Search results for "property"
showing 10 items of 955 documents
Italian assisted negotiation: an additional tool to settle matrimonial property regime cases
2021
The assisted negotiation procedure highlighted the need to distinguish the various forms of justice in view to obtaining decisions that can effectively satisfy the interests of the family. In fact the agreements who discipline the family conflicts attributes a central role to the will of the couple in the collaborative search for suitable solutions for the management of the crisis of the emotional bond.
Las obras musicales en las radios universitarias
2018
The Spanish General Audiovisual Communication Law does not relate to Campus Radio Stations. In this context, Copyright Collection Societies do not cover them in their catalogues of general fees. For this reason, the holders of these radios are forced to negotiate them. Althoug the Intellectual Property Law and the Order ECD/2574/2015, of 2 December, contain obligations for Copyright Collection Societies, on this matter its enforcement are far from being achieved
Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104
2021
Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreover, while the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family matters, some choices made by the European legislator on applicable law will likely be source of inconveniences. Furthermore, as for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisions, authentic in…
Jurisdiction by connection and proper administration of justice under eu regulations 1103/2016 and 1104/2016
2021
The author analyses the rules of jurisdiction by connection set by Articles 4 and 5 of Regulations No. 1103 and 1104 of 2016 in matters of property regimes of transnational couples, taking into account the objective of proper administration of justice pursued within EU Civil judicial cooperation. The Twin Regulations provide for appropriate procedural tools to facilitate concentration of jurisdiction before the courts of the same Member State, establishing an important role for the choice-of-court agreement, especially where property regime issues arise in connection with a matrimonial case or a partnership dissolution case. As we wait for the implementation of these rules by national and E…
La nueva oportunidad de la hipoteca inversa
2021
The reverse mortgage is a credit or loan guaranteed by a mortgage that falls on the applicant?s habitual residence, granted at once, or through periodic benefits, to a person who must be over a certain age or prove a degree of disability or dependency, and is not due until the time of death. In view of the doubts that the future of the public pension is raising and the concentration of savings in Spanish property, the reverse mortgage is once again being put on the table as a viable alternative to complement a public pension with little revaluation, in view of the increase in life expectancy and expenses after retirement.
Liquidación de la sociedad de gananciales: el caso de la adjudicación forzosa de participaciones sociales de carácter ganancial a un solo cónyuge. Co…
2021
In a liquidation of community property, the rules for the partition of the inheritance are of suppletive application. Therefore, the sentence opts for a criterion of flexible interpretation of those rules, whose application will be subject to the objective entity of the property in question. Accordingly, when the only property to be shared between the spouses is constituted by set of shares of common nature, taking into account the special circumstances of the case, such shares could be awarded to one of the spouses with the obligation to compensate the other in money, even if it requests the sale of the shares in the public auction. To this end, the request would have to impede the possibi…
Personal data protection in the EU – cooperation and competences of EU and national data protection institutions and bodies
2017
This article focuses on the institutional aspect of European Union (EU) personal data protection. The aim of the article is to identify current problems in division of competences and in cooperation between national and EU data protection institutions. The author analyses these aspects on two levels. On the vertical level, the author analyses the competences and cooperation between national and EU institutions and on the horizontal level – the division of competences and cooperation between different national data protection authorities. As of now, each Member State has different data protection rules and procedures. Moreover, as in the EU context data protection is a shared competence, MS …
Legal controversies and ethical considerations concerning the property rights in the human body
2021
When considering the rise of the biotech industry over the years, one might wonder if the procurement of the biological materials, that are necessary for the success of the industry, was done through ethical and safe measures, especially considering the stagnant position of many countries towards granting individuals ownership rights over their bodies. As such, this paper inspects and compares the current legal approaches that are used in certain common law and civil law jurisdictions to determine individuals’ rights over their bodies, and considers the bundle of rights concept and the law of equity as possible solutions to the ethical and equitable deficiencies observed in certain jurisdic…
Entwurf der livländischen Ritter- und Landschaft, betreffend die Schätzung der im livländischen Gouvernement belegenen Immobilien behufs Umlage der L…
1899
Residential tenancy as a viable substitute to home-ownership in Latvia
2020
In light of the high rates of owner-occupancy and the view of residential tenancy being an inferior type of tenure, the Latvian government for the past decade has tried to implement a new regulation for residential tenancy to cure the situation. This thesis presents a comparative analysis of both, the regulatorily environment and the present economic and social situation, of the tenancy market in the Baltic states. Based on the findings, and by adding a theoretical framework of the necessity of a sound residential tenancy market, an assessment of possibility for the proposed regulation to reach its aims is presented.