15Abstract This article explores the role of bona fides as the foundation of a purchaser’s ownership. A bona fide purchaser owns his rights against nemo dat quod non habet (no one gives what they do not have) maxim that protect the original owner’s rights. This article illustrates that the concept of good will in property rights as a means of resolving ownership disputes. Bona fides bear inner-directed values described as ‘good will’ in ethics and its practice in court’s verdict bear resemblance with outer-directed moral imperatives in property rights. The main issue of ownership then relies on the value that lives in social society, and whether it conforms with nemo dat principles or honest purchaser protection. While both maxims are needed for security of acquisition, its universality is still debatable. The concept of good will and property theory will show a different paradigm useful for court to justify honest purchaser rights acquired from an unauthorised seller. Courts will then construct and apply a standard of conduct based on the existing value to determine an honest purchaser. Hence, an honest purchaser will have an equal stage in the contest for ownership rights against a true owner, and courts will have to measure and determine whose ownership should be prioritize.
15 摘要 本文探讨了善意作为购买者所有权基础的作用。善意购买者拥有的权利不受保护原所有者权利的 nemo dat quod non habet（没有人给予他们没有的东西）格言的约束。本文阐述了产权中的善意概念是解决所有权纠纷的一种手段。善意在伦理学中被描述为 "善意"，具有内在导向的价值，其在法院判决中的实践与产权中外在导向的道德要求相似。因此，所有权的主要问题取决于社会生活中的价值，以及它是否符合 "无主物 "原则或诚实购买者保护原则。虽然购置安全需要这两种格言，但其普遍性仍有待商榷。善意的概念和财产理论将为法院证明从未经授权的卖方处获得的诚实购买者权利提供不同的范式。然后，法院将根据现有价值构建和应用行为标准，以确定诚实的购买者。因此，诚实的购买者在与真正的所有者争夺所有权时将享有平等的地位，而法院则必须衡量和确定谁的所有权更优先。
{"title":"The Role of Good Will in Redefining Ownership Rights: The Bona Fides Purchaser","authors":"Muhammad Faisal","doi":"10.1515/eplj-2023-0002","DOIUrl":"https://doi.org/10.1515/eplj-2023-0002","url":null,"abstract":"15Abstract This article explores the role of bona fides as the foundation of a purchaser’s ownership. A bona fide purchaser owns his rights against nemo dat quod non habet (no one gives what they do not have) maxim that protect the original owner’s rights. This article illustrates that the concept of good will in property rights as a means of resolving ownership disputes. Bona fides bear inner-directed values described as ‘good will’ in ethics and its practice in court’s verdict bear resemblance with outer-directed moral imperatives in property rights. The main issue of ownership then relies on the value that lives in social society, and whether it conforms with nemo dat principles or honest purchaser protection. While both maxims are needed for security of acquisition, its universality is still debatable. The concept of good will and property theory will show a different paradigm useful for court to justify honest purchaser rights acquired from an unauthorised seller. Courts will then construct and apply a standard of conduct based on the existing value to determine an honest purchaser. Hence, an honest purchaser will have an equal stage in the contest for ownership rights against a true owner, and courts will have to measure and determine whose ownership should be prioritize.","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"9 1","pages":"15 - 30"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139301768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
31Abstract The World Bank uses getting credit as a measurement of a country’s economic development, and a common approach to bolstering economic activity is to carry out necessary reforms on secured transactions laws.1 Amongst many legal systems, a non-possessory security interest over movable assets subject to registration is prominent.2 While the number of security instruments has drastically increased within the last century, one of the most sophisticated ones was invented more than 150 years ago: floating charge.3 Many of its features have been modified in line with the evolving needs of the market, yet its constitutive specialties stayed the same to provide sufficient flexibility for borrowers and creditors. In this paper, we analyze the role of registration and its effects, while examining the functioning of the debtor’s (borrower’s) right to dispose of encumbered assets by identifying the limits imposed on their withdrawal from the ambit of creditors’ security interests, exploring diverging implementations given the different restrictions deployed by various legislators.
{"title":"The Role of Registration in Perfecting Non-Possessory Secured Transactions over Movables: What is the Extent of the Third-Party Effectiveness","authors":"Yaman Gürsel, Ece Baş Süzel","doi":"10.1515/eplj-2023-0003","DOIUrl":"https://doi.org/10.1515/eplj-2023-0003","url":null,"abstract":"31Abstract The World Bank uses getting credit as a measurement of a country’s economic development, and a common approach to bolstering economic activity is to carry out necessary reforms on secured transactions laws.1 Amongst many legal systems, a non-possessory security interest over movable assets subject to registration is prominent.2 While the number of security instruments has drastically increased within the last century, one of the most sophisticated ones was invented more than 150 years ago: floating charge.3 Many of its features have been modified in line with the evolving needs of the market, yet its constitutive specialties stayed the same to provide sufficient flexibility for borrowers and creditors. In this paper, we analyze the role of registration and its effects, while examining the functioning of the debtor’s (borrower’s) right to dispose of encumbered assets by identifying the limits imposed on their withdrawal from the ambit of creditors’ security interests, exploring diverging implementations given the different restrictions deployed by various legislators.","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"40 1","pages":"31 - 74"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139299227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Difficult Reception of the British Model as a Response to the Simplification of French Litigation Concerning Public Property","authors":"Anthony Falgas","doi":"10.1515/eplj-2023-0001","DOIUrl":"https://doi.org/10.1515/eplj-2023-0001","url":null,"abstract":"","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"28 1","pages":"1 - 14"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139301142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Forfeiture is a contractual right under the lease which is a right preserved under Section 24 (2) of the Landlord and Tenant Act 1954. Landlords need to be careful when demanding or accepting rent when they become aware of a breach of a term. If a landlord wants to forfeit as a result of a breach (and they have the right to forfeit as is provided for in their lease) and there is rent due, they should not demand or accept rent accruing beyond the date they become aware of the breach, as this would likely amount to a waiver. Under section 146 notice under the Law of Property Act (LPA) 1925 to indicate an intention to forfeit the lease the landlords need to be careful when demanding or accepting rent when they become aware of a breach of a term. This article will consider the process of forfeiture in English law and the consequences of waiver by the landlord of breach of term in the lease.
{"title":"Forfeiture of leases, waiver of the right of entry and mixed use property in English law","authors":"Zia Akhtar","doi":"10.1515/eplj-2022-0002","DOIUrl":"https://doi.org/10.1515/eplj-2022-0002","url":null,"abstract":"Abstract Forfeiture is a contractual right under the lease which is a right preserved under Section 24 (2) of the Landlord and Tenant Act 1954. Landlords need to be careful when demanding or accepting rent when they become aware of a breach of a term. If a landlord wants to forfeit as a result of a breach (and they have the right to forfeit as is provided for in their lease) and there is rent due, they should not demand or accept rent accruing beyond the date they become aware of the breach, as this would likely amount to a waiver. Under section 146 notice under the Law of Property Act (LPA) 1925 to indicate an intention to forfeit the lease the landlords need to be careful when demanding or accepting rent when they become aware of a breach of a term. This article will consider the process of forfeiture in English law and the consequences of waiver by the landlord of breach of term in the lease.","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126767343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Blockchains, NFT’s and sweeping developments under the rug","authors":"Sjef van Erp","doi":"10.1515/eplj-2022-0001","DOIUrl":"https://doi.org/10.1515/eplj-2022-0001","url":null,"abstract":"","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114624427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The question as to whether the buyer of immovable property should still be able to receive the ownership of the property in case the seller goes bankrupt prior to conveyance, has sparked academic debate in many jurisdictions. In the context of immovable property, many scholars feel it is justified to provide additional protective measures in favour of the buyer and hence provide buyers with some sort of proprietary interest, prior to conveyance. But exactly which circumstances justify these protective measures under current law? And what is the most desirable way to protect the buyer in terms of scope of application and effect? This article will answer these questions on the basis of a newly-developed theoretical framework.
{"title":"Vacuum instruments and securing the performance interest","authors":"Tiddo Bos","doi":"10.1515/eplj-2022-0006","DOIUrl":"https://doi.org/10.1515/eplj-2022-0006","url":null,"abstract":"Abstract The question as to whether the buyer of immovable property should still be able to receive the ownership of the property in case the seller goes bankrupt prior to conveyance, has sparked academic debate in many jurisdictions. In the context of immovable property, many scholars feel it is justified to provide additional protective measures in favour of the buyer and hence provide buyers with some sort of proprietary interest, prior to conveyance. But exactly which circumstances justify these protective measures under current law? And what is the most desirable way to protect the buyer in terms of scope of application and effect? This article will answer these questions on the basis of a newly-developed theoretical framework.","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126977893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The principle of formal publicity of the land register in a comparative perspective","authors":"P. Blajer","doi":"10.1515/eplj-2022-0003","DOIUrl":"https://doi.org/10.1515/eplj-2022-0003","url":null,"abstract":"","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132391358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Technology is being widely adopted in Construction and Real Estate sector these days. Pandemic has made technology exigent in every walk of life and Real Estate sector is no exception to this paradigm. However, it must also be noted that technology is becoming a ubiquitous savior and an important tool for sustainability of enterprises. Real Estate has been a barometer for measuring progress of economy and its central theme of debate. If economy has to improve, much depends on revival of Real Estate Sector in general and retail purchase such as residential apartments in specific. Retails purchases have literally come to a halt due to various reasons such as frequent lock downs, non-movements, lack of confidence and absence of trust in future commitments. In this context, sustainability of this sector has been made possible by adoption of cutting edge technologies. In this paper the technologies are reviewed and how each brand is able to use technologies to better their marketing and sales efforts. The paper will also be able to convincingly illustrate technologies that could be used by companies that are smaller and medium scale in size, so that sustainability does not restrict itself to Tier I cities, but also revisits Tier II cities which are emerging markets.
{"title":"“Sustaining Real Estate Sector through Technological Interventions: Purchase Intention of Residential Apartment Buyers”","authors":"Venkatesh S Shastry, Badrinath M N, D. N","doi":"10.1515/eplj-2022-0007","DOIUrl":"https://doi.org/10.1515/eplj-2022-0007","url":null,"abstract":"Abstract Technology is being widely adopted in Construction and Real Estate sector these days. Pandemic has made technology exigent in every walk of life and Real Estate sector is no exception to this paradigm. However, it must also be noted that technology is becoming a ubiquitous savior and an important tool for sustainability of enterprises. Real Estate has been a barometer for measuring progress of economy and its central theme of debate. If economy has to improve, much depends on revival of Real Estate Sector in general and retail purchase such as residential apartments in specific. Retails purchases have literally come to a halt due to various reasons such as frequent lock downs, non-movements, lack of confidence and absence of trust in future commitments. In this context, sustainability of this sector has been made possible by adoption of cutting edge technologies. In this paper the technologies are reviewed and how each brand is able to use technologies to better their marketing and sales efforts. The paper will also be able to convincingly illustrate technologies that could be used by companies that are smaller and medium scale in size, so that sustainability does not restrict itself to Tier I cities, but also revisits Tier II cities which are emerging markets.","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127199655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The effect of registration in the land register in the framework of real estate sale (comparative study)","authors":"P. Blajer","doi":"10.1515/eplj-2022-0005","DOIUrl":"https://doi.org/10.1515/eplj-2022-0005","url":null,"abstract":"","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133331770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"What’s New in European Property Law?","authors":"Katja Zimmermann","doi":"10.1515/eplj-2022-0004","DOIUrl":"https://doi.org/10.1515/eplj-2022-0004","url":null,"abstract":"","PeriodicalId":338086,"journal":{"name":"European Property Law Journal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121111050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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