This thesis is concerned with the doctrine of title by possession and the doctrine of relative title. Many property lawyers believe that these doctrines are elementary, important and interesting. But, while virtually everyone accepts that possession of land or chattels is a source of title and that titles are relative, the doctrines have long been a focus of debate. The nature of possession, the nature of the possessor's title, and the relationships between possession, relative title and ownership have been particularly contentious. Accordingly, this thesis seeks to provide sound answers to the following questions: (1) what, in this context, is possession? (2) What is the nature of the title that is acquired by taking possession of land or chattels? (3) Does English law recognise landownership and chattel-ownership?-and, if it does, is a person who acquires, by virtue of his or her possession, a title to land or chattels the (or an) owner of the land or chattels? It is argued in Chapter 2 that, for the purposes of the doctrine of title by possession, the general rule is that a person is in possession of land or chattels if and only if she has: (i) a sufficient degree of exclusive physical control; and (ii) an intention to possess. Chapters 3-5 are concerned with the second question. It is argued that, upon obtaining possession, a person acquires, in cases involving land, an estate in fee simple absolute in possession and, in cases involving chattels, a general property interest. Chapter 6 is concerned with the third question. It is argued that English law does recognise landownership and chattel-ownership; and that a person who acquires a title by obtaining possession of land or chattels owns the land or chattels if her title is supreme but not if it is inferior.

Conferindo-se a importância do Direito de Propriedade, bem como os novos anseios trazidos pelo Direito Urbanístico e pelo Direito Ambiental, de garantir à coletividade o princípio constitucional de uma sociedade mais justa, o presente estudo objetiva uma análise do direito de propriedade como um direito, não mais absoluto, mas sim, um direito que somente é garantido ao proprietário que faça sua propriedade cumprir sua função social e sua função ambiental, pois não se concebe mais uma propriedade que somente atenda aos interesses individuais. A propriedade privada urbana precisa ser benéfica a toda a coletividade. As razões que justificam o desenvolvimento deste trabalho são muito relevantes, não só por ser o direito de propriedade um direito real por excelência, mas sim por ser um direito com obrigações sociais e ambientais, pois a sociedade brasileira está sedenta por melhores condições estruturais para as áreas urbanizáveis. Objetiva-se uma avaliação do direito de propriedade e suas funções, do direito urbanístico e do Estatuto da Cidade, na construção de cidades ambientalmente sustentáveis e que primem pelo bem-estar social, fazendo com que a propriedade privada urbana cumpra sua função socioambiental no seio das cidades, para a promoção de suas funções social e ambiental, promovendo o desenvolvimento e organização do meio urbano com justiça social e equidade entre seus cidadãos, através do plano diretor, conforme prescreve o artigo 182 da Constituição Federal. / Submitted by Marcelo Teixeira (mvteixeira@ucs.br) on 2014-05-19T13:08:33Z No. of bitstreams: 1 Dissertacao Lilian Gewehr.pdf: 1115613 bytes, checksum: 8ccc79469a21e5183f958503ae2c6ac0 (MD5) / Made available in DSpace on 2014-05-19T13:08:33Z (GMT). No. of bitstreams: 1 Dissertacao Lilian Gewehr.pdf: 1115613 bytes, checksum: 8ccc79469a21e5183f958503ae2c6ac0 (MD5) / Conferring the importance of the right to property, as well as new concerns brought by Urban Law and Environmental Law, ensuring to collectivity the constitutional principle of a fairer society, the present study aims an analysis of the right to property as a right, no more absolute, but yes, a right which is only guaranteed to homeowners who make their property fulfill its social and environmental function, because it doesn’t conceives a property that only meets the individual interests. Urban private property must be beneficial to the whole collectivity. The reasons justifying the development of this work are very relevant, not only for the right of ownership that became a real law par excellence, but rather for being a right with environmental and social obligations, because the brazilian society is thirsty for best structural conditions for the urban areas. Objective an evaluation of property rights and its functions, urban law and the City’s Statute, in the construction of environmentally sustainable cities that excel by their social well-being, making the urban private property honor its environmental function within cities, for the promotion of their social and environmental functions, promoting the development and organization of the urban environment with social justice and equity among its citizens, through the master plan, as prescribed in article 182 of the Federal Constitution.

Conferindo-se a importância do Direito de Propriedade, bem como os novos anseios trazidos pelo Direito Urbanístico e pelo Direito Ambiental, de garantir à coletividade o princípio constitucional de uma sociedade mais justa, o presente estudo objetiva uma análise do direito de propriedade como um direito, não mais absoluto, mas sim, um direito que somente é garantido ao proprietário que faça sua propriedade cumprir sua função social e sua função ambiental, pois não se concebe mais uma propriedade que somente atenda aos interesses individuais. A propriedade privada urbana precisa ser benéfica a toda a coletividade. As razões que justificam o desenvolvimento deste trabalho são muito relevantes, não só por ser o direito de propriedade um direito real por excelência, mas sim por ser um direito com obrigações sociais e ambientais, pois a sociedade brasileira está sedenta por melhores condições estruturais para as áreas urbanizáveis. Objetiva-se uma avaliação do direito de propriedade e suas funções, do direito urbanístico e do Estatuto da Cidade, na construção de cidades ambientalmente sustentáveis e que primem pelo bem-estar social, fazendo com que a propriedade privada urbana cumpra sua função socioambiental no seio das cidades, para a promoção de suas funções social e ambiental, promovendo o desenvolvimento e organização do meio urbano com justiça social e equidade entre seus cidadãos, através do plano diretor, conforme prescreve o artigo 182 da Constituição Federal. / Conferring the importance of the right to property, as well as new concerns brought by Urban Law and Environmental Law, ensuring to collectivity the constitutional principle of a fairer society, the present study aims an analysis of the right to property as a right, no more absolute, but yes, a right which is only guaranteed to homeowners who make their property fulfill its social and environmental function, because it doesn’t conceives a property that only meets the individual interests. Urban private property must be beneficial to the whole collectivity. The reasons justifying the development of this work are very relevant, not only for the right of ownership that became a real law par excellence, but rather for being a right with environmental and social obligations, because the brazilian society is thirsty for best structural conditions for the urban areas. Objective an evaluation of property rights and its functions, urban law and the City’s Statute, in the construction of environmentally sustainable cities that excel by their social well-being, making the urban private property honor its environmental function within cities, for the promotion of their social and environmental functions, promoting the development and organization of the urban environment with social justice and equity among its citizens, through the master plan, as prescribed in article 182 of the Federal Constitution.

The purpose of this study was to discover a more effective method of administering and securing property rights for land that is currently under the customary land system, in order to encourage investment and improve the livelihood of the rural communities. This study was restricted to rural land property rights through an exploratory analysis based on nine interviews with experts who have an in-depth understanding of the relationship between secure property rights and the distribution and use of resources in rural communities. The results confirmed the need for formal property rights to be instituted in rural communities. The findings showed that a hybrid method that is not only designed to try and identify a single process for all areas but also recognise the diversity in suitability and competencies of different areas would be suitable for administering and securing property rights. The method should yield stronger potential for success in nurturing communal lands towards more productive economic endeavour. The findings suggest that there are layers of overlapping concerns that need to be specifically addressed in order to attain a comprehensive solution to communal land ownership and economic development. However, to implement procedures for allocation of land, government will need to play an instrumental role in not only shaping investment attracting policy structures but also directly injecting capital towards programs that private capital tends to avoid. / Dissertation (MBA)--University of Pretoria, 2014. / zkgibs2015 / Gordon Institute of Business Science (GIBS) / Unrestricted

Magister Legum - LLM / The right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human and Peoples’ Rights as well as the Maputo Protocol. The right to property is further guaranteed under various Constitutions. However, despite the guarantee to the right to property, many women in Africa are deprived of their property rights.

No description available.

This dissertation is a study of the development of property rights in the coal industry as defined by Federal legislation. Previous analyses have argued that property rights develop efficiently and have employed a neoclassical model to study this development in the political market. This study asserts that the neoclassical model is inappropriate for analyzing the political market. This study concentrates on the coal industry, analyzing the historical events surrounding development of the property rights structure. A price theoretic approach is employed to determine whether changes in the property rights structure results in greater efficiency for the coal industry. The evidence provided in the study does not support use of the neoclassical model. The model is too constrained and does not allow the inclusion of nonmarket factors in the analysis. / Ph. D.

Current economic theory describing the behavior and performance of agricultural cooperatives is not capable of addressing many of the crucial issues facing these institutions in today’s environment of declining government involvement in price and income support of U.S. agriculture. This dissertation seeks to incorporate those factors which uniquely define a cooperative as different from other forms of organizing business activity into a model of cooperative investment behavior. In this study, the set of property rights governing ownership and control of cooperatives is identified and formally built into a neoclassical model of firm investment. The property rights approach is used to establish the core of a theory of cooperatives. This theory is used to construct a set of hypotheses about cooperative behavior, particularly with respect to investment behavior and the relative competitive position of cooperatives and competing forms of business organization. The approach lends insight into the economic incentives for forming cooperatives and the reasons why cooperative corporation ownership and control structures are unique from those observed in investor owned corporations. The resulting analysis indicates four key issues impacting the cooperative institution’s ability to compete with investor owned firms in the agribusiness sector of the economy. These issues are (1) the decision control problem, (2) the common property problem, (3) the investment portfolio problem, and (4) the residual horizon problem. These conditions, if active, will act so as to restrain cooperatives from investing at the same rate and scope as investor owned firms. Policy makers interested in promoting the role of cooperatives as an organizational form to assist and protect the interests of entrepreneurs such as farmers and at the same time provide an orderly and efficient flow of goods and services to consumers, need to understand the precise conditions of competitive environment, economic sector type, and investment requirements in which cooperatives will be able to fulfill these dual roles and those in which they cannot. Empirical research into these areas will require both case study and traditional quantitative approaches which permit in depth analysis of the hypotheses generated by this study which seek to explain and predict cooperative business organization behavior. / Ph. D.

by Wong Yiu Fai Peter. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1994. / Includes bibliographical references (leave 91). / ABSTRACT / TABLE OF CONTENTS / LIST OF ILLUSTRATIONS / LIST OF TABLES / CHAPTER Page(s) / Chapter I. --- INTRODUCTION --- p.1-3 / Chapter II. --- THE THEORY OF PROPERTY RIGHTS --- p.4-8 / Chapter 1. --- Value of Good --- p.4 / Chapter 2. --- Nature of Property Rights --- p.4-5 / Chapter 3. --- Externalities and Property Rights --- p.5-6 / Chapter 4. --- The Exchange of Property Rights and Internalization --- p.6-7 / Chapter 5. --- The Development of Property Rights --- p.7-8 / Chapter III. --- the changing pattern of real property rights in china --- p.9-24 / Chapter 1. --- Historical Background --- p.9-14 / Chapter 2. --- The Propelling Forces For the Changein the System of Real Property Rights --- p.14-20 / Chapter i. --- Political Forces --- p.14-15 / Chapter ii. --- Economic Forces --- p.15-19 / Chapter iii. --- To Attract Foreign Investment --- p.19-20 / Chapter 3. --- Theoretical Justification and Concepts --- p.20-24 / Chapter i. --- Land Ownership --- p.20-21 / Chapter ii. --- Property Ownership --- p.21 / Chapter iii. --- Land Use Rights --- p.21-22 / Chapter iv. --- Theoretical Justification --- p.22-24 / Chapter IV --- LEGAL FRAMEWORK --- p.25-42 / Chapter 1. --- Enactment of new legislation to accommodate the change in real property rights --- p.25-27 / Chapter 2. --- Grant of Land Use Rights --- p.27-32 / Chapter 3. --- Transfer of Land Use Rights --- p.32-34 / Chapter 4. --- Lease of Land Use Rights --- p.34-35 / Chapter 5. --- Mortgage of Land Use Rights --- p.35-37 / Chapter 6. --- Termination of Land Use Rights --- p.37-38 / Chapter 7. --- Registration and Certificate of Rights --- p.38-40 / Chapter 8. --- Land Use Rights in Allotted Land --- p.40-42 / Chapter V --- DISPUTE RESOLUTION - LITIGATION AND ARBITRATION --- p.43-45 / Chapter 1. --- Litigation --- p.43-44 / Chapter i. --- Courts --- p.43 / Chapter ii. --- Judges --- p.43-44 / Chapter iii. --- Time and Costs --- p.44 / Chapter 2. --- Arbitration --- p.44-46 / Chapter i. --- International Aspect --- p.44-45 / Chapter ii. --- Time and Costs --- p.45-46 / Chapter 3. --- Dispute resolution and theory of property rights --- p.46 / Chapter VI --- PROBLEMS OF THE NEW LEGAL SYSTEM --- p.47-54 / Chapter 1. --- Complexity --- p.47-51 / Chapter i. --- "Various sources of laws, regulations and practices" --- p.47-48 / Chapter ii. --- Localism --- p.49 / Chapter iii. --- Great discretion of officials --- p.49-50 / Chapter iv. --- The myth of lawless China --- p.50-51 / Chapter 2. --- Immaturity --- p.51-53 / Chapter i. --- Immature Concepts --- p.51-52 / Chapter ii. --- Immature Systems --- p.52-53 / Chapter 3. --- Loopholes in the legal system --- p.53-54 / Chapter VII. --- conclusion --- p.55 / APPENDICES / Chapter 1. --- Table / Chapter 2. --- Sample Land Certificate / Chapter 3. --- An Extract of the relevant laws and regulations / Chapter 4. --- A Scale of Court Costs and Charge / Chapter 5. --- china International Economic and Trade Arbitration Commission Arbitration Rules / footnotes / bibliography

by Yao Fang. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1993. / Includes bibliographical references (leaves 51-55). / ABSTRACT --- p.3 / CHAPTERS / Chapter I. --- INTRODUCTION --- p.4 / Chapter II. --- CHINA'S STATE ENTERPRISES AND THEIR MANAGEMENT --- p.8 / Chapter 2.1. --- The operation of the state enterprise system --- p.8 / Chapter 2.2. --- Agent problems in the management of state enterprises --- p.10 / Chapter 2.2.1 --- Managers as agents of the government --- p.11 / Chapter 2.3. --- Soft budget constraints --- p.13 / Chapter 2.3.1. --- Implication --- p.14 / Chapter III. --- PROPERTY RIGHTS AND THE ORIGIN OF THE INEFFICIENCY --- p.17 / Chapter 3.1. --- Enterprises and government apparatus --- p.17 / Chapter 3.2. --- Specification of property rights --- p.19 / Chapter 3.3. --- Institutional arrangement --- p.21 / Chapter IV. --- A REVIEW ON PRC'S ENTERPRISE REFORM --- p.24 / Chapter 4.1. --- The reconstruction of labour ownership --- p.24 / Chapter 4.2. --- The manager reform --- p.26 / Chapter 4.3. --- Some outcomes of the delegation --- p.27 / Chapter V. --- SHARE SYSTEM : A PROSPECT FUTURE --- p.29 / Chapter 5.1. --- To liberalize the economic foundation --- p.29 / Chapter 5.2. --- Share ownership system --- p.30 / Chapter 5.2.1. --- Purposes of share system reform --- p.31 / Chapter 5.2.2. --- Important factors in the application --- p.33 / Chapter 5.2.3. --- Some steps of share system reform --- p.34 / Chapter VI. --- CASE STUDY : SHANGHAI FEILO COMPANY LIMITED --- p.38 / Chapter 6.1. --- Introduction --- p.38 / Chapter 6.2. --- The process of transforming the share system --- p.40 / Chapter 6.3. --- Financial outcomes of the company --- p.43 / Chapter 6.4. --- Problems of the new system --- p.43 / Chapter VII. --- CONCLUSION --- p.46 / BIBLIOGRAPHY --- p.51