|
Occupatio
''Occupatio'' (occupation) was an original method of acquiring ownership of un-owned property (''res nullius'') by occupying with intent to own. Roman legal writings on acquisition by ''occupatio'' Nicholas argues this is the "archetype" of all other Roman law methods of original acquisition. According to the Roman jurist Gaius, any previously unowned thing becomes the just property of the first occupant able to "capture" it: Abandoned goods ('' res derelictae'') was also ''res nullius'' and subject to acquirement through ''occupatio''. Land, however, was excluded and could not be acquired using ''occupatio''. ''Occupatio'' in the modern world The Roman law ''occupatio'' has continued relevance in present times, partly due to its adoption by legal systems across Europe, Africa and North America. It is also used in international law. Domestic legal systems Legal systems across the modern world continue to employ a form of ''occupatio''. A full discussion of each lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Squatting
Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there were one billion slum residents and squatters globally. Squatting occurs worldwide and tends to occur when people who are poor and homeless find empty buildings or land to occupy for housing. It has a long history, broken down by country below. In developing countries and least developed countries, shanty towns often begin as squatted settlements. In African cities such as Lagos much of the population lives in slums. There are pavement dwellers in India and in Hong Kong as well as rooftop slums. Informal settlements in Latin America are known by names such as villa miseria (Argentina), pueblos jóvenes (Peru) and asentamientos irregulares (Guatemala, Uruguay). In Brazil, there are favelas in the major cities and land-based movements. I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terra Nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it. : : : : : : There are currently three territories claimed to be ''terra nullius'', two of which caused by border disputes between sovereign states, and one caused by no sovereign state claiming the land. Doctrine In international law, ''terra nullius'' is territory which belongs to no state. Sovereignty over territory which is ''terra nullius'' can be acquired by any state by occupation. According to Oppenheimer, “‘The only territory which can be the object of occupation is that which does not already belong to another state, whether it is uninhabited, or inhabited by persons whose community is not considered to be a state; for individuals may live on as territory without forming themselves into a state proper exercising sovereignt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derived ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupatio (Scots Law)
''Occupatio'' or occupation is a method of original acquisition of property in Scots law. It derives from the Roman law concept of the same name. Occupatio allows an occupier of an object (''res'') with the intention to own the property to become the owner. As most property in Scotland is owned, and with the caduciary right (or ''escheat'') that all ownerless property falls to the Crown, its application is uncommon. Nevertheless, it remains a valid method of acquiring ownership in Scots law. Roman law In Roman law, ''occupatio'' was an original method of acquiring ownership of un-owned property (''res nullius'') by occupying with intent to own. Nicholas argues this is the "archetype" of all other Roman law methods of original acquisition. According to the Roman jurist Gaius, any previously unowned thing becomes the just property of the first occupant able to "capture" it: Abandoned goods ('' res derelictae'') was also ''res nullius'' and subject to acquirement through ''oc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquisition Of Sovereignty
A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquisition of sovereignty due to the underlying European civil law at the time of early discovery voyages such as Christopher Columbus. The basis of acquisition of states ownership of vacant territory therefore continues to apply, (and was often applied historically to land already possessed by indigenous populations). Accretion Accretion refers to the physical expansion of an existing territory through geological processes, such as alluvion (the deposit of sediment) or vulcanism. Cession A state may acquire sovereignty over territory if that sovereignty is ceded (transferred) to it by another state. Cession is typically effected by treaty. Examples of cession include the cession of Hong Kong Island and Kowloon, purchases such as the L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquisition Of Sovereignty
A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquisition of sovereignty due to the underlying European civil law at the time of early discovery voyages such as Christopher Columbus. The basis of acquisition of states ownership of vacant territory therefore continues to apply, (and was often applied historically to land already possessed by indigenous populations). Accretion Accretion refers to the physical expansion of an existing territory through geological processes, such as alluvion (the deposit of sediment) or vulcanism. Cession A state may acquire sovereignty over territory if that sovereignty is ceded (transferred) to it by another state. Cession is typically effected by treaty. Examples of cession include the cession of Hong Kong Island and Kowloon, purchases such as the L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rockall
Rockall () is an uninhabitable granite islet situated in the North Atlantic Ocean. The United Kingdom claims that Rockall lies within its exclusive economic zone (EEZ) and is part of its territory, but this claim is not recognised by Ireland. It and the nearby skerries of Hasselwood Rock and Helen's Reef are the only emergent parts of the Rockall Plateau. The rock was formed by magmatism as part of the North Atlantic Igneous Province during the Paleogene. Rockall's approximate distances from the closest islands in each direction are as follows: It is west of Soay, Scotland; northwest of Tory Island, Ireland; and south of Iceland. The nearest permanently inhabited place is North Uist, an island in the Outer Hebrides of Scotland, to the east. The United Kingdom claimed Rockall in 1955 and incorporated it as a part of Scotland in 1972. The UK does not make a claim to extended EEZ based on Rockall, as it has ratified the United Nations Convention on the Law of the Sea (UNCLOS ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Possession
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Common law, Anglo-American common law under which a person who does not have title (property), legal title to a piece of property—usually land (real property)—may acquire legal ownership based on continuous Possession (law), possession or occupation of the property without the permission (licence) of its legal owner. The possession by a person is not adverse if they are in possession as a Tenancy, tenant or licensee of the legal owner. In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Property Law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary relationships between persons (both natural and juristic), as well as their rights and obligations.Mostert & Pope 6. The protective clause for property rights in the Constitution of South Africas 25. stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Nullius
''Res nullius'' is a doctrine.Johnston. The International Law of Fisheries. 1987p 309 The expression "res nullius" (lit: ''nobody's thing'') is a Latin term derived from private Roman law whereby ''res'' (an object in the legal sense, anything that can be owned, even a slave, but not a subject in law such as a citizen, nor land) is not yet the object of rights of any specific subject. Such items are considered ownerless property and are free to be acquired by means of ''occupatio''. Its use as a legal concept continues in modern civilian legal systems. Examples of ''res nullius'' in the socio-economic sphere are wild animals (''ferae naturae'') or abandoned property ('' res derelictae''). Finding can also be a means of occupation (i.e. vesting ownership), since a thing completely lost or abandoned is ''res nullius'', and therefore belonged to the first taker. Specific legislation may be made, e.g. for beachcombing. Scope Wild animals In common law legal systems, forest l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christopher Columbus
Christopher Columbus * lij, Cristoffa C(or)ombo * es, link=no, Cristóbal Colón * pt, Cristóvão Colombo * ca, Cristòfor (or ) * la, Christophorus Columbus. (; born between 25 August and 31 October 1451, died 20 May 1506) was an Italian explorer and navigator who completed Voyages of Christopher Columbus, four voyages across the Atlantic Ocean sponsored by the Catholic Monarchs of Spain, opening the way for the widespread European Age of Discovery, exploration and colonization of the Americas. His expeditions were the first known European contact with the Caribbean, Central America, and South America. The name ''Christopher Columbus'' is the anglicisation of the Latin . Scholars generally agree that Columbus was born in the Republic of Genoa and spoke a dialect of Ligurian (Romance language), Ligurian as his first language. He went to sea at a young age and travelled widely, as far north as the British Isles and as far south as what is now Ghana. He married Port ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.png "Click for more on -> Civil Law (legal System)")