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Dagmar Coester-Waltjen, Volker Lipp, Donovan W.M. Waters - Liber Amicorum Makoto Arai

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Dagmar Coester-Waltjen (ed.), Volker Lipp (ed.), Donovan W.M. Waters (ed.)

Liber Amicorum Makoto Arai

2015

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Donovan Waters The Trust in the International Scene S. 705-723

„… approach to the ownership of things, and the common law’s concerns with rights in things. The trust was a …” „… liabilities – being in one person. The common law knew nothing of ownership in this sense. The noble’s world …” „… wealth disposition by testamentary or inter vivos act. The structuring of the civil law and the common …”

Sung-Po An Overview of the Reception and Implementation of the Trust in Korea S. 661-680

„… and financial laws, Korea has always kept an interest in the common law jurisdictions. With the law of …” „… community affairs in common law jurisdictions have been conducted by way of trust which is a flexible …” „… promulgated in 1922, the common law principles of English law were the primary reference. Thus, when Korea …”

Lusina Ho Unleashing the Potential of Trust Law for the Elderly: the Hong Kong Challenge S. 363-374

„… ownership interest in the trust fund. They are therefore not liable for tax payable on such ownership; nor …” „… settlor and intended beneficiaries from ownership rights over the assets, tax liability can be …” „… beneficiary as and when necessary. Since the common law trust is enforced solely by the beneficiaries of the …”

Chih-Cheng Wang Convergence or Divergence: A Comparative Study on Trustee’s Fiduciary Duties among Japan, Taiwan and the United States S. 681-704

„… the common law rule against self-dealing,15 and Article 35, paragraph 1, of the Trust Law has also set …” „… 35 of Taiwan’s Trust Law resembles the common law rule against self-dealing, and Article 35 …” „… the properties of the various separate trust shares as a common fund, in order to reduce the …”

doi.org/10.5771/9783845262017

Kerstin von der Decken, Angelika Günzel - Staat – Religion – Recht

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Kerstin von der Decken (ed.), Angelika Günzel (ed.)

Staat – Religion – Recht

2020

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Arndt Faatz Equity and Trusts. A Potent Complement also to Civil Law? S. 1097-1112

„… abundance without alternating it with “common law”. This is because these terms are not interchangeable. In …” „… its original and wide sense, “common law” referred to the general rules which would apply across the …” „… the Chancery Courts or the Courts of Equity. “common law“ would hence acquire a dual connotation: (i …”

doi.org/10.5771/9783748909873

Markus G. Puder - Das Zivilgesetzbuch von Louisiana

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Markus G. Puder

Das Zivilgesetzbuch von Louisiana

2017

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Book II. Things and the different modifications of ownership / Zweites Buch. Sachen und die verschiedenen Abwandlungen des Eigentums S. 123-223

„… BOOK II. THINGS AND THE DIFFERENT MODIFICATIONS OF OWNERSHIP ZWEITES BUCH. SACHEN UND DIE …” „… into common, public, and private; corporeals and incorporeals; and movables and immovables. Art. 448 …” „… ; körperliche und unkörperliche Sachen; und bewegliche und unbewegliche Sachen. Art. 449. Common things Common …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Südafrika gewinnen, wo gemeines Recht holländischer Prägung (Romeins-Hollandse reg) und englisches Common …” „… an die Georgetown Universität in Washington D.C., wo mein Schwerpunkt auf den Studien zum Common Law …” „… , Rechtskonzepte und Rechtsinstitute des Civil Law in das Sprachgewand des Common Law kleidet, als auch in Bezug …”

Book III. Of the different modes of acquiring the ownership of things / Drittes Buch. Von den verschiedenen Arten, das Eigentum an Sachen zu erwerben S. 224-738

„… BOOK III. OF THE DIFFERENT MODES OF ACQUIRING THE OWNERSHIP OF THINGS DRITTES BUCH. VON DEN …” „… . Allgemeine Verfügungen Art. 870. Modes of acquiring ownership A. The ownership of things or property is …” „… as provided in Article 1493. Chapter 2. Zweites Kapitel. Book III. Modes of acquiring Ownership …”

Index S. 753-770

„… , 3526 Eigenhändiges Testament Olographic testament 1574, 1575 Eigentum Ownership 468, 474; 476-482; 483 …” „… , 455, 456, 457, 458; 499; 665 Gemeinsamer Vorgänger Common author 532; 793 Genehmigung Ratification …” „… Sache Common thing 448, 449, 452 Immaterieller Verlust Nonpecuniary loss 1998 Inseln Islands 503, 505 …”

doi.org/10.5771/9783845280530

Mathias Schmoeckel - Übertragung von Immobilienrechten im internationalen Vergleich

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Mathias Schmoeckel (ed.)

Übertragung von Immobilienrechten im internationalen Vergleich

Series: Schriften zum Notarrecht

Volume 52 2018

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Peter Sparkes and English Land Law after Brexit S. 265-282

„… European systems and suggests that it was impossible for a single land law to emerge from the common law …” „… a mixed civilian system and Northern Ireland which has a common law system. 7 Sparkes, [1.29 …” „… common law than it is to travel in the reverse direction, partly because English law is more obscure in …”

Mark Jordan Irish Land Law and the scope for EU Harmonisation post-BR-Exit S. 67-86

„… law, is also (whether they like it or not) a student of Irish history. Ireland is a common law …” „… jurisdiction, with a common law property system which has more in ‘common’ with the system prevailing in …” „… a historical artefact, having been subsumed by the English common law in the 17th century after an …”

Kenneth G. C. Reid Transfer of Immovable Property in Scotland S. 209-242

„… common law of England on the other. For that reason comparatists classify Scotland as a mixed legal …” „… and Quebec, which have oscillated between the worlds of the civil and the common law.4 As in the …” „… content but takes on some of the shape of the common law in respect of its practical workings. So far as …”

Laurent Pfister The Transfer of Real Property in French Legal History: Between the Consensualist Principle and Formalities S. 157-192

„… merely by the common consent of the parties. This gives ownership to the creditor (…)“. The second one …” „… 2 Proposal for a Common European Sales Law, n°27. However, certain authors underlined, sometimes …” „… transfer was by tradition4. Neither gifting nor sale was considered as truly transferring ownership: they …”

Dirk Heirbaut The transfer of real property in Belgium in the context of European harmonisation S. 49-66

„… ownership of goods, in: Vincent Sagaert/Matthias Storme/Evelyn Terryn (ed.), The Draft Common Frame of …” „… , Acquisition of ownership, p. 349-355. 58 Draft common frame of reference, VIII.2.101 and 103. 59 Steven …” „… the case of a sale, which is the most common situation leading to a transfer of ownership. The first …”

Heikki Pihlajamäki Land Registers and Conveyancing in Finnish Legal History S. 193-208

„… , whereas forests, meadows, and fishing waters were common property of communes, parishes, and provinces …” „… grazing were private property of the Sami people.2 In literature, this kind of a „perfect“ ownership to …” „… land was „odal“ ownership. Land held in odal ownership is, then, odal land and the peasant owner was …”

Priit Kama Estonian Law of Immovables in Baltic Context S. 87-92

„… cultural and legal integration in the area than could be assumed. The historical common ground of the …” „… constitutional principle of legal continuity and decided as much as possible to restitute land ownership …” „… that were preserved for the most part. These common origins did not produce a common solution …”

Jennifer Anderson, Helge Dedek Landholding and Conveyancing in the Canadian Province of Ontario S. 11-48

„… fully common law jurisdiction, although the law of property, similarly to other areas of the law, has …” „… necessitated by the fact that there is no general federal common law or statutory law governing real estate …” „… a common law landholding system while also focusing on the role of legal professionals involved in …”

Mathias Schmoeckel Summary: Conference on Real Property S. 283-286

„… transfer of land ownership, we have seen the glory and the misery of Europe. On the whole, we can admire …” „… easier for foreigners to access the land market or to realize at least some common legal standards: 1 …” „… value of basic common standards, whereas basic common structures could help to acquire land safely in …”

Vincent Nossek Transfer of Real Property Rights in Germany S. 113-132

„… the general rule that the acquisition in the case of a transfer of ownership or in the case of an …” „… otherwise provided by law.”5 In the case of a transfer of ownership, Art. 925 specifies that the aforesaid …” „… and mortgage market, as well as the protection of the land ownership.11 Other legal concepts, such as …”

Arzu Oğuz Transfer of Property in Turkish Law S. 133-156

„… of offer and acceptance. Contracts are the most common mean of derivative acquisition. The contract …” „… (taksim) is the partition of shares in joint ownership and allocating each of them. There are two aspects …” „… subject matter of joint ownership is jointly owned. Supposing that an item is jointly owned by two …”

doi.org/10.5771/9783845289410

Zoran Pokrovac - Rechtsprechung in Osteuropa

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Zoran Pokrovac (ed.)

Rechtsprechung in Osteuropa

Series: Studien zur europäischen Rechtsgeschichte

Volume 275 2012

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D. Prislin-Krbavski Administrative and judicial practice of the peasant communal joint-family in Croatia of the late 19th century S. 377-454

„… common law. It was opposed to the joint ownership with undefined shares and tried to apply the GCC to all …” „… , because this ownership is indivisible, inalienable and common unless otherwise prescribed. It further …” „… . Essential Characteristics of a communal joint-family and the community common law. Communal joint-family and …”

R. Ghidau The regulation and legal practice of the institution of the family before and after the publication of the Romanian Civil Code S. 113-172

„… gifts. Common goods became the husband’s goods. The most severe sanction applied to an adulterous woman …” „… title in documents drafted in the Slavonic language. A common feature of all three documents, as well as …” „… the dowry was well-documented, since a dowry represented a method of gaining the right of ownership …”

A. Rudokvas "Labour-ownership" contra abstraktes Eigentum S. 455-0

„… »Labour-ownership«contra abstraktes Eigentum: acquisitive prescription in the legal consciousness …” „… the suit of an owner, but it didn’t serve as a way of acquiring the right of ownership; the reference …” „… the possessor ad usucapionem of the right of ownership appropriated by prescription. Therefore, the …”

A.S. Kartsov Transplants in the Cassation Senate´s practice S. 233-266

„… toloka (1882, No 104; 1886, No 79; 1909, No 19) meaning the right of common origin, that is the mutual …” „… feeding of cattle by peasants and landowners on adjoining fields of common crop rotation. The Senate also …” „… way did the cassation practice make the statements that were included in the Common parts of civil …”

doi.org/10.5771/9783465141686

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