Acquisitive prescription This Master's degree thesis deals with the topic of acquiring the right of ownership by prescription (usucaption). Its aim is to describe the form of the institute in Czech law and to put it into a broader framework. Acquisitive prescription is a means of original acquisition of ownership rights to things. It solves the problem, when possessor does not own the object of the possession. The ownership to the thing is acquired under these conditions: good faith of the possessor, just title, possession for required time. The thesis is composed to five chapters. The introduction summarizes the aims of the study and explains the concept and the structure of the thesis. Chapter One is introductory and defines basic terminology used in the thesis. It describes the concept of things and rights in rem in Czech private law. Then it explains the theory of possession, such as its fundamentals, its meaning and protection provided to the possessor. After that it focuses on definition of ownership and methods of acquiring the right of ownership. This chapter concludes with a short explanation of what is acquisitive prescription and what is its significance. Chapter two focuses on the history of this institute. It highlights the most important aspects of acquisitive prescription in ancient...

Através do recuo historiográfico, este trabalho buscou recolocar a relação entre missionários, cientistas e viajantes de cultura ocidental com as etnias indígenas e comunidades mestiças em termos dialógicos, isto é, partimos da hipótese que, na historiografia da representação gramatical que o europeu construiu sobre a língua indígena, seja possível surpreender a negociação de sentidos entre esses dois mundos. O objeto material constitui-se, principalmente, das gramáticas de línguas Tupi elaboradas entre os séculos XVI e XIX, nomeadamente: Anchieta 1595, Figueira 1621, Anônimo séc. XVIII, Faria 1858, Sympson 1877, Hartt 1938 [1872], Couto de Magalhães 1975 [1876] Luccock 1880 e Stradelli 1929. Como objeto formal, definimos a historiografia da descrição dos sistemas que seus autores classificaram, em seus modelos metalingüísticos, como de posse. Com efeito, a codificação metalingüística deste conceito parece ser um lugar de observação adequado visto que constituía em um aspecto cultural divergente entre tradições ocidental e indígena. / Through the historiographic approach, this work aimed to put the relationship between missionaries, scientists and travelers of the western tradition and the Indians populations in dialogical terms. Looking the historiographical grammatical representation elaborated by the European about the Indian language, we assumed that it´s possible to see the negotiation of senses between these two worlds. Our material was formed, basically, by the Tupi grammars elaborated between centuries XVI XIX. They are: Anchieta 1595, Figueira 1621, Anônimo séc. XVIII, Faria 1858, Sympson 1877, Hartt 1938 [1872], Couto de Magalhães 1975 [1876] Luccock 1880 and Stradelli 1929. As a formal object, we took the historiography of the terms classified by the authors, in their metalinguistic method, as possessive. The metalinguistic system about this conception seems to be an adequate place of observation inas much as it was a divergent cultural aspect between the western and Indian traditions.

This paper adopts a psychoanalytical approach to Toni Morrison’s Beloved by focusing on the significance of 124 Bluestone Road and the entity Beloved, as both a character and a source of displacement for the other characters as a result of the traumatic events that plagued them throughout the novel. In order to accomplish this, a close reading of passages dealing with this location’s haunting and the manifestation of Beloved as the flesh and blood spirit will be used to discuss the meaning behind the metaphor. Furthermore, certain psychological and literary terms will be utilized in the course of this analysis including: personification, repression, possession, metaphor, displacement and the uncanny in order to attempt to answer the question about how the author used these devices to narrate the trauma of the characters Sethe, Denver and Paul D, giving merit to their symbolic struggle with the trauma of their past and its negative impact on their identities.

This thesis examines the establishment of servitudes by positive prescription in Scots law, with particular reference to the doctrine’s conceptual development and the nature of possession required under section 3 of the Prescription and Limitation (Scotland) Act 1973. The thesis is divided into three main parts. The first provides a historical account of the law of positive prescription as applied to servitudes from the 17th century to the 20th century, culminating in its statutory expression in section 3(1) and (2) of the 1973 Act. The second considers what the 1973 Act means when it says that a servitude must be “possessed” for the prescriptive period. While jurists in Scotland have traditionally thought that a right cannot be possessed as such, since it lacks a physical corpus, they have tended to view the apparent exercise of a right as equivalent to the detention of a corporeal object and concluded that servitudes can be “possessed” (or “quasi-possessed”) by analogy. An alternative approach is to say that, while possession denotes a comprehensive factual control of an object for one’s own benefit, certain lesser degrees of factual control are also protected by the law. On this view, the (apparent) exercise of a servitude constitutes a limited “possession” of the land itself and is protected accordingly. Part two argues that this alternative approach is the more coherent and provides helpful analytical tools for understanding what is really going on when a servitude is “possessed” for the purposes of prescription. The third part of the thesis consists of a detailed analysis of the nature of the possession required to establish a servitude by positive prescription. In particular, possession “as if of right” is shown to consist of two “steps”: firstly, the prescriptive claimant must show sufficient possession to indicate that a servitude is being asserted; and, secondly, the possession must not be “by right”, i.e. referable to another right already held by the claimant. After this, the statutory requirements of openness and peaceableness are considered in detail.

This thesis contributes to the debate on the link between a transitive verb corresponding to 'need' and the verb of possession in the world’s languages. Specifically, I analyze data mainly from Ewe and three Ghana-Togo Mountain (GTM) languages; Likpe, Tafi, and Logba. First, I report that Ewe expresses predicative possession using a wide range of structures. Prominent among these structures is an intransitive locative construction in which the possessee c-commands the possessor. This characterization situates Ewe in the B-languages group of the have/be dichotomy. Second, I demonstrate, drawing on compelling pieces of evidence from object shift in nominalization, object shift in inceptive aspectual constructions, object extraction in wh-movement, and the nominative-accusative paradigm, that Ewe has a transitive verb 'hiã' corresponding to 'need'. These facts pose a challenge to Harves and Kayne’s (2012) claim that all languages that have a transitive verb corresponding to need are languages that have an accusative-Case-assigning verb of possession. Third, I have shown that predicative possessees are not licensed in like manner as transitive objects, contra Halpert and Diercks’ (2012) prediction that all languages that have a transitive verb corresponding to 'need' are languages in which predicative possessees are licensed in the same manner as transitive objects. Fourth, I show that data from the three GTM languages also pose a challenge to the predictions in Harves & Kayne (2012) and Halpert & Diercks (2016). Finally, I suggest that the presence or absence of a transitive verb corresponding to 'need' is not necessarily contingent on a transitive verb of possession, and therefore, the optionality of a transitive 'need' in H-languages should be extended to B-languages.

Thèse de doctorat : Droit privé : Strasbourg 3 : 2008. / Titre provenant de l'écran-titre. Bibliogr. p. 399-426. Index.

Thesis (M.Mus.)-University of KwaZulu-Natal, Durban, 2009. / Full text also available online. Scroll down for electronic link.

Lyric Possession: A Dramatization of Italian Tarantism in Song is a one-act creative project informed by research exploring the formation and evolution of Mediterranean musical, religious, and cultural identity through the practice of the tarantella. The tarantella is a musical form woven into the very fabric of the Mediterranean cultural landscape, in song, dance and folkloric history. The transformation of scholarly perspectives into dramatic format, recalling traditional Italian folk drama, illuminates the history and cultural relevance of the tarantella through the lives and songs of its practitioners. In the Salentine peninsula where magic and religion collide, the ritualistic healing practice of the tarantella has served as a musical mechanism for dealing with reactions to socio-cultural issues such as repression of sexual identity, disenfranchisement, poverty and powerlessness experienced by Southern Italian women for centuries. Believed to have been a reaction to the venom of the indigenous Italian tarantula or wolf spider, peasant women in the Salentine peninsula exhibited poisoning-like symptoms and possession by spider spirits cured only through the performance of the tarantella and through the intercession of St. Paul, the patron saint of those who perform the tarantella, the tarantists. The purpose of this study is twofold. First, to examine the musical manifestations of the Tarantella as informed by its folkloric history, particularly in consideration of gender marginalization and female power. Second, to create a musical drama that portrays the music of the tarantella in a dramatic context that will reflect its folkloric history, scholarship by the anthropological, ethnomusicological and psychological communities in the form of the ritual itself. The project proposes that the complex, multifaceted history of the tarantella may best be captured and expressed through practice via a recreation of the ritual in the form of a musical drama.

This thesis began as an investigation of the effect of adverse possession upon the land market where the adverse possession extends only to a small portion of the abutting parcel and the subject land is under a title registration scheme. The consequence of such adverse possession on part only of a parcel is that the location of the boundary demarcating the limits of the respective domains of two adjoining land parcels may be displaced. / If part parcel adverse possession effectively transfers ownership of a small portion of an abutting parcel, the boundaries are shifted consequent to long term occupation, and will prevail over the strict technical legal boundary. In a registered title land system the occupational boundary then prevails over the legal boundary as certified in the register notwithstanding that registered title schemes purport to confer conclusiveness upon register entries. Alternatively, the registered proprietor’s estate is not paramount where any part of the proprietor's parcel has been adversely occupied. Consequently the occupier has an interest in the proprietor's land that is not disclosed in the register. Inspection of the register and reliance upon the inspection is insufficient to ascertain the complete legal status of the particular land holding. Inspection with consequent reliance upon the register is the major function of a registered title scheme. Alternatively, if part parcel adverse possession is ineffective to transfer ownership of registered land, the technical legal boundary prevails over the occupational boundary despite the fact that it is not the boundary accepted by the parties involved as governing. / Both alternatives present a problem to the orderly conduct of the land market. Where occupations prevail, the prudent market participant takes precautions besides relying on inspection of the register. Where the legal boundary prevails, the participant seeks confirmation that the occupational and legal boundaries coincide. / Another alternative utilised in some registered title jurisdictions empowers a court to transfer small sections to an adjoining landholder where a building or similar improvement is erected so that it encroaches upon the adjacent holding. This alternative was included within the ambit of the thesis as it developed. / The aim of this research was the formulation of the best solution suitable for a registered land system with particular reference towards a uniform solution suitable for adoption in all Australian jurisdictions. The existing systems utilising adverse possession and statutory encroachment were evaluated against three recent law cases that illustrate the workings of these systems including perceived shortcomings. These lawsuits serve as a test against which the existing systems are compared and evaluated and were also used to evaluate the proposed solution. The results suggest that adverse possession alone should not override the purpose of the register which is to fully disclose the proprietary interests in land parcels. It was concluded that a necessary step in acquiring title to land through adverse possession involves the registration of the interest acquired. Whereas the present modes of dealing with the boundary problem are adequate, it is concluded that the best mode is that of statutory encroachment because it best serves several competing interests. Adopting the proposed solution would involve change and compromise in some of the Australian jurisdictions; these being necessary to adopt a uniform scheme throughout Australia. The proposed solution has added benefits of removing an illogicality from some of the present systems, eliminating encouragement for an off-register land market, and fosters an accurate public land register.

Thesis (Ph. D.)--University of Aberdeen, 1985. / "April 1985." Includes bibliographical references (p. 308-323).