Personal Servitudes
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Personal Servitudes
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Author : Athanassios N. Yiannopoulos
language : en
Publisher:
Release Date : 1989
Personal Servitudes written by Athanassios N. Yiannopoulos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Civil law categories.
Personal Servitudes
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Author : A. N. Yiannopoulos
language : en
Publisher:
Release Date : 2000
Personal Servitudes written by A. N. Yiannopoulos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Usufruct categories.
Personal Property Servitudes
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Author : Glen O. Robinson
language : en
Publisher:
Release Date : 2006
Personal Property Servitudes written by Glen O. Robinson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
This article explores the lawfulness of servitudes on personal property in both common law and intellectual property regimes. The common law has from ancient times recognized the general right of owners of real property to burden land with restrictions on use - restrictions that "run with the land" - subject to various conditions and limitations. It has been more ambivalent about similar restrictions on personal property. Why? That was a question broached seventy-five years ago by Zechariah Chafee, though he never fully answered it. Today, the question has acquired a new importance because of the pervasive use of computer software licensing restrictions that, for all practical purposes, can be regarded as a form of property servitude. Software licensing restrictions implicate specialized rules of intellectual property, such as the first sale doctrine. However, those rules are basically derived from common law policies (most notably policies against restraints on alienation and restraints of trade) so the question about the legality of such restrictions is essentially no different for intellectual property than for common law property. In all events this article argues that the traditional hostility to use and resale restraints on personal property is misguided in both the common law and intellectual property contexts. While there may be legitimate reasons for limiting an owner's right to impose post-transfer restrictions on use and resale, those reasons are more exceptional than has been commonly assumed. Moreover, in the new digital world where servitude-type restrictions can be engineered into the architecture of the property right itself public policy restrictions on contractual "servitudes" may prove to be ineffectual, raising a new reason to take a fresh look at old conceptions of personal property servitudes.
Introduction To The Law Of South Africa
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Author : C. G. Van der Merwe
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Introduction To The Law Of South Africa written by C. G. Van der Merwe and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
Louisiana Civil Law Treatise
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Author : Athanassios N. Yiannopoulos
language : en
Publisher:
Release Date : 1968
Louisiana Civil Law Treatise written by Athanassios N. Yiannopoulos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with categories.
International Servitudes In Law And Practice
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Author : Helen Dwight Reid
language : en
Publisher:
Release Date : 1932
International Servitudes In Law And Practice written by Helen Dwight Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1932 with International law categories.
The Implications Of The Use Of Personal Servitudes As Estate Planning Instruments
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Author : Denél Marneweck
language : en
Publisher:
Release Date : 2016
The Implications Of The Use Of Personal Servitudes As Estate Planning Instruments written by Denél Marneweck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Estate planning -- Personal servitudes -- Registration -- Normal income tax -- Donations tax -- Estate duty -- Transfer duty -- Capital gains tax.
Lectures On Jurisprudence
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Author : John Austin
language : en
Publisher:
Release Date : 1873
Lectures On Jurisprudence written by John Austin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1873 with Jurisprudence categories.
Lectures On Jurisprudence
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Author : robert campbell
language : en
Publisher:
Release Date : 1885
Lectures On Jurisprudence written by robert campbell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with categories.
Cadastre Principles And Practice
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Author : Roger Fisher & Jennifer Whittal
language : en
Publisher: authors with the assistance of SAGI (https://www.sagi.co.za/product/cadastre-principles-and-practice/)
Release Date : 2020-02-25
Cadastre Principles And Practice written by Roger Fisher & Jennifer Whittal and has been published by authors with the assistance of SAGI (https://www.sagi.co.za/product/cadastre-principles-and-practice/) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-25 with Technology & Engineering categories.
Keywords: history, surveying, land tenure, land rights, cadastre, cadastral, professionalism, law, land administration, land policy, land boundaries, river, bank, high water mark, high-water mark, estuary, ICMA, mineral rights, international law, maritime zone, marine spatial planning, diagram, general plan, lease, sectional title, case law Explaining the principles of cadastral law and interpretation in practice, this is the first publication of its kind in over 45 years. It as a comprehensive text for aspiring and practicing professional land surveyors, those in the real property business, and those involved in land administration. Written for the South African practice environment, it will also be of interest to an international audience. The authors’ approach is progressive with the intent to inspire development to meet the needs of our society for secure land tenure for all. A broad range of topics are included: historical roots of tenure in the ancient world, the early development of the cadastre in South Africa, and development of the land surveying profession and professionalism. This provides context to the discussion on land law, tenure and rights; on legal institutions, on land administration, as well as government policies and reform imperatives. Defining property boundaries of rights in space is a particular challenge of the cadastral land surveyor. The chapters on the definition of beacons and boundaries cover a broad range of onshore and offshore application environments. They span the extent of ownership and limited real rights within the sovereign area of the Republic of South Africa. These environments include the air, the land surface and subterrestrial; coastal waters, and the sea bed. Particular attention is paid to complex river and coastal property boundaries. Case law is a key driver for changes in legislation and is also highly directive in terms of practice. The final chapter of the book is dedicated to a themed exploration of case law relating to beacons, boundaries, evidence, rights and restrictions. Cadastre: Principles and Practice will be an important addition to your professional bookshelf. Order it here: https://www.sagi.co.za/product/cadastre-principles-and-practice/