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Ancient Norwegian Property Laws
Two Norwegian property laws, which are so ancient that the time of their enactment is lost, govern Norwegian property. These are the ''Åsetesrett'' (homestead right), and the '' Odelsrett'' (also referred to as allodial right). These two rights were considered important enough that they were included in the 1814 Constitution of Norway. See also * Allodial title * Udal law * Odal (rune) Othala (), also known as odal and ēðel, is a rune that represents the ''o'' and ''œ'' phonemes in the Elder Futhark and the Anglo-Saxon Futhorc writing systems respectively. Its name is derived from the reconstructed Proto-Germanic *''ō ... References * Gjerset, Knut (1917). History of the Norwegian People'. MacMillan. * {{cite web , title=Kong Christian the Fjerdes Norske Lovbog af 1604 , trans-title=King Christian IV's Norwegian Book of Law of 1604 , publisher=FEILBERG & LANDMARK/Prosjekt for nettbaserte hovedfagsstudier (PNH) , date=1981 , url=http://www.hf.uio.no/PNH/chr4web/ ...
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Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of Norway. Bouvet Island, located in the Subantarctic, is a dependency of Norway; it also lays claims to the Antarctic territories of Peter I Island and Queen Maud Land. The capital and largest city in Norway is Oslo. Norway has a total area of and had a population of 5,425,270 in January 2022. The country shares a long eastern border with Sweden at a length of . It is bordered by Finland and Russia to the northeast and the Skagerrak strait to the south, on the other side of which are Denmark and the United Kingdom. Norway has an extensive coastline, facing the North Atlantic Ocean and the Barents Sea. The maritime influence dominates Norway's climate, with mild lowland temperatures on the sea co ...
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Enactment Of A Bill
A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an '' act of the legislature'', or a ''statute''. Bills are introduced in the legislature and are discussed, debated and voted upon. Usage The word ''bill'' is primarily used in Anglophone United Kingdom and United States, the parts of a bill are known as ''clauses'', until it has become an act of parliament, from which time the parts of the law are known as ''sections''. In Napoleonic law nations (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law may be known as a "law project" (Fr. ''projet de loi''), which is a government-introduced bill, or a "law proposition" (Fr. ''proposition de loi''), a private member's bill. For example the Dutch parliamentary system does not make this terminological distinction (''wetsontw ...
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Åsetesrett
Åsetesrett (archaic spelling Åsædesret) is one of the Ancient Norwegian property laws under which the eldest child has priority inheritance rights to agricultural property. Summary Åsetesretten is a priority right to take over an agricultural property inheritance. When the farmer dies, only lineal descendants have inheritance rights to agricultural property. If there are several agricultural properties involved, the eldest child may choose only one parcel. The heir is obliged to pay the other siblings their share of the estate (originally only 50% to sisters). Traditionally the value of the estate was given by the father or else is estimated, usually below its actual valuation. If the father left no son, his eldest surviving daughter inherited. Before reforms of the 1970s, daughters did inherit, but their share was limited to one-half that of the sons' shares. Currently there is an appraisal, but the value is typically low. If a farm or estate is of such a size that several ...
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Odelsrett
The Odelsrett is an ancient Scandinavian allodial title which has survived in Norway as ''odelsrett'' and existed until recent times in Sweden as ''bördsrätt''. The Norwegian law stipulates the right, when a farm is to be sold, of any member of the family, by the principle of primogeniture, to buy it, consistent with ''Åsetesrett.'' If the property is sold to a stranger, family members have the right within a specified period of time (which varies over history, but ten years can be considered typical of recent usage) to redeem it at the price paid, with the additional cost of the improvements. If there is controversy, appraisers are appointed. Later law modified this, so that an owner selling his farm may determine whether he renounces for himself and heirs this right. It has been argued that this law served as a mainstay to the long-lasting agrarian culture in Norway. History Arnfinn Kjelland provides a historical perspective: ::“(For a) farm (to) become allodium by g ...
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Allodial Right
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the U.S. (notably, Nevada and Texas) have provisions for considering land allodial under state law, and the term may be used in other circumstances. Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown ...
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Constitution Of Norway
nb, Kongeriket Norges Grunnlov nn, Kongeriket Noregs Grunnlov , jurisdiction = Kingdom of Norway , date_created =10 April - 16 May 1814 , date_ratified =16 May 1814 , system =Constitutional monarchy , branches = Judicial, Executive, and Legislative , chambers =Unicameral , executive =Prime Minister , courts = Supreme court, Court of impeachment, and subordinate courts , federalism =No , electoral_college =No , date_legislature =7 October 1814 , citation = , location_of_document =Storting , writer = Norwegian Constituent Assembly , head_of_state= Monarchy of Norway , supersedes=King's Law (Lex Regia) , wikisource = Constitution of Norway The Constitution of Norway (complete name: The Constitution of the Kingdom of Norway; Danish: ; Norwegian Bokmål: ; Norwegian Nynorsk: ) was adopted on 16 May and signed on 17 May 1814 ...
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Allodial Title
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the U.S. (notably, Nevada and Texas) have provisions for considering land allodial under state law, and the term may be used in other circumstances. Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown ...
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Udal Law
Udal law is a Norse-derived legal system, found in Shetland and Orkney in Scotland, and in Manx law in the Isle of Man. It is closely related to Odelsrett; both terms are from Proto-Germanic *''Ōþalan'', meaning "heritage; inheritance". History Udal law was codified by the Norwegian kings Magnus I and Magnus VI. The Treaty of Perth transferred the Outer Hebrides and Isle of Man to Scots law, while Norse law and rule still applied for Shetland and Orkney. The courts of Scotland have intermittently acknowledged the supremacy of udal law in property cases up to the present day. Major differences from Scots law include shore ownership rights, important for pipelines and buried cables. Udal law generally holds sway in Shetland and Orkney, along with Scots law. Description Not all land in Shetland and Orkney can be described as falling under udal tenure. The type of tenure depends on how the title arose: #Unwritten udal title, while rare, does exist, for udal law did not req ...
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Odal (rune)
Othala (), also known as odal and ēðel, is a rune that represents the ''o'' and ''œ'' phonemes in the Elder Futhark and the Anglo-Saxon Futhorc writing systems respectively. Its name is derived from the reconstructed Proto-Germanic *''ōþala-'' "heritage; inheritance, inherited estate". As it does not occur in Younger Futhark, it disappears from the Scandinavian record around the 8th century, however its usage continued in England into the 11th century. As with other symbols used historically in Europe such as the swastika and Celtic cross, othala has been appropriated by far-right groups such as the Nazi party and neo-Nazis. The rune also continues to be used in non-racist contexts, both in Heathenry and in wider popular culture such as the works of J.R.R. Tolkien. Name and etymology The Common Germanic stem ''ōþala-'' or ''ōþila-'' "inherited estate" is an ablaut variant of the stem ''aþal-''. It consists of a root ''aþ-'' and a suffix ''-ila-'' or ''-a ...
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Knut Gjerset
Knut Gjerset (September 15, 1865 – October 29, 1936) was a Norwegian-American author, historian and college professor. Biography Knut Gjerset was born at Fræna in Møre og Romsdal, Norway. He was the son of Ole Sørensen Gjerset and Karen Marie Olsdatter Eidem. He immigrated with his family to Chippewa County, Minnesota during 1871. His brother, Oluf Gjerset, was an elected official in Minnesota. Gjerset attended Willmar Seminary in Willmar, Minnesota, and received his Bachelor of Arts degree in literature from the University of Minnesota in 1893. He held the position of principal at St. Ansgar Seminary in St. Ansgar, Iowa (1893-1895). He was married in 1894 to Helen Baumgarten (1866-1966) at New Richland, Minnesota. Gjerset studied at Johns Hopkins University in Baltimore, Maryland (1895-1896), and at the University of Heidelberg (1896 to 1898) where he was awarded a PhD. Gjerset next worked as a principal at Glenwood Academy in Glenwood, Minnesota. In 1902, he became a p ...
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Property Law Of Norway
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with re ...
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