and ordinances for an inheritance to possess the estate. But, in reality, many societies still have the unknown, resulting in the possession of the undivided property to meet personal interests. This makes researchers want to know about the control of inherited property that has yet to be divided according to the Civil Code, the underlying factors that occur, and their impact on heirs.

Condominium is a form of land ownership that combines private ownership of an individual unit in a multi-unit building with an undivided share of the common property in the building and a right to participate in the collective governance of the private and common property. Introduced by statute across North America in the 1960s, condominium facilitated the vertical subdivision of land and enabled a massive increase in the density of private interests. This article describes condominium and considers the justifications that were offered for this rearrangement of property. It then chronicles the introduction of condominium to the city of Vancouver and maps its spread across the city from 1970 to 2010. In doing so, the article reveals that condominium, a legal innovation without peer in its capacity to increase the density of private ownership in land, has provided the legal architecture of ownership for the remaking of Vancouver.

The scientific article examines the concept of «complex-structural ownership», which is the basis of timeshare in foreign countries in order to choose the optimal legal basis for this institute in Ukraine. It was established that the concept of «complex structural property» gradually developed in parallel with the development of timeshare itself. In the early stages of development, the consumer bought an ownership interest in the property, which allowed him to use it for a fixed week during a certain season at the resort. Gradually, even more flexible products appeared on the timeshare market, even based on a point system. It was found that the state of development of this issue does not meet the needs of the recodification of the Central Committee of Ukraine and the improvement of the legal basis of timeshare in the conditions of the development of tourism. Examples of the legislation of foreign countries are given, which, regulating the institution of timeshare, the conclusion of relevant contracts, also consolidate the approach to understanding the concept of «complex structural property», in particular the provisions of the Law on the Distribution of California Lands, the Law of the State of Florida «On the Vacation Plan and Timeshare», the Statute of the State of Nevada etc. It was found that the concept of «complex structural property» in the legislation of various US states is connected with the concept of «undivided interests». This is quite an interesting approach, which is fully relevant to the legal nature of timeshare, which essentially also assumes the presence of «undivided interests» among several consumers, and in the context of the expansion of timeshare forms, the appearance of a point system, exchanges, cruise offers, the specified approach manifests itself even more pronounced. It was found that in the Romano-Germanic states, the legal nature of timeshare is considered through the prism of obligations and property rights. It is substantiated that the concept of «complex-structural property» is based on the non-exhaustive list of rights of the owner, which is widespread in the Anglo-American private law doctrine. In the national doctrine of private law, more and more scientific studies are appearing, which justify that the rights of the owner are not limited to the classic triad of powers. It has been proven that since complex-structural ownership is possible precisely in the case of property ownership by several co-owners, it is characterized by the features of joint ownership. It is proposed to distinguish between «simple joint ownership» and «complex structural joint ownership».

As stated in Article 36 of Law No. 1 of 1974 respecting joint marriage, any spouse may operate on joint property with a permission. Investigating Supreme Court decision number 3180 K/PDT/2019—which deals with the sale and purchase of undivided joint property in the presence of the temporary land deed officer (PPAT)—and its legal implications is the goal of this research. This study uses conceptual, case, and legislative methods, and it is normative in character. Primary and secondary sources of law are consulted. Legal material analysis is an approach that uses a procedure that is prescriptive. In accordance with the results of the investigation, it is illegal for the PPAT to have issued a deed of sale and purchase and for M.Uzer and Deslina to have sold shares without Herlina's knowledge or approval. Given that the property being sold is still jointly owned, the sale and purchase are declared unlawful according to MA RI No. 701K/PDT/1997. As a consequence, the deed of sale and purchase is legally flawed, and the Certificate of Property Rights in Deslina's name is no longer enforceable.

<p>High heirloom assets are assets that are jointly owned by a people who have blood ties and are inherited from generation to generation from previous ancestors, and these assets are under the management of the head of the inheritance (eldest male in the clan). High heirlooms do not belong to individuals, but belong to a group together. Inheritance from high inheritance applies a collective system, namely the property is not divided and delivered to the recipient group in the form of an undivided unit. To guarantee land ownership for its people, the government makes rules regarding land ownership, namely Law no. 5 of 1960. With this law, many people have certified their land, including high inheritance in the form of ulayat land in Muaro Paiti village, as private property rights recognized by law. As a result of the certificate of high inheritance into private property, of course, the system of inheritance of high inheritance has changed into inheritance according to the laws in force in Indonesia, namely Islamic inheritance.</p>

The article considers and analyzes the views of Russian church authors in the latter half of XIX – early XX century (orthodox clergy, scholars, teachers of theological schools) toward the phenomenon of the Jerusalem community and the attempts of supporters of socialist views to treat the patterns of life and thought of Jerusalem Christians as an “early Christian”, “apostolic” or “ancient Christian” communism. Through the example of the critical scrutiny by church authors of the book “The Acts of the Apostles”, the paper shows their interpretations of property relations established in the Jerusalem community, reasons of its unique character, exegesis of the fall of Ananias and Sapphire, as well as fundamental differences of life of first Christians from the communist ideal. It testifies that notwithstanding the insignificant disparity of valuations concerning the Jerusalem community, its experience, achievements and period of existence, church authors had an undivided opinion in terms of disagreement with the fallacy of division between property relations of the community with those proclaimed by ideologists of socialism and communism.

In EMD v Fourie (2493/2019) 2023 ZAECQBHC 46 (17 August 2023) the erstwhile couple Daniels were married in 1987. During the subsistence of their marriage, they jointly acquired an immovable property as their matrimonial home, and this was duly registered and held in joint ownership. For the acquisition of the property a loan secured with a mortgage bond by the bank was registered against the property’s title deed. Even after their divorce no amendment regarding the registration of the property held in joint ownership took place. The erstwhile wife with the couple’s children remained in occupation of the house after the husband moved out with his new wife. In time the erstwhile wife also remarried and stayed in the house with her new husband, Jacobs. When the joint debtors encountered cash-flow problems and were unable to meet the bond payments, the house was rented to tenants. The bank eventually foreclosed on the mortgage bond and acquired an execution order from the court. Shortly before the date for the auction a knowledgeable employee of the bank materialised as the proverbial good Samaritan and suggested that with the help of “befriended attorneys” and an estate agent a “special arrangement” may be reached to safeguard the asset – akin to “pawn your car and drive it”. Eventually the wife and her new husband, masquerading as the erstwhile husband and co-owner, signed documents that in reality encompassed an agreement to sell the property for R70 000. After the transfer was duly registered the new registered owner served eviction orders on all tenants and occupiers. The court upheld the application of the original registered co-owners and ordered a rectification of the deeds register to once more reflect the true legal position of their joint ownership. Because the erstwhile husband was not even aware of the intended scheme of his ex-wife and her new husband, the alleged real agreement did not exist. A joint owner can dispose of his/her undivided share of the interest held in co-ownership but has no entitlement to dispose of the complete undivided real right without the agreement of the other joint owners involved. Mr Daniels never had the animus transferendi dominii and the masquerading signatory Jacobs was not entitled to represent him as his agent nor to forge his signature. The purchaser never considered buying merely an undivided co-ownership share in the property and consequently there was neither an obligatory nor a real agreement. The successful application for the rei vindicatio is founded, however, not in the nullity of the obligatory agreement nor on errors regarding the formal requirements of Act 68 of 1981 but in the fact that legally no change in the ownership occurred in the absence of a valid real agreement and consequently the true owners could rely on the rei vindicatio. The primary defence of estoppel was correctly disposed of by Eksteen J because Mr Daniels made no representations at all to the purchaser, the registrar or the conveyancer involved and the first requirement for estoppel is always that the estoppel asserter acted on the representation made by the applicant as estoppel denier and not on representations by an imposter. The court correctly held: “He did not sign the deed of sale, nor did he sign the power of attorney to pass transfer and he was, at all times, entirely unaware of the process. As I have said Mr Jacobs forged his signature” (par 11). It is submitted that although the outcome of the judgment is correct in so far as the “domicile” of the real right of ownership to the immovable property is concerned, it leaves some unease that the erstwhile debt secured by the mortgage bond was wiped out by the payment of that debt to the bank by the purchaser before the alleged registration of the transfer of the property in the name of the purchaser could take place. With the rectification of the unjustified registration, the property is once more registered in the names of the two original joint owners, but now it is no longer burdened by the mortgage debt. This translates to a significant unjustified enrichment of the joint owners at the cost of the duped purchaser, who was bona fide uninformed about the fraudulent chicanery of the attorneys, estate agent and Mrs Daniels and Mr Jacobs. In addition to her loss, she was burdened with the cost order. It is also troublesome that the judgment does not mention whether the court referred the conduct of the attorneys and the estate agent involved in the fraudulent activity to the applicable governing bodies: “Ms Daniels alleged that Mr Postumous [an attorney], Mr Bekker, an estate agent, and Ms Cradock, an attorney in the employ of the fifth respondent, knew of his [ie Mr Jacobs’] true identity and that they had advised him to sign, as if he were Mr Daniels, because of the urgency of the matter” (par 6 and 9). It ought to be considered whether the perpetrators of such fraudulent conduct should not be barred as unworthy of the professions as attorneys or as a registered estate agent.

A testamentary deed is the embodiment of a person's last wishes regarding the assets he or she leaves behind. The assets left behind can be inherited and joint assets. The will deed must pay attention to applicable legal rules. In its creation, the testamentary gift deed is closely related to the party authorized to make authentic deeds, namely the Notary profession. This research discusses the legal power of wills regarding joint assets that have not been divided. The problem discussed in this research is how the judge at the Medan District Court considers declaring a Will Deed whose object is joint property that has not been divided, and what are the legal consequences of canceling a Will whose object is joint property that has not been divided. In this case, it refers to the decision of the Medan District Court Number 43/Pdt.G/2020/PN.Mdn. The research method used is normative juridical, descriptive analytical, based on secondary data, through document study searches, with a qualitative approach. From the results of this research, the first conclusion that can be drawn is that the judge's consideration of Deed of Will Number 05 did not clearly take into account the existence of a mixture of assets between the Plaintiff and (the late) Leman as joint search assets with his wife, Mrs. Tan Bie Tju, even though nothing was created between the late Leman and Tan Bie Tju. "marriage agreement", so that the Plaintiff is entitled to ½ (half) of the joint assets. The legal consequences of canceling a Deed of Will whose object is joint property that has not been divided which is canceled by a judge's decision causes the loss of the binding force of the deed on the parties. Notaries should prioritize the principle of prudence by carrying out the obligation to carefully check all documents related to formal correctness before writing them down in the form of a deed.

In the context of the current debate around enactment of a Uniform Civil Code (UCC), there seems to be a tacit acceptance that the codified Hindu family law will form the base of such a code. In this context, it has become necessary to examine whether the codified Hindu law, applicable to around 80 per cent of our population, has helped to bring about social transformation and change gender relationships. 1 At times, the continuation of the Hindu Undivided Family property is perceived as its main lacunae, but the discriminatory aspects of the Hindu cultural ethos which dominate the Hindu law of marriage are seldom held up for scrutiny. The ritual of kanyadaan; the notion that girls are paraya dhan; the pious obligation of a Hindu father to marry off his daughter which then gives boost to dowry; the view that Hindu marriages are sacramental and the accompanying pati-parameshwar concept; the premium placed on virgin brides which pressurises parents to perform child marriages and so on still dominate our social ethos and judicial discourse.

Live-in relationship, that is, living together as couple without being married to each other in a legally accepted way, is considered a taboo in India. But recently, such relationships are being increasingly common due to a variety of reasons. In absence of any specific legislation, rules, or customs on the subject, the Supreme Court has issued certain guidelines in its judgment for regulating such relationships. This article tries to figure out the current legal positions governing the live-in relationships in India after making a systemic assessment of these judgments. Live-in relationship between two consenting adults is not considered illegal and if the couple present themselves to the society as husband and wife and live together for a significant period of time, the relationship is considered to be a relationship “in the nature of marriage” under the Prevention of Domestic Violence Act, 2005. Consequently, the female partner is entitled to claim alimony under its provisions. Children born out of such relationships are considered legitimate and entitled to get share in the self-acquired property of their parents, though they are not entitled for a coparcenary share in the Hindu undivided family property. Live-in relationships may enable the couple to know each other better, but such no-strings-attached relationship has its disadvantages as well. The couple faces multiple social and logistics problems in day-to-day living. From mental health point of view, it is considered better to be engaged in a good-quality relationship than living alone and having no relation at all.

In November 2021, the President of Mexico (2018-2024) declared that the priority megaprojects of the National Development Plan (Maya Train, Isthmus of Tehuantepec Interoceanic Corridor, Dos Bocas Refinery) fall within the realm of national security. Public and private investments in these projects are directed towards southeastern Mexico, covering the states of Oaxaca, Chiapas, Quintana Roo, Campeche, Yucatán, and Tabasco. These regions are home to indigenous peoples and communities that hold 45% of Mexico’s total social property. In some cases, these communities are visibly linked to national political organizations that defend land and territory. The decree is considered a state of exception applied to land-territory use, with dual implications. On one hand, it represents the undivided social field monopolized by monetary metrics. On the other hand, it signifies the expansion of a neocolonial condition promoted by the Mexican federal government, which marginalizes the voice of resistance in favor of adopting the capital logic defined by the stratification of the global economy. The methodology involves participatory action research since 2019, collaborative research through the coordination of workshops, caravans, marches, and political-community meetings, promoted in conjunction with assemblies fighting for territorial defense. We anticipate the increased use of such state of exception in response to the intertwined rise of health, environmental, and economic contingencies that drive the economic cycle, coupled with ineffective governmental policies formulated for regular times. In other words, the state of exception is activated to ensure the continuity of capital accumulation driven by the concentration of private property.

The Agricultural Economics Research Institute has launched a research project with the aim to analyse the Hungarian land market and the changes occurred since the EU accession as well as to present the tendencies of the development. The statistical data on the land market is rather deficient and cannot be considered representative, therefore, we also included some empirical experiments summarising experts’ opinion referring to all the counties of Hungary. In our paper, we provide our statements and conclusions. The survey shows that the landed property market in Hungary is in a state of anticipation. Demand is primarily for outstanding and good quality land of favourable location in certain countries or larger plots of arable and forestry land. Characteristically, the poorer quality, less accessible land of less favourable location in the neighbourhood of the depopulated, cul-de-sac villages is in oversupply. Scattered, wedged properties of small size or of unclear ownership (undivided common land) are difficult to sell. Many of the vendors are older people with subsistence worries or people who obtained the title by compensation but do not wish to get involved in cultivation. Increasingly more buyers are well capitalised farmers, who wish to increase their holdings, or to unite their property (by land swap). Another significant group of buyers wish to invest into landed property located in the neighbourhood of larger cities, at popular sites, next to main roads or motorways. According to our survey, in the immediate years before the EU accession land and lease prices increased significantly, many fold in relation to quality. Increases in land prices are due to a process of convergence to the EU prices intending to take advantage of the projected unified land market. Increases in lease prices are due to apportioning of the projected land based support between owner and lease holder. According to land sale experts (estate or realty agents) the land market will in the 5&minus;10 years liven up resulting in increases in land and lease prices, although the extent of this cannot yet be prognosticated.

In Islamic law, al-syuf’ah affords the co-proprietors of undivided shares in a property the preferential right to purchase the shares of other co- proprietors before the shares can be offered to outsiders. In the context of Malaysian land law, the study on al-syuf’ah has its own significance as it is closely related to the concept of co-proprietorship of land (CPL) under the National Land Code, 1965 (NLC). It is well known that many issues are confronting the CPL. Most of the problems accrue from unhealthy relationships among the owners which then develop into developmental and economical aspects of the land. On the above facts, this study examines the potential of al-syuf’ah in addressing these problems as well as the possibility of employing the rules of al-syuf’ah alongside the country’s land law. To undertake the research, the data is collected from the library-based literature which then analysed using inductive, deductive as well as comparative methods. The study finds that there are leeways that allow for the implementation of the rules of al-syuf’ah alongside the existing land law. The rules of al-syuf’ah if implemented would be able to solve some of the existing problems and to prevent the problems from recurring in the future.

Although hazardous material (HAZMAT) truck-involved crashes are uncommon compared to other types of traffic crashes, these crashes pose considerable threats to the public, property, and environment due to the unique feature of low probability with high consequences. Using ten-year (2010–2019) crash data from the Fatality Analysis Reporting System (FARS) database, this study applies cluster correspondence analysis to identify the underlying patterns and the associations between the risk factors for HAZMAT-truck-involved fatal crashes. A low-dimensional space projects the categorical variables (including the crash, road, driver, vehicle, and environmental characteristics) into different clusters based on the optimal clustering validation criterion. This study reveals that fatal HAZMAT-truck-involved crashes are highly distinguishable concerning collision types (angle and front-to-front crashes, single-vehicle crashes, and front-to-end crashes) and roadway geometric variables, such as two-way undivided roadways, curve alignments, and high-speed (65 mph or more) urban interstate highways. Driver behavior (distraction, asleep or fatigue, and physical impairment), lighting conditions (dark–lighted and dark–not lighted), and adverse weather are also interrelated. The findings from this study will help HAZMAT carriers, transportation management authorities, and policymakers develop potential targeted countermeasures for HAZMAT-truck-involved crash reduction and safety improvement.

On the example of representatives of the first two generations of the Demidov family, the paper shows how one of the most successful entrepreneurial dynasties of the first half of the 18th century ensured the succession of development of the family business. The strategies of its transmission by inheritance are traced in detail. The legacy of Nikita Demidov, the dynasty’s founder, was divided according to the “Law on single inheritance” (1714): the transfer of property was conflict free, but gave rise to hidden grievances that influenced the further relations of the heirs. The division of the inheritance of the middle son, Grigory Demidov, who was murdered in 1728 and did not determine his heir, also gave rise to a long-term enmity among family members. Akinfiy Demidov’s choice of a successor with careful preparation for the transfer of the undivided industrial economy to him also turned out to be unsuccessful, since most of the heirs were not satisfied. It was only the youngest son, Nikita Nikitich, who managed to carry out the operation of transferring property rights in such a way that this transfer could be considered “equalizing”, “amicable” and therefore “sinless”. The author claims that the circumstances and forms of ownership transfer by each member of the clan influenced the strategies chosen by the other members. With this in mind, the implementation by N. N. Demidov of the option, which ensured the conflict-free transfer of the family business, is regarded as a result of taking into account the mistakes and failures of his predecessors. The influence of external factors on these processes, in particular, changes in legislation regulating the field of family law, and transformations associated with a change in the estate status of actors, is also noted.

Abstrak Anggapan sebagai kewajaran dalam penggunaan harta waris yang belum dibagi menjadi polemik di masyarakat. Pasalnya, berawal dari anggapan kewajaran tersebut berujung sengketa harta waris ang belum dibagi. Penelitian ini menggunakan metode kualitatif yang berfokus pada kajian pustaka. Pengumpulan datanya diprioritaskan pada sumber bahan hukum primer dan sekunder yang berupa teori-teori hukum. Seperti Al-Qur’an, Hadits, maupun kitab-kitab Ulama Mutaakhkhirin. Pemanfaatan harta waris yang tidak terbagi mencakup dua aspek, yaitu ada izin pakai atau tidak ada izin. Jika diperbolehkan, maka transaksi tersebut dapat dijalankan secara sah selama ahli waris mengizinkannya. Jika tidak ada izin dari ahli waris, akan dilihat terlebih dahulu alasan tidak ada izin tersebut. Jika ahli waris tidak memperbolehkan menggunakan harta warisan, maka akan berdampak pada perubahan hukum transaksi, karena ada hak ahli waris lain dalam warisan yang tidak terbagi. Kedua, jika tidak ada izin untuk menggunakan dari ahli waris lain, dikarenakan ahli waris terlalu dini, gila atau tidak layak mengelola, maka selama pendapatan operasional untuk kepentingan ahli waris, maka boleh menggunakan harta waris orang yang belum memperoleh bagian warisannya. Pernyataan bahwa ada perbuatan hukum yang menghilangkan hak milik atau tidak menghilangkan hak milik adalah tidak sah menurut hukum. Karena di dalamnya terdapat cacat akad berupa ketidaklengkapan syarat yang dipenuhi oleh pihak yang menggunakannya. Pada saat yang sama, Syara' telah menetapkan aturan untuk penataan kontrak perdagangan untuk menjaga hak-hak kedua belah pihak dalam kontrak. Abstract The notion as fairness in the use of inheritance that has not been divided has become a polemic in society. The reason is, starting from the assumption of fairness, it ends in an inheritance dispute that has not been divided. This study uses a qualitative method that focuses on literature review. The data collection is prioritized on primary and secondary legal sources in the form of legal theories. Such as the Qur'an, Hadith, and the books of the Mutaakhkhirin Ulama. Utilization of undivided inheritance includes two aspects, namely there is a use permit or no permit. If allowed, then the transaction can be carried out legally as long as the heirs allow it. If there is no permission from the heirs, the reasons for the absence of such permission will be examined first. If the heirs do not allow the use of the inheritance, it will have an impact on changing the transaction law, because there are other heirs' rights in an undivided inheritance. Second, if there is no permission to use it from other heirs, because the heir is too early, crazy or unfit to manage, then as long as the operating income is for the benefit of the heirs, it is permissible to use the inheritance of people who have not obtained their inheritance share. The statement that there is a legal action that eliminates property rights or does not eliminate property rights is illegal under the law. Because in it there is a contract defect in the form of incomplete conditions that are met by the party using it. At the same time, Syara' has established rules for structuring trade contracts to safeguard the rights of both parties to the contract.

Silver nanoparticles (Ag-NP) were obtained in MeCN/0.05 M Bu4NPF6 medium by сyclobis(paraquat-p-phenylene) (CBPQT4+) – mediated reduction of the silver ions generated by anodic oxidation of metallic silver during the electrolysis in an undivided cell. Due to multipoint donor-acceptor interaction CBPQT4+ binds the resulting electron-donor Ag-NP to each other, which leads to their enlargement, aggregation and adsorption. This property of the macrocycle allows to call it a “molecular glue” for NP-Ag. In the absence of stabilizers, aggregated polydisperse Ag-NP of indefinite shape are formed with sizes ranging from 20 to 500 nm. Electrosynthesis in the presence of a stabilizer, polyvinylpyrrolidone (PVP), also leads to the formation of aggregated smaller metal particles of 55 ± 26 nm, which have, in addition to the quasi-spherical shape, the shape of a flat triangle and hexagon. Ag-NP stabilized by PVP are partially bound on the surface of nanocellulose (NC). In the presence of NC, larger Ag-NP with an average size of 97 ± 29 nm are formed, the main shape of which is quasi-spherical; cubic, tetrahedral, and rod-shaped Ag-NP are also formed; the formation of Ag-NP with a flat structure is excluded. The catalytic activity of the obtained particles in the reduction of p-nitrophenol with sodium borohydride is extremely low due to the large size, aggregation, and coating of the NP-Ag surface with the stabilizer PVP and marcocycle.

El autor ofrece un ensayo reflexivo sobre su experiencia investigativa en la realización del proyecto Historia de Bugalagrande. Describe la forma en que investigó y escribió la historia local de su terruño natal, un pueblo en el Valle del Cauca, desde el establecimiento de estancias a comienzo del siglo XVII, su transformación en hacienda y luego indivisos, hasta constituirse físicamente en un pueblo con sus calles y plazas a finales del siglo XIX. El texto referencia los apoyos teóricos, metodológicos, manejo de fuentes y la narrativa desarrollada por el autor. Las reflexiones desnudan la influencia de historiadores clásicos del marxismo inglés, la microhistoria italiana, la microhistoria mexicana e historiadores locales del Valle del Cauca. El proyecto y la experiencia se desarrollaron durante el periodo sabático del investigador.Palabras clave: Bugalagrande, teoría, metodología, fuentes, historia local.My way of killing fleas AbstractThe author offers a reflective essay on his research experience in the execution of the Historia de Bugalagrande project. He describes the way in which he researched and wrote on the local history of his native soil, a town in Valle del Cauca, from the establishing of ranches in the beginning of the 17th century, it’s transformation into an estate, and later, undivided property, until physically constituting itself into a town with its streets and plazas at the end of the 19th century. The text gives reference to the theoretical and methodological contributions, the handling of sources, and the narration developed by the author. The reflections lay bare the influence of the classical English Marxist historians, Italian microhistory, Mexican microhistory, and local historians from Valle del Cauca. The project and the experience were developed during the researcher’s sabbatical. Keywords: Bugalagrande, theory, methodology, sources, local history

Ownership is one of the fundamental notions in the Civil Code and yet far too often writings on the subject have presented a narrow view of it. Obviously, its has a well determined genetic code since its general attributes are usus, fructus, abusus and vis attractiva, while its specific features include exclusivity, perpetuity and absolutism ; still it remains a pliable concept. For on the one hand, though core prerogatives remain with the holder of the right, the attributes and features of ownership may not be so well affirmed, which immediately infers the existence of modalities of the right. Yet on the other, the core may be broken down since the object to such ownership then becomes a source of real rights, thus there is dismemberment. The flexibility of ownership resides in the numerous modifications it can undergo and which all potentially exist in ownership. Before attempting to study various hypotheses leading to the recognition of spatio-temporal ownership, it is indispensible to adopt a wide view of this notion since any other approach cannot produce satisfactory results. Among hypotheses under consideration, introducing a new modality seems the best solution. It does, however, have its drawbacks as the notion of spatio-temporal ownership runs against the grain of qualities inherent in the right of ownership. First of all, the holder of this right only exercices a limited abusus and in this respect he is not alone, for precedents exist with the holders of other means of ownership (substituted property, inalienable property, trust property). Furthermore, there would be an obstruction to the perpetual nature of such ownership. This proposal is, however, to be rejected since the spatio-temporal ownership is perpetual, although discontinuous. Once the initial obstacles are overcome, the introduction of an additional modality of ownership essentially requires the recognition of a fourth dimension in the object of ownership, namely its temporality. An abstract notion if ever there was one, temporality raises the question of the need for conceiving an owned piece of property as being a concrete and materialized thing. Nonetheless, ownership may be dematerialized for in fact, real estate property can be represented as a cube of space and not just a flat plane. The only obstacle to this new modality in ownership would be the impossibility of conceiving innominate changes to the right of ownership. In all the code, case law and authoritative writings presently recognize the capacity of the human mind to conceive additional modifications to rights of ownership. Spatio-temporal ownership depends upon the recognition of the temporal dimension of the object of such right and thereby constitutes a modality of ownership whose peculiarities derive from the individual form of its object. Although recognition of modality in ownership seems to be the only way for arriving at spatio-temporal ownership, we may consider various solutions based upon an arrangement of existing institutions in the law relating to ownership —which would allow the constitution of a spatio-temporal right of ownership. Despite its popularity, usufruct does not seem to us to be a satisfactory answer. Joint ownership is more attractive despite the ever-present expectation of a petition to partition. A covenant between undivided coproprietors would provide, in our opinion however, a delay in such partition and this covenant would be enforceable on both parties and beneficiaries. If doubts persist as to the legality of such a covenant, the revision announced in the proposed Civil Code of Quebec will calm such fears. Besides allowing the postponement of partition for a maximum period of thirty years, this revision will make possible the assignment of a piece of property to a durable end and ipso facto a waiver of partition. One must remain aware of the fact that despite the technique used to avoid partition, the right ownership is plural. It is only by the identification of an additional modality of ownership that there may be true spatio-temporal ownership.

ABSTRAKPermohonan sita jaminan adalah untuk menjamin pelaksanaan suatu putusan di kemudian hari, atas barang-barang milik tergugat, baik yang bergerak maupun yang tidak bergerak, selama proses perkara berlangsung terlebih dahulu disita, atau dengan kata lain bahwa terhadap barang-barang yang sudah disita tidak dapat dialihkan, diperjual belikan atau dipindah tangankan kepada orang lain. Tujuan penelitian ini adalah untuk mengetahui Upaya pengadilan dalam melaksanakan Sita Jaminan Terhadap Barang Milik Tergugat Sebagai Jaminan dalam Suatu Perkara Perdata (Studi Kasus di Pengadilan Negeri Kelas I A Bengkulu) dan Faktor-faktor penghambat mengenai eksekusi sita jaminan Terhadap Barang Milik Tergugat Sebagai Jaminan dalam Suatu Perkara Perdata (Studi Kasus di Pengadilan Negeri Kelas I A Bengkulu. Jenis penelitian yang digunakan oleh penulis adalah penelitian empiris yang bersifat deskriptif. Penelitian hukum bersifat deskriptif merupakan penelitian yang bertujuan menggambarkan tentang sifat-sifat individu, keadaan, gejala atau kelompok tertentu atau untuk menentukan penyebaran suatu gejala dengan gejala lain dalam masyarakat. Pelaksanaan sita jaminan di diatur dalam pasal 197 HIR, penyitaan jaminan putusan di Pengadilan Negeri Kelas I A penyitaan jaminan untuk membayar sejumlah uang. Pelaksanaan dan putusannya jasa akan menjadi sita eksekusi dan nanti akan di lelang, jadi tidak ada kendala jika yang disita itu bukan milik tergugat tetapi milik orang lain nanti ada perlawanan dari pihak yang mempunyai tersebut terhadap perlawanan ke pengadilan dengan gugat perlawanan terhadap sita jaminan. Hambatan dalam pelaksanaan sita jaminan diharuskan surat-surat yang tercantum pada barang atas nama tergugat. Barang atau obyek sengketa menjadi agunan dalam hak tanggungan. Barang atau obyek sengketamerupakan harta warisan yang belum terbagi.Kata kunci: sita jaminan; tergugat; perkara perdataABSTRACTThe request for confiscation of collateral is to guarantee the implementation of a decision in the future, on the property of the defendant, both movable and immovable, as long as the proceedings take place first confiscated, or in other words that the confiscated items cannot transferred, traded or transferred to others. The purpose of this study was to determine the efforts of the court in carrying out the seizure of the Defendant's property as collateral in a civil case (case study at the Bengkulu IA Class Court) and inhibiting factors regarding the execution of collateral seizure against the Defendant's property as a guarantee in a case Civil Code (Case Study in Bengkulu IA Class District. The type of research used by the author is descriptive empirical research. Descriptive legal research is a research that aims to describe the characteristics of individuals, circumstances, symptoms or certain groups or to determine the spread of a symptoms with other symptoms in the community.The implementation of seizure guarantees is regulated in Article 197 of the HIR, confiscation of guarantee decisions in the Class IA District Court confiscation of guarantees to pay a sum of money.The execution and decision of services will be seized execution and later will be auctioned, if there is no problem if the confiscated person does not belong to the defendant but someone else's property will have resistance from the party who has it against the resistance to the court by suing the resistance against the seizure of the guarantee. Obstacles in the implementation of collateral seizure are required for the documents listed on the goods on behalf of the defendant. Goods or objects of dispute become collateral in mortgage rights. The item or object of the dispute is an undivided inheritance.Keywords: confiscated guarantee; defendants; civil cases

There is a lack of understanding of the theory of the Tragedy of the Anticommons (ToA), a type of coordination breakdown or a hold-out problem involving multiple fragmented co-proprietorships with undivided shares, in the land partition context. This paper, hence, discusses how ToA occurs particularly in the agricultural land partition that is primarily governed under the National Land Code 1965 and proposes potential legal and non-legal approaches and mechanisms to address the land tragedy. An abductive content analysis of (9) case laws extracted from the LexisNexis database was performed through which themes and codes were developed to explain how ToA hindering land partition takes place. Subsequently, judicial decisions in solving disputes arising from land partition and existing best practices in dealing with the tragedy were reviewed. The case laws review indicated that unsuccessful agricultural land partition associated with high transaction costs in securing co-proprietors consensus is a form of simultaneous ToA, that most of the unpartitioned land (anticommons) may be subject to underinvestment (land mismanagement) and disuse. Key factors leading to disagreement among co-proprietors and consequently ToA are as follows: (i) unequal (unfair) proportion or shares of land; (ii) uneven geographical partition and spatial distribution of government reserves; and (iii) potential damages and negative effects (e.g., loss of income and property). To address ToA, these are legal mechanisms proposed: statutory enforcement of the National Land Code (NLC) 1965 (via land forfeiture and reversion), the Land Acquisition Act (LAA) 1960 on compulsory land acquisition, and judicial decisions (e.g., land partitions may take place if it is fairly distributed and made by the majority shareholders), while non-legal approaches cover negotiation and arbitration; en-bloc sales (partition); collective action through enhanced social capital; and imposition of a tax on underutilised land. By showcasing various agricultural anticommons tragedies and their potential negative externalities in the land partition context, this paper offers policy and management insights that help land officers and local authorities ensure the maximum efficiency and productivity (i.e., highest and best use) of the land

В статье рассматривается обычное право кыргызов, регулирующее социальные отношения традиционного общества. Автор отмечает, что в традиционном кыргызском обществе до середины XIX в. правовой характер взаимоотношений, регулирующих государственные, брачно-семейные, наследственные, имущественные, обязательственные, уголовные и другие виды, выполнял адат укук – обычное право, основанное на вековых традициях и обычаях народа. Все виды правовых отношений основывались на традициях, обычаях и были детерминированы социально-экономическими факторами, кочевым способом бытия, доминированием общинной психологии над индивидуальным. В статье делается вывод, что адат укук представлял собой цельное, нерасчлененое образование, переплетаясь с моральными установками, бытовыми обычаями и традициями, выполнял регуляцию всех правовых отношений, не имел градации на уголовное и гражданское право. Макалада кыргыздардын адат-укугу салттуу коомдогу социалдык мамилени жөнгө салуучу катары каралат. Автор салттуу кыргыз коомунда XIX кылымдын ортосуна чейин мамлекеттик, нике-үй-бүлөлүк, мурастык, мүлктүк, милдеттемелер, кылмыш жана башка түрлөрүн жөнгө салган, өз ара мамилелердин укуктук мүнөзүн элдин кылымдап калыптанып келген салт жана адаттарына негизделген адат-укугу аткарып келгендигин белгилейт. Укуктук мамилелердин бардык түрү салт, адат-укукка негизделген жана социалдык-экономикалык факторлорго, тиричиликтин көчмөн ыкмасына, индивидуалдуулукка жамааттык психологиянын басым көрсөтүүсүнө детериминацияланган. Макалада адат-укук моралдык жобо, тиричилик каадасы жана салты менен айкалышкан, бардык укуктук мамилелерди жөнгө салууну аткарган, кылмыш жана жарандык укуктук градацияга ээ эмес, бүтүн, ажырагыс түзүлүштү элестет деген жыйынтык чыгарылат. The article examines the customary law of the Kyrgyz people, which regulates the social relations of the traditional society. The author notes that in the traditional Kyrgyz society until the middle of the XIX century the legal side of various relations governing state, marriage, family, inheritance, property, liabilities, criminal and other types of relations was regulated by “adat ukuk” - a customary law based on age-old traditions and customs of the people. All types of legal relations were based on traditions, customs and were determined by socio-economic factors, the nomadic way of living, the domination of community psychology over the individual. The article concludes that adat ukuk was an integral, undivided formation, intertwined with moral values, everyday customs and traditions, and governed all legal relations, with no differentiation between criminal and civil law.

Due to the liquidation of the Union in 1839 and the transfer of Catholic churches to the Orthodox Church after the rebellions of 1830–1831 and 1863–1864 in the territories of the former Polish -Lithuanian Commonwealth which were incorporated into the Russian Empire, a great deal of sacred art pieces of western -Christian art became property of the Orthodox Church. As per directions of the Church authorities, the images of Jesus Christ, Our Lady and the Saints of the Undivided Church could remain in Orthodox churches, while those of Catholic and Greek -Catholic Saints were to be given back to Catholics. The images that were left in Orthodox churches were to be changed to meet the Orthodox rules. That usually meant addition of an inscription or repainting of the image partially or fully. The situation was different in relation to miraculous images. After being transferred to the Orthodox churches they remained unchanged, even in the cases when their iconography was unacceptable for the Orthodox Church or when they represented Catholic Saints, such as Ignatius Loyola or Anthony of Padua. This was related to the effect miraculous images had on local communities. The cult of miraculous images was above -confessional; believers of different Christian confessions went on pilgrimages to them. Leaving these images as is they were aimed at converting Catholics to Orthodoxy to strengthen the position of the Russian Empire on the land of the former Polish - -Lithuanian Commonwealth. To justify the functioning of western -Christian images in the Orthodox Church, both new legends were developed stating the images had Orthodox origins and were taken by Catholics, and attempts of theological rationale were made. These activities were successful: the images that survived through the disasters of the 20th century are still in the cult of the Orthodox Church along with the legends of their Orthodox origin developed in the 19th century.

Understanding, development, and significance of state sovereignty in international and domestic relations are a constant and burning issue of scientific research. However, over the last years, there is a growing tendency in the foreign and Russian science aimed at the disavowal of the concept of the sovereignty as an inalienable, undivided, and absolute power of the state, which leads both to the scientific disputes and the growth of tension at the state-by-state (international) level. The abovementioned determined the goal of this work: the scientific substantiation of the sovereignty as the most important, enduring characteristic and the base attribute of a state, as well as the formation of the concept according to which state sovereignty should be considered as a political and legal axiom aimed at the creation of a modern secure world order. The understanding of state sovereignty developed over several centuries includes the ability of a state to form and implement an individual, independent, and integral foreign and domestic policy, which means the supremacy of the state in the domestic and foreign policy. However, there are significant disagreements in understanding the nature, scope, implementation mechanism, and other factors of the formation and development of state sovereignty. In the paper, the author attempts to comprehend the pluralism of views on the concept of state sovereignty and to identify the consequences of artificial reducing the authority of the state sovereignty concept, proposes the justification for the inadmissibility of its disavowal. The author concludes that the concept of state sovereignty is actually the most important property of any state and scarcely depends on the influence of external factors, i.e. the sovereignty of the state cannot be limited since this contradicts, first of all, to its essence, and the disparagement and appeals to the state sovereignty abolition are the most dangerous tendency significantly increasing the level of tension in the world. State sovereignty is a symbol, the ideological framework of the world order and the existence of any state.

Hotspot identification (HSID) is a critical part of network-wide safety evaluations. Typical methods for ranking sites are often rooted in using the Empirical Bayes (EB) method to estimate safety from both observed crash records and predicted crash frequency based on similar sites. The performance of the EB method is highly related to the selection of a reference group of sites (i.e., roadway segments or intersections) similar to the target site from which safety performance functions (SPF) used to predict crash frequency will be developed. As crash data often contain underlying heterogeneity that, in essence, can make them appear to be generated from distinct subpopulations, methods are needed to select similar sites in a principled manner. To overcome this possible heterogeneity problem, EB-based HSID methods that use common clustering methodologies (e.g., mixture models, K-means, and hierarchical clustering) to select “similar” sites for building SPFs are developed. Performance of the clustering-based EB methods is then compared using real crash data. Here, HSID results, when computed on Texas undivided rural highway cash data, suggest that all three clustering-based EB analysis methods are preferred over the conventional statistical methods. Thus, properly classifying the road segments for heterogeneous crash data can further improve HSID accuracy.

A term “Natural Science(s)” most frequently associates with natural sciences such as physics, chemistry, biology, astronomy, geography, etc., i.e. inanimate and animate nature. An extensive list of sci-ences testifies to the complexity of nature and its problematic character. The senior forms of comprehensive school are taught these sciences as individual subjects with little interdependence. Thus, undivided materiali-ty of nature seems to be “disjointed” and a general view of it is lost. Trying to perceive the phenomena that surround us, we always divide the world into single dimensions (for easier perception). What would happen if a chemist saw the world in a hundred – dimensional universe (following the number of chemical ele-ments)?! How deeply and properly one part may be studied it can never disclose the wholeness (a holistic or systemic aspect). On the other hand, we try to design complex systems from the observed and perceived single-dimensional fragments (for example, periodic law, etc.). In this case, any subject of nature cannot describe the wholeness of it. Of course, the view of general nature cannot be fully displayed within the frame of one of its branches. We have lost the real world as the set of interconnected parts. The pictures of the partial worlds (a world of physics, chemistry, biology, etc.) are fragmentary, incoherent and influence our consciousness as a stream of separate pictures. Therefore, it is necessary to form a system that would comprise the knowledge accumulated by all natural sciences establishing the linkage between subjects, inte-grating the knowledge of natural sciences, creating a picture of the world and turning back to the undivided individual world. Thus, in order to clearly realize and understand our environment and nature, to perceive therein existing relations between phenomena and laws, to have orientation in nature following the latest requirements for a scientific knowledge, it is equally important both, the differentiation and integration of natural sciences: the reconstruction of the “disjoined” nature as a unified system in a more advanced level of a theoretic cognition. The task to be resolved is in no manner easy; still the solution has to necessarily be found. The emphasis is put today on one of the reasons indicating why interest in natural sciences is de-creasing. The point is that natural science education (physics, chemistry, biology, etc.) stands behind the latest academic science achievements. According to N.Lisov (2000), scientific content is a key component of the educational process that promotes general - theoretic and functional - practical literacy of a person. The necessity of systemic thinking (approach) unfolds and implements natural science education. The correlation between human being and nature becomes more and more problematic. Human being cannot be treated only as a component of biosphere. The necessary systemic development of both nature and society is considered to be examined. In other words, a mind strategy is needful in the correlation with nature, society and a technical environment. Hypothetically we can say that nature “created” human being and human being established technical (technological) environment, but the latter “turned back” to both nature and human being. How not to wander? Although every living creature, including human being, is able to keep stability (homeostasis) it has to succeed in changing (evolution) as great stability can harm any organism. The sys-temic approach is extremely important to natural science education. The acknowledgment of a single com-ponent does not afford an opportunity to perceive the whole system. A similar method could be used creating a number of systems. For example, thermodynamics (entro-py, chaos, temperature and thermal energy are fundamental characteristics of thermodynamics), cybernetics (information and management are two fundamental characteristics of cybernetics) and synergetic (a science explaining the links between the phenomena, seeking to find out the origin of new objects that produce new phenomena or disappear) can be examined only as a closely operating system. Nature study (in a broad sense) is a complex, specific subject. Human being needs to be trained to feel nature and research it what makes him able to immediately communicate with it. Nature value awareness, experience and practice impersonation are the fundamental manifestations of the interaction between human being and nature. This is one of the primary tasks of natural science education in the 21st century. Key words: science education, systemic approach, human being, general education.

A wise man once observed that a country's treatment of its women might be used to gauge its overall health. This brief statement recognizes India's progress toward gender parity. Notwithstanding the point that women make major contributions to agriculture in numerous nations, they have low financial status because they do not own the property they work on. If women have access to land ownership, their level of economic independence and safety can be increased. The governments of India and other nations have put in place a number of programs to guarantee the protection of women in diverse contexts. It is not necessary to travel back in time to comprehend how estate ownership increases people's potential to enjoy full citizenship because the ancient Romans and Greeks created the right to cast a vote grounded on land ownership (age and gender). Anybody with the help of a basic understanding of European or American history can easily recognize the relationship between the franchise and property rights. In many countries in the Middle East, Sub-Saharan Africa, and Asia, men still have exclusive rights to land. Usually, women are seen as the "guardians" of their children, keeping valuables and other things in their custody. Is it a surprise that these are the same nations that consider women to be "minors" under the law, preventing them from signing contracts, opening bank accounts, or getting loans? Every legal dispute has a distinct history, from workplace sexual harassment to domestic animal abuse. For instance, unlike our traditional legislation, which solely protects the property rights of male descendants, the Hindu Undivided Family accords women with the same rights to their father's property. However, on August 11, 2020, our judicial system recognized a daughter's claim to her ancestors' property, granting daughters the same status as well as rights in the home and community and upholding the real meaning of Art. 14 of our Constitution of India. But is there a conclusion? How will this ruling touch the status of girls in Hindu undivided families (HUF) and why is it significant? The study's main objectives are to clarify the court decisions defending the daughter's property rights, point out legal voids, and further develop the concepts of equality and equity.

Alternative intersection designs can offer safety and operational benefits with potentially lower costs than conventional intersections when implemented in the proper setting. The Federal Highway Administration has previously identified a subset of alternative designs called reduced left-turn conflict intersections as a proven safety countermeasure. Median U-turn intersections (also known as “Michigan lefts” or “boulevard turnarounds”) are one such design that accommodates all left-turn movements via directional U-turn crossovers within the median. Prior work has consistently shown that median U-turn intersections can provide superior safety performance when used in the appropriate conditions. However, research that is specific to unsignalized reduced left-turn conflict intersections continues to be limited to work conducted before the Highway Safety Manual, or which includes restricted crossing U-turn intersections. This study included the evaluation of historical traffic crashes and volume data at 95 unsignalized intersections in the state of Michigan. This included the collection of data for 39 median U-turn sites and 56 reference group sites to estimate safety performance functions and crash modification factors that can be used when considering future conversions. Ultimately, crash modification factors for fatal and injury crashes of 0.438 and 0.686 are recommended when converting intersections with undivided two-lane two-way major approaches and four-lane divided boulevard major approaches, respectively. Although there was no significant difference in property damage only crashes associated with converting intersections with undivided, two-lane, two-way major approaches, a crash modification factor of 1.325 is recommended for property damage only crashes specific to conversions with four-lane, divided boulevard major approaches.

The general federal tax lien attaches to "all property and rights to property, whether real or personal" which belong to the delinquent taxpayer. In most cases in which the IRS takes enforced collection action based on its lien, there is little doubt that the property the IRS is pursuing constitutes "property [or] rights to property." The easiest cases, of course, are those in which the tax delinquent is the fee simple owner of realty or personalty. The IRS typically goes after such assets first because the tax lien obviously attaches to them and they are relatively easy to convert into cash to pay the liability. If such assets are unavailable or have been exhausted, the IRS may pursue items involving less than fee simple ownership. As it does so, the question may arise whether the items constitute property or property rights. The Supreme Court has repeatedly stressed that the language of section 6321 "is broad and reveals on its face that Congress meant to reach every interest in property a taxpayer might have. Despite this expansive construction, controversies as to the reach of the general lien are perennial. Whether a given interest constitutes "property [or] rights to property" for section 6321 purposes has been litigated in hundreds of cases.The most challenging of these controversies involve one or more of three situations. First, the taxpayer's interest may not yet have ripened (and may never ripen) into full possession or control of the underlying property. A continuum exists from mere hope, to expectancy, to contingent interest, to present possessory interest. Second, the taxpayer's interest may be shared with others. It may be undivided not individual, joint not single, or fractional. Third, restrictions may exist, under the instrument governing the property or under state law, on the taxpayer's ability to use or dispose of the property or on the ability of the taxpayer's creditors to reach the property or the taxpayer's interest in it. The more the taxpayer's interest diverges from fee simple ownership, because of one or more of these situations, the more likely is an argument that the tax lien does not attach to the interest because it is not "property [or] rights to property."

Marriage in community of property carries major implications for ownership of the parties’ assets, liability for their debts as well as their capacity to enter into legal transactions. To some extent, the same may be true for marriages out of community of property with the application of the accrual system, more particularly at the dissolution of such a marriage. Community of property entails the pooling of all assets and liabilities of the spouses immediately on marriage, automatically and by operation of law. The same regime applies to assets and liabilities which either spouse acquires or incurs after entering into the marriage. The joint estate created by marriage in community of property is held by the spouses in co-ownership, in equal and undivided shares. The natural consequence of holding the parties to their marriage agreement is that on divorce the joint estate will be divided equally between them unless a forfeiture of patrimonial benefits order is made. Where it has been established, forfeiture of patrimonial benefits is a financial patrimonial consequence of marriages in community of property and marriages out of community of property were the accrual system is applicable.Section 9(1) of the Divorce Act (DA) is the basis upon which the court can decide to grant forfeiture of patrimonial benefits. The principles relating to forfeiture of patrimonial benefits in respect of marriages in community of property remain probably the most misunderstood aspects of South African matrimonial law, more especially in practice. This section lists three factors which courts should take into account when granting an order for forfeiture of patrimonial benefits. First, this paper seeks to discuss the case of Molapo v Molapo, with a view to critically analyse the approach adopted therein with regard to forfeiture of patrimonial benefits. The author shall be arguing that the court, when ordering partial forfeiture of benefits, in this case was influenced partly by what it regarded to be fair in the context of this case, notwithstanding the fact that the principle of fairness has been rejected by the Supreme Court of Appeal. Secondly, the author shall also demonstrate that in Molapo v Molapo the court failed to provide a basis upon which it apportioned the proceeds of the main asset in the joint estate to the parties. Finally, in order for a court to be able reach a decision regarding forfeiture of patrimonial benefits it is important for a party claiming forfeiture to adequately make out a case for forfeiture of patrimonial benefits. The author shall argue that the party in whose favour forfeiture of patrimonial benefits was awarded in Molapo v Molapo failed to properly make out a case thereto in her pleadings.

The provision of shelter is a fundamental human right as defined by the maqasid al-shariah hence, the Islamic financial system should give undivided attention by assisting to provide affordable housing. This, however, is relatively hard to do given that market forces dictate property prices that many cannot afford. Unaffordable housing is a serious issue being faced by major cities around the globe, including Malaysia. Naturally, most individuals resort to government assistance, as the issue warrants social and political attention. With limited fiscal capacity, governments have fewer options to build affordable housing. Similarly, private developers will not build houses that are not profitable. One possible solution is to seek investments from institutional investors who, with deep pockets, could resolve this conundrum. This study attempts to investigate factors that motivate institutional investors to invest in affordable housing projects in Malaysia. A qualitative approach was applied to identify six attributes of investments, namely fund structure and mandate, market return, social return, risk mitigation, governance and transparency, and government support. These findings provide valuable insight for policymakers in structuring investment vehicles with the identified attributes, which may attract institutional investors to invest in this initiative.

The unique experiment of democratic decentralization through the working of Panchayati Raj Institutions in West Bengal has already brought about an unmistakable transformation of the rural society and contributed to the awakening of consciousness among the less privileged sections regarding their ability and capacity to rebuild their future and to bring the fruits of development within the easy reach of one and all. This intimate involvement of the people in the entire process of rural development and the spontaneous growth of genuine rural leadership in the villages and blocks were the main features of the Panchayati Raj system in this state. Yet this great experiment is not free from some problems which have arisen in the day to day or long-term working of Panchayat bodies. These have to be identified and appreciated without in any manner, casting any reflection upon either the Panchayat system or functionaries in the field whether official Panchayat public relations, upon which depends largely the effective and efficient working of the system. N other words, the dysfunctions of the Panchayat institutions should be properly identified in order to check the entropic tendency of the system. Let us now see the types of dysfunctions of this grass-root experiment. The transfer of power and decision-making authority to elected representatives in the field of rural development has understandably disturbed the earlier ‘balance’ between official and non-officials. A process of trial and error, a process of adjustment has, however, already started and there is an increasing appreciation of the viewpoints that power has necessarily to be with the people and their elected leaders and the bureaucracy must consciously and wholeheartedly provide the needful support and assistance in the decision racking process and also in the process of implementation of programmes decided upon.

Статья предполагает анализ естественных и социокультурных факторов развития основных цивилизационных моделей - западной и восточной и, как следствие, выявление основ специфики общения в обществах данного типа. Поскольку общение реализуется через социальное взаимодействие и детерминировано социальными связями того или иного общества, авторы обосновывают определяющие факторы развития Запада (благоприятные природно-климатические условия, хорошие природные ресурсы, относительно небольшая территория, открытость для нововведений, высокий уровень развития экономики, частная собственность, католицизм и протестантизм и т.д.) и Востока (консерватизм земледельческой культуры, кочевое скотоводство, родоплеменная организация, сезонность деятельности, неразделенность человека от природы, неравномерное распределение природных ресурсов, коллективизм, идеократизм и т.д.). Данные факторы представляют собой технологический компонент развития Запада и человеческий компонент развития Востока, и определяют характер и особенности социальных связей в рассматриваемых обществах. Они способствуют формированию таких черт западного человека, как трудоголизм (постоянная реализация трудовой деятельности), индивидуализм (отсутствие коллективизма, личная и экономическая свобода), рационализм, экстравертированность (открытость к внешнему миру и к изменениям в себе), целерациональность (ожидание эффективного результата деятельности), и таких черт восточного человека, как коллективизм, интровертированнсть сознания, идеализм, пассивность, консерватизм). В западном обществе социальные связи имеют более формализованный и регламентированный характер, а также ориентированы в большей степени на личностный успех, нежели на коллективизм и традиции, свойственные Востоку. Используя ретроспективно-компаративный анализ, применяя методы аналогий, экстраполяций, генетический, системный, структурно функциональный, авторы обосновывают базисные (целерациональный и ценностно-рациональный) типы социального действия как основы межличностного общения в западной и восточной среде. Принимая то, что все культуры экологичны по своей природе, следовательно все социокультурные компоненты объективны и естественны, можно предполагать различные типы взаимоотношений людей в зависимости от совокупного действия комплекса различных факторов. The article assumes an analysis of the natural and sociocultural factors of the development of the main civilizational models - the western and eastern and, as a result, the identification of the basis of the specificity of communication in societies of this type. Since communication is realized through social interaction and is determined by the social connections of this or that society, the authors substantiate the determining factors of the development of the West (favorable climatic conditions, good natural resources, relatively small territory, openness for innovations, high level of economic development, private property, Catholicism and Protestantism, etc.) and the East (conservatism of agricultural culture, cattle breeding, tribal organization, seasonality is active ty, undivided man from nature, the uneven distribution of natural resources, teamwork, ideokratizm etc.). These factors are the technological component of the development of the West and the human component of the development of the East, and determine the nature and characteristics of social ties in the societies in question. They contribute to the formation of such features of a Western person as workaholism (constant implementation of labor activity), individualism (lack of collectivism, personal and economic freedom), rationalism, extroversion (openness to the outside world and to changes in oneself), selectivity (expectation effective result of activity), and such traits of an eastern person as collectivism, introverted consciousness, idealism, passivity, conservatism). In Western society, social ties are more formalized and regulated, and are also focused more on personal success than on collectivism and traditions characteristic of the East. Using reparative-comparative analysis, using the methods of analogies, extrapolations, genetic, systemic, structurally functional, the authors substantiate the basic (purpose-oriented and value-rational) types of social action as the basis of interpersonal communication in Western and Eastern environments. Assuming that all cultures are ecological in nature, therefore all sociocultural components are objective and natural, we can assume various types of human relationships depending on the cumulative effect of a complex of various factors.

Introduction As street protests and clashes between citizens and authorities in places as different as Ferguson, Missouri and Hong Kong in autumn 2014 demonstrate, everyday life in many parts of the world is characterised by conflicting and competing sets of cultural norms, values, and practices. The idea that groups create cultures that stand in contrast to “mainstream” or “dominant culture” is nothing new—sociology’s earliest scholars sought cultural explanations for social “dysfunctions” such as anomie and deviance. Yet our interest in this article is not about the problems that marginalised and non-normative groups face, but rather with the cultures that are created as part of dealing with those problems. Milton Yinger begins his 1982 book, Countercultures: The Promise and Peril of a World Turned Upside Down, by contrasting multiple perspectives on countercultures. Some thinkers have characterised countercultures as not only a mundane feature of social life, but as a necessary one: Countercultures and the many types of intentional communities they commonly create are not social aberrations. For thousands of years there have been attempts to provide alternatives for the existing social order in response to the perennial grounds for dissent: hierarchy and privilege […,] disgust with hedonism and consumerism […, and] a decline in the quality of life. (Yinger, Countercultures 1) Others, however, have discursively delegitimised countercultures by characterising them as something in between naiveté and unschooled arrogance. Speaking specifically about hippies in the 1960s, Bell argued that the so-called counter-culture was a children’s crusade that sought to eliminate the line between fantasy and reality and act out in life its impulses under a banner of liberation. It claimed to mock bourgeois prudishness, when it was only flaunting the closet behavior of its liberal parents. It claimed to be new and daring when it was only repeating in more raucous form […] the youthful japes of a Greenwich Village bohemia of a half century before. It was less a counter-culture than a counterfeit culture. (xxvi-xxvii) If Bell is at all right, then perhaps countercultures may be better understood as subcultures, a term that may not require the idea of opposition (but see Gelder; Williams, Subcultural). To tease this distinction out, we want to consider the value of the counterculture concept for the study of oppositional subcultures. Rather than uncritically assuming what counter means, we take a more analytical view of how “counter,” as similar to other terms such as “resistant” and “oppositional,” has been articulated by social scientists. In doing this, we focus our attention on scholarly works that have dealt explicitly with group cultures “that sharply contradict the dominant norms and values of the society of which that group is a part” (Yinger, Countercultures 3). The Relationship between Counterculture and Subculture Many scholars point to the Chicago School of sociology as developing the first clear articulation of subcultural groups that differed clearly from mainstream society (see for example, Gelder and Thornton; Hannerz, E.; Williams, Youth). Paul G. Cressey, Frederic Thrasher, and later William Foote Whyte each provide exemplary empirical studies of marginal groups that were susceptible to social problems and therefore more likely to develop cultures that were defined as problematic for the mainstream. Robert Merton argued that marginalised groups formed as individuals tried to cope with the strain they experienced by their inability to access the cultural means (such as good education and good jobs) needed to achieve mainstream cultural goals (primarily, material success and social status), but Albert Cohen and others subsequently argued that such groups often reject mainstream culture in favour of a new, alternative culture instead. Within a few years, conceptual distinctions among these alternative cultures were necessary, with counterculture and subculture being disambiguated in American sociology. Yinger originally employed the term contraculture but eventually switched to the more common counterculture. Subculture became most often tied either to the study of religious and ethnic enclaves (Mauss) or to deviance and delinquency (Arnold), while counterculture found its currency in framing the cultures of more explicitly political groups and movements (see for example, Cushman; George and Starr). Perhaps the clearest analytical distinction between the terms suggested that subculture refer to ascribed differences based upon socio-economic status, ethnicity, religion (and so on) in relation to the mainstream, whereas counterculture should refer to groups rooted in an explicit rejection of a dominant culture. This is similar to the distinction that Ken Gelder makes between subcultures based upon marginalisation versus non-normativity. Counterculture became best used wherever the normative system of a group contains, as a primary element, a theme of conflict with the values of the total society, where personality variables are directly involved in the development and maintenance of the group's values, and wherever its norms can be understood only by reference to the relationships of the group to a surrounding dominant culture. (Yinger, Contraculture 629) Even at that time, however, such a neat distinction was problematic. Sociologist Howard S. Becker demonstrated that jazz musicians, for example, experienced a problem shared in many service occupations, namely that their clients did not possess the ability to judge properly the value of the service rendered, yet nevertheless sought to control it. As a consequence, a subculture emerged based on the opposition of “hip” musicians to their “square” employers’ cultural sensibilities. Yet Becker framed their experiences as subcultural rather than countercultural, as deviant rather than political (Becker 79-100). Meanwhile, the political connotations of “counterculture” were solidifying during the 1960s as the term became commonly used to describe aspects of the civil rights movement in the US, hippie culture, and the anti-Vietnam or peace movement. By the end of the 1960s, subculture and counterculture had become analytically distinct terms within sociology. Cultural Studies and the Class-ification of Counterculture The reification of subculture and counterculture as ontologically distinct phenomena was more or less completed in the 1970s through a series of publications on British youth cultures and subcultures (see Hall and Jefferson; Hebdige; Mungham and Pearson). The Centre for Contemporary Cultural Studies (CCCS) in particular expended a great deal of collective mental energy theorising the material base upon which cultures—and in particular spectacular youth subcultures such as mods and punk—exist. As with Marxist analyses of culture more generally, class was considered a key analytic variable. In the definitive theoretical statement on subculture, Clarke, Hall, Jefferson, and Roberts argued that “the most fundamental groups are the social classes, and the major cultural configurations will be […] ‘class cultures’” (13). Subcultures were thus seen as ideological reactions to the material conditions experienced and made meaningful within working class “parent culture.” This is what made youth subcultures sub—a part of the working-class—as well as cultural—the process of expressing their structural position. Given the Marxist orientation, it should go without saying that subcultures, as working-class youth cultures, were seen as naturally in a state of conflict with bourgeois culture. But that approach didn’t account well for counter-currents that emerged from within the middle-class, whose relationship with the means of production was markedly different, and so the concept of counterculture was appropriated to describe a distinctly middle-class phenomenon. The idea that counterculture represented an overtly political response from within the dominant culture itself fitted with work by Theodore Roszak and Frank Musgrove, and later Yinger (Countercultures) and Ulf Hannerz, who each defined counterculture through its political and activist orientations stemming from a crisis within the middle-class. To further differentiate the concepts, the CCCS dismissed the collective aspect of middle-class resistance (see Clarke et al., 58-9, for a list of phenomena they considered exemplary of middle-class counterculture), describing it as more “diffuse, less group-oriented, [and] more individualised” than its working-class counterpart, the latter “clearly articulated [as] ‘near’ or ‘quasi’-gangs” (Clarke et al. 60). And whereas subcultures were centred on leisure-time activities within working-class environments, countercultures were concerned with a blurring of the boundaries between work and leisure. This conceptualisation was problematic at best, not least because it limits counterculture to the middle-class and subculture to the working class. It also gave considerably more agency and consequence to middle-class youths. It seemed that countercultures, with their individualist tendencies, offered individuals and groups choices about what and how to resist, as well as some expectations for social change, while subculturalists, locked within an unfortunate class position, could only resist dominant culture “at the profoundly superficial level of appearances” (Hebdige 17). Beyond the Limits of Class Cultures By 1980 cultural studies scholars had begun disassembling the class-basis of subcultures (see for example, G. Clarke; McRobbie; Griffin). Even though many studies still focused on stylised forms of opposition, subcultural scholarship increasingly emphasised subcultures such as punk as reflecting a more explicitly politicised resistance against the dominant or mainstream culture. Some scholars suggested that “mainstream culture” was used as a contrastive device to exaggerate the distinctiveness of those who self-identity as different (see U. Hannerz; Copes and Williams), while others questioned what subcultures could be seen as existing independently from, or in assumed opposition to (see Blackman; Thornton). In such cases, we can see a move toward reconciling the alleged limits of subculture as a countercultural concept. Instead of seeing subcultures as magical solutions and thus inevitably impotent, more recent research has considered the agency of social actors to overcome social divisions such as race, gender, and class. On the dance floor in particular, youth culture was theorised as breaking free of its class-binding shackles. Along with this break came the rhetorical distancing from CCCS’s definitions of subculture. The attempted development of “post-subculture” studies around the Millennium focused on consumptive behaviours among certain groups of youths and concluded that consumption rather than opposition had become a hallmark of youth culture broadly (see Bennett, Popular; Huq; Muggleton). For these scholars, the rave and club cultures of the 1990s, and others since, represent youth culture as hedonistic and relatively apolitical. “Post-subculture” studies drew in part on Steve Redhead’s postmodern approach to youth culture as found in The Clubcultures Reader and its companion text, From Subcultures to Clubcultures (Redhead). These texts offered a theoretical alternative to the CCCS’s view of oppositional subcultures and recognition that subcultural style could no longer be understood as a representation of ideological strain among working-class youths. Carried forward in volumes by David Muggleton and Rupert Weinzierl,,among others, “post-subcultural” scholarship criticised prior subcultural research for having objectified/reified mainstream/subcultural boundaries and authenticities, echoing Gary Clarke’s remark that the sharp distinction between us and them “rests upon [subculturalists’] consideration of the rest of society as being straight, incorporated in a consensus, and willing to scream undividedly loud in any moral panic” (71). Instead, the mixtures of punk, mod, skinhead and/or hippy styles among club-goers signalled “entirely new ways of understanding how young people perceive the relationship between music taste and visual style…revealing the infinitely malleable and interchangeable nature of the latter as these are appropriated and realised by individuals as aspects of consumer choice” (Bennett, Subcultures 613). Reincorporating the Counter into Subculture Studies The postmodern focus on cultural fluidity, individuality, and consumption highlights to some extent the agency that individuals have to make choices about the cultures in which they participate. To be sure, the postmodern and post-subculture critiques of class-based subculture studies were quite influential in the development of more recent subcultural scholarship, though not necessarily as they were intended. Much of the theoretical rhetoric of post-subculture scholarship (over-)emphasised heterogeneity, contingency, and play, which drew attention away from the collective identities and practices that continue to characterise many subcultures and groups. Fortunately, other scholars over the last decade have been critical of that approach’s failure to deal with perennial concerns related to participation in alternative cultural groups, including consumption (Buckingham), voice (Bae and Ivashkevich), education (Tuck and Yang), and group affiliation (Pilkington), among others. We want to follow this trajectory by explicitly reiterating the continuing significance of the “counter” aspects of subcultures. Two trends in social theory are exemplary in this reiteration. The first trend is a growing interest in re-theorizing resistance to refer to “a contribution to progressive transformations and radical changes in social and cultural structures” (Johansson and Lalander) rather than to a set of styles and practices through which working-class youth impotently rage against the machine. Resistance is qualitatively different from rebellion, which is often framed in terms of unconscious or irrational behaviour (Raby); resistance is first and foremost intentional. Subcultures articulate resistance to mainstream/dominant culture and may be measured across several continua, including passive to active, micro to macro, covert to overt, individual to collective, and local to global (see Williams, Resistance; E. Hannerz). Participants in countercultures see themselves as being more critically aware of what is happening in the world than the average person, believe that they act on that critical awareness in their thoughts, words, and/or deeds, and electively detach themselves from “involuntary or unconscious commitments” (Leary 253) to mainstream culture, refusing to uncritically follow the rules. The concept of resistance thus gives some momentum to attempts to clarify the extent to which members of alternative cultures intentionally break with the mainstream. The links between resistance and counterculture are explicitly dealt with in recent scholarship on music subcultures. Graham St John’s work on electronic dance music culture (EDMC), for example, offers a complex analysis of resistant practices that he conceptualizes as countercultural. Participation in EDMC is seen as more than simple hedonism. Rather, EDMC provides the scripts necessary for individuals to pursue freedom from various forms of perceived oppression in everyday life. At a more macro level, Madigan Fichter’s study of counterculture in Romania similarly frames resistance and political dissent as key variables in the articulation of a counterculture. Some recent attempts at invoking counterculture seem less convincing. Noting that counterculture is a relatively “unpopular term in social scientific research,” Hjelm, Kahn-Harris, and LeVine nevertheless proceed to theorize heavy metal as countercultural by drawing on the culture’s “transgressive” (14) qualities and “antagonistic […] attempts to shock and provoke [as well as] those occasions when metal, by its very presence, is shocking” (15). Other studies have similarly articulated “countercultures” in terms of behaviours that transgress mainstream sensibilities (see for example, Arthur and Sherman; Kolind). It is debatable at best, however, whether hedonism, transgression, or provocation are sufficient qualities for counterculture without concomitant cultural imperatives for both resistance and social change. This leads into a brief comment on a second trend, which is the growing interconnectedness of social theories that attend to subcultures on the one hand and “new” social movements (NSMs) on the other. “Traditional” social movements, such as the civil rights and labour movements, have been typically organised by and for people excluded in some way from full rights to participate in society, for example the rights to political participation or basic economic protection. NSMs, however, often involve people who already enjoy full rights as members of society, but who reject political and economic processes that injure them or others, such as marginalised groups, animals, or the environment. Some movements are contentious in nature, such as the Occupy-movement, and thus quite clearly antagonistic toward mainstream political-economy. NSM theories (see Pichardo), however, also theorize the roles of culture and collective identity in supporting both opposition to dominant processes and strategies for alternative practices. Other NSMs foster lifestyles that, through the minutiae of everyday practice, promote a ground-up reaction to dominant political-economic practices (see Haenfler, Johnson, and Jones). Both contentious and lifestyle movements are relatively diffuse and as such align with traditional conceptualisations of both subculture and counterculture. NSM theory and subcultural theories are thus coming together in a moment where scholars are seeking distinctly cultural understandings of collective lifestyles of resistance and social change. Conclusion Recent attempts to rephrase subcultural theory have combined ideas of the Birmingham and Chicago Schools with more contemporary approaches such as social constructivism and new social movements theory. Together, they recognise a couple of things. First, culture is not the determining structure it was once theorised to be. The shift in understanding subcultural groups as rooted in ascribed characteristics—being naturally different due to class, ethnicity, age, or to location (Park; Cohen; Clarke et al.)—to one in which subcultures are intentional articulations created by people, highlights the agency of individuals and groups to create culture. The break with realist/objectivist notions of culture offers promising opportunities for understanding resistance and opposition more generally. Second, the “counter” continues to be relevant in the study of subcultures. Subcultural participation these days is characterised as much or more by non-normativity than by marginalisation. As such, subcultures represent intentional protests against something outside themselves. Of course, we do not mean to suggest this is always and everywhere the case. 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