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This article explores the land-legal aspects of applying mediation, a form of alternative dispute resolution, in Ukraine. It is established that mediation has deep historical roots and has evolved over the centuries into a modern tool for conflict resolution. Attention is given to the role of mediators in resolving disputes across various cultures and societies for thousands of years. It is noted that contemporary mediation, as an institutionalized process, emerged in the 20th century, particularly after World War II, becoming a tool not only for resolving interpersonal or community conflicts but also for business, labor, international, and even legal disputes. In Ukraine, it has been found that mediation began to actively develop in the early 2000s, when the need for alternative dispute resolution methods grew. These methods were aimed at reducing the burden on the judicial system and providing faster, more cost-effective conflict resolution. The adoption of the Law of Ukraine «On Mediation» in November 2021 marked an important step toward recognizing this process at the state level. The article provides an analysis of its provisions, emphasizing that this law still requires adaptation to the specificities of land relations. It is highlighted that mediation in land disputes can be applied in various situations related to the ownership, use, or management of land plots. The author identifies several prospective areas for the application of mediation in land legal relations, specifically: 1) boundary disputes over land plots; 2) land use procedures; and 3) violations of environmental regulations. The article stresses that mediation in land disputes in Ukraine has significant potential, particularly given the need to expedite conflict resolution and alleviate the pressure on the judicial system. It is established that many landowners and participants in land relations currently lack sufficient information about mediation as a dispute resolution tool or do not trust its effectiveness. The article asserts that mediation requires adequate support and cooperation with state institutions, which will also contribute to more effective dispute resolution. [ABSTRACT FROM AUTHOR]

The article reveals the scientific and practical category of protection of the rights of landowners and land users through the prism of the system of land and legal science and methods of their protection. It also reveals the content of the ownership right to a land plot, which in modern conditions has a fundamental nature and for these reasons needs to be provided by the state with effective mechanisms for its protection and protection. The article examined the scope of the law regarding the ownership and use of land plots, taking into account the legal nature of the land plot as real property. The types of ways of protecting land rights in accordance with the current legislation are defined. The definition of an effective way of protecting land rights is analyzed, taking into account the legal model and material and legal actions necessary to achieve specific tasks facing the protection of the rights of landowners and land users. The article carries out a scientific and practical analysis of the practice of the Supreme Court of Ukraine in the field of methods of protecting the rights of landowners and land users in the essence of a land dispute. The author investigated the direct influence of the chosen method of protection on the form of court proceedings and the results of the court case. The scientific study emphasizes the importance of the correct terminological interpretation when resolving land disputes, referring to the judicial practice of the court of cassation. The emergence of certain land disputes is currently a fairly constant process, which cannot be said about the judicial practice of resolving disputes of this category. Therefore, this article proposes to consider the most relevant conclusions of the Supreme Court regarding the resolution of land disputes. The decisions of the Grand Chamber of the Supreme Court, which resolve procedural issues of civil proceedings regarding evidence and proof and determining the jurisdiction of disputes regarding the protection of the rights and legitimate interests of participants in land relations in the civil proceedings of Ukraine, are analyzed. The conclusion was drawn that, by its legal nature, judicial protection of the rights of landowners and land users is a complex interdisciplinary category, and its implementation in civil proceedings requires the court to take into account the norms of civil, land legislation, etc. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis of theoretical approaches and judicial practice of vindicatio defense of rights to land plots. Reforming social relations requires periodic rethinking of legal categories and the practice of their application. Therefore, periodic comparison of scientific positions in the field of land rights defense with judicial practice in this field is extremely necessary. The research is focused on highlighting the issues of correlation of vindicatio defense with other remedies of defense: restitution, condictio, recognition of land rights, recognition of acts of public authorities as invalid, negatorio method of defense, etc. A special feature and problem of the defense of rights to land is the correctness of choosing a vindicatio or negatorio defense, since modern judicial practice has made its corrections in this matter. In this vein, the article pays special attention to defense in case of arbitrary occupation of land. The only form of defense in case of arbitrary occupation of lan d plots, which is directly indicated in the legislation, is a judicial one. At the same time, the remedy of defense is not specified in the law, which created a scientific discussion on this matter outlined in the article. Taking into account the systematic conclusions of judicial practice regarding the cases of choosing vindicatio or negatorio defense, arbitrary occupation of a land plot is an indirect temporary illegal possession. In the case of violations of legal ownership by such a temporary illegal owner of a plot of land, both the owner and the temporary legal user must apply negatorio defense. Summing up, we can conclude that modern judicial practice has mainly determined the ways of defensing land rights. In not all cases, such approaches are supported by legal science. But at the same time, it brings some certainty to the regulation of land relations and creates a relatively stable basis for the defense of land rights. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis, generalization and systematization of the practice of the Supreme Court in terms of the application of negatoria defense of land rights. Scientific approaches to the essence and content of negatoria defense of land rights are considered. Negatoria defense is compared with related defense methods, in particular, with termination of the infringing action and vindicatio. The following conclusions were drawn from the analyzed court decisions: 1) under the rebuttable presumption, the owner always has the right to own a plot of land, if the state registration of ownership of it has taken place. The owner's possession is a direct, permanent, legal title-based possession of the land plot. Therefore, in case of violation of this ownership through state registration of another person's property right on the same plot, vindicatio should be used for defense; 2) any other possession, different from the possession of the owner, is indirect, temporary, can be both legal and illegal. In the case of violations of ownership by such a temporary possessor of a land plot (both legal and illegal), the owner, as always the legal owner, must apply negatoria defense; 3) a temporary legal possessor of a plot of land (whose right to land is registered in the State Register of Rights to Real Property) in case of violations of his possession by another temporary possessor, whose right to land is also registered in the State Register of Rights to Real Property and their Encumbrances, has to apply vindicatio for defense; 4) a temporary legal possessor of a plot of land (whose right to land is registered in the State Register of Real Property Rights) in case of violations of his possession by another temporary possessor, whose right is not registered in the register, is defensed by applying negatoria defense. Exceptions to these rules for certain categories of land plots made by the Supreme Court are listed. [ABSTRACT FROM AUTHOR]

Concerning its land law system, Indonesia refers to Presidential Regulation No. 86 of 2018 on Agrarian Reform. As an organization of national power, the state must regulate the use of land solely for the prosperity of all components of the nation. Bringing benefit is the goal of Islamic law. Syatibi's Maqasid al-Shari'ah theory explained that God's main purpose in establishing the law is to bring benefits to human life. In this case, the law is linked to the management of abandoned lands and food resilience to achieve welfare. Land issues, especially those related to the availability of access to land and the utilization of wastelands, are crucial in Indonesia today because there are many abandoned lands that should produce food and increase the welfare of farmers. It is better if these abandoned lands are used to provide better food security. This research aims to describe the policy of abandoned land utilization and reformulate a welfare-based policy of abandoned land utilization management. This was normative legal research which used secondary data and library materials as the main data source. It used the statute and philosophical approaches. Research results showed that up to 2018, only 24,457,600 m² from 76,384,300 m2 of abandoned lands were deemed clean and clear. There were 51,538,540 m² of abandoned lands that cannot function as supporters of agricultural productivity, although the optimization of these abandoned lands can help increase the currently depleting agricultural productivity in this country. Welfare-based policies in the utilization of abandoned lands in the context of food resilience is utilizing abandoned lands and giving them to farmers and stock farmers who have no land to bring benefit. This research on the policies and management in utilizing abandoned lands is crucial for the future to achieve the end goal of law application, namely bringing welfare to the Indonesian society. [ABSTRACT FROM AUTHOR]

Lithuanian land courts in the years 1565–1763 consisted of three-person teams of judge, podsędek (deputy judge), and court clerk. These offices were held for life. At election sejmiks, nobles nominated candidates for each office, and the king appointed one of them. From 1566, the Grand Duchy of Lithuania contrasted with the lands of the Crown of the Kingdom of Poland, because an exception allowed the nobility to independently promote a previous podsędek or clerk to a judge. This phenomenon resulted in the professionalization of the land courts' staff, whereby junior members of the team learned the procedure and provisions of the law from the more experienced judge. In addition, the political culture of the nobility improved, since they took unanimous decisions in the name of the local community's good. [ABSTRACT FROM AUTHOR]

Uttarakhand is witnessing a heightened demand for the revision of its land laws, a pivotal issue since the state's formation. This paper delves into the call for 'bhoo kanoon' by Uttarakhand's 'natives', against the backdrop of investments by 'outsiders' in the form of hotels, resorts, and homes. It chronicles the history of land law adoption in the state and explores the impact of these laws on the local populace and environment. Utilizing a qualitative research approach, including existing literature and interviews with stakeholders, the study reveals that the push for law revision stems from the influx of urban investors, resulting in land scarcity and inflated property prices for locals. The residents firmly believe that the current laws favor investors over locals, restricting their access to resources. The paper advocates for a balanced approach to urban investment and native rights, proposing a collaborative model that allows locals to define development's nature and rate. [ABSTRACT FROM AUTHOR]

"Land and Legal Texts in the Early Modern Ottoman Empire: Harmonization, Property Rights and Sovereignty" by Malissa Taylor is a book that examines the development of property rights in the Ottoman Empire from the sixteenth to the nineteenth century. The author challenges the notion that the kanunnames of Süleyman I represented the peak of the classical Ottoman land regime. Instead, Taylor argues that property rights in the mid-sixteenth century were shaped by the Ottoman state's efforts to control land and secure it for peasants. The book explores how land rights gradually extended to urban investors and military elites, as well as the theoretical foundations and spread of this process. The text also delves into the Kanunname of Candia and its role in resisting the institutionalization of the miri regime, with a focus on figures like Vani Mehmed Efendi and the Kad¿zadeli movement. However, the author notes that this resistance was limited to Candia and the Aegean islands, while the process of harmonizing sultanic and sharia law continued in other regions. The text further examines the development of land rights and the expansion of the harmony tradition in the eighteenth century, culminating in the 1858 Land Code. While the book is praised for its use of diverse sources and conceptual tools, some inconsistencies and omissions are also pointed out. Overall, the book offers valuable insights into Ottoman property rights and legal history. [Extracted from the article]

The processes involved in development are strongly tied to the land development policy and regulation. The Town and Country Planning Act 1976 [Act 172] and the National Land Code [Act 828] are among the laws regulating these processes. Cases such as Subang Jaya Municipal Council v. Visamaya Sdn. Bhd & Anor is one of the cases on the conflict of land conditions in the National Land Code (now revised in 2020 with the number [Act 828]) ("KTN") with the land use zone contained in the Local Plan issued by the Local Authority (PBT). Its decision offers a valuable lesson in legal matters and land planning. This study intends to take a firm stance on the interaction between land-related legislation, such as TCPA [Act 172] and KTN. Studies are carried out using the most recent court rulings and legislative modifications, using a doctrinal approach as the primary methodology. The Town and Country Planning Act of 1976 [Act 172] (often known as "Act 172") is the primary statute cited in project planning for development, according to the study. On the other hand, KTN, which went into effect on January 1, 1966, is the most significant land law in Peninsular Malaysia. The alleged legal inconsistencies must be clarified and justified, and this requires a thorough comprehension of the development of the relevant legislation's original process and original intent. The study finds that amendments to the laws or guidelines should be initiated to ensure the development process continues according to the laws of the respective country. [ABSTRACT FROM AUTHOR]

This Article explores whether and to what extent Ethiopia's contemporary land policy is influenced by international institutions chiefly the World Bank and the USAID. To this end, the article has identified and examined two opposing views, the first of which contends government policies including land policies in Ethiopia are dictated by some influential international institutions as the regime in Ethiopia is dependent on aid funds in implementing its social policies, which include land policy. According to this first perspective, such policies are not the result of organized collective action by the insecure land holders. The second view is that such policies are internally driven because international institutions have been unable to push through policy agenda their way meaningfully. Having considered such views, the article finds it is not persuasive to put the extent of influence of international institutions in Ethiopia's land policy in black and white; yet, it seems unreasonable to argue that such institutions which contribute significantly to Ethiopia's annual budget have no influence over land policy at all even if determination of the extent of their roles is complex and vague. For instance, some tenets of Ethiopia's current land policy as a tool to poverty reduction and smallholder commercial agriculture are strikingly similar to the tenets of the WB's 2003 Land Policy which include legalizing land rentals, land use collateralization for agricultural investors and establishment of customary dispute resolution methods, regularization of informal landholdings, and landholding registration programs without however conceding the fundamental aspect of land law. The USAID's involvement in drafting Ethiopian current Federal and regional rural land laws has led to the inclusion of some of these elements. External pressures may not nevertheless have a decisive role as domestic political and bureaucratic interests in land policy at implementation phase may lessen their magnitude. [ABSTRACT FROM AUTHOR]

The purpose of this study is to examine joint properties in mixed marriages and restrictions on foreign land ownership, as laws pertaining to mixed marriages are frequently ambiguous and difficult to comprehend, including those regarding joint property. The majority of couples in mixed marriages don't make an agreement regarding the division of assets, as is necessary under the Marriage Law. In the absence of a marriage contract, joint assets are mixed, which means that foreigners own fifty percent of the joint assets. The Land Law (UUPA) prohibits foreigners from possessing land rights other than usufruct and rental rights. This study shows that the land ownership status of Indonesian citizens is the same as that of foreign citizens if a couple in a mixed marriage does not reach an agreement regarding the division of assets. The Marriage Law requires the separation of assets in mixed marriages both at the time of agreement and at the time of consummation, and the institution of marriage can facilitate legal evasion and smuggling in order to acquire land rights in Indonesia. [ABSTRACT FROM AUTHOR]

AbstractLike in many countries around the world, Vietnam’s tourism development has been a driver for land acquisitions. In the process of land acquisition, according to the introduction of the 2013 Land Law, affected people in Vietnam have gained more negotiation power and better compensation deals. Nevertheless, the impacts of land acquisition on local socio-economic and environmental conditions remain controversial. Hence, this paper aims to investigate the following research questions: (1) Has there been a difference in the practice of land acquisition before and after the introduction of the new law? (2) Has there been a difference in local socio-economic conditions following land acquisitions before and after the introduction of the new law? and (3) How does the land acquisition process impact local people from the perspective of sustainable development? Two cases of tourism development were used in this study to illustrate the differences. The findings showed that, although there were differences in land acquisition between the two case studies due to the reform of the 2013 Land Law, the changes in the living conditions of affected communities in the two cases were not significant. Secondly, the study found that participation and compensation are the two factors that lead to socio-economic and environmental effects concerning issues of land price, local safety, and pollution in the land acquisition process. Although this study is centred on the Vietnamese context, the results could well be useful for a broader context, especially because the negative impact of land acquisition processes for tourism development on local people has become a serious issue in many countries.

In the world of academia, there are individuals who stand as beacons of inspiration, mentorship, and unwavering commitment to the pursuit of knowledge. Professor Willemien du Plessis, a stalwart in the field of law and an esteemed academic for over three decades at the North-West University, is unequivocally one such luminary. Her journey through the realms of land and customary law issues in South Africa has not only left an indelible mark on her students and colleagues but has also had a profound impact on the broader legal community. As she prepares to embark on a well-deserved retirement, we, the colleagues and peers whose lives she has touched, take it upon ourselves to celebrate her exceptional contributions with this special edition.

Like in many countries around the world, Vietnam's tourism development has been a driver for land acquisitions. In the process of land acquisition, according to the introduction of the 2013 Land Law, affected people in Vietnam have gained more negotiation power and better compensation deals. Nevertheless, the impacts of land acquisition on local socio-economic and environmental conditions remain controversial. Hence, this paper aims to investigate the following research questions: (1) Has there been a difference in the practice of land acquisition before and after the introduction of the new law? (2) Has there been a difference in local socio-economic conditions following land acquisitions before and after the introduction of the new law? and (3) How does the land acquisition process impact local people from the perspective of sustainable development? Two cases of tourism development were used in this study to illustrate the differences. The findings showed that, although there were differences in land acquisition between the two case studies due to the reform of the 2013 Land Law, the changes in the living conditions of affected communities in the two cases were not significant. Secondly, the study found that participation and compensation are the two factors that lead to socio-economic and environmental effects concerning issues of land price, local safety, and pollution in the land acquisition process. Although this study is centred on the Vietnamese context, the results could well be useful for a broader context, especially because the negative impact of land acquisition processes for tourism development on local people has become a serious issue in many countries. [ABSTRACT FROM AUTHOR]

Land ownership issues are especially important due to the historical experience of land nationalization of Ukrainian peasants. The sphere of land relations in Ukraine has undergone a process of constant reform since the country’s independence. At the present stage, the abolition of the moratorium on the transfer of ownership of agricultural land is historic for Ukrainian citizens. In consequence, the clarity and transparency of legal procedures for the transfer of land ownership to citizens of Ukraine become particularly relevant. In connection with the European vector of Ukraine’s development and gradual economic integration with the European Union countries that have experience in the agricultural land market, it is important to find an appropriate legal model for regulating the circulation of agricultural land in Ukraine, using the experience of the European Union. Land lease relations, as a main means of using agricultural lands for a long time in Ukraine, are considered in the article. The adopted Law of Ukraine “On amendments to some legislative acts of Ukraine concerning the circulation of agricultural lands” is analyzed. According to its provisions, the moratorium on the sale of agricultural land was finally canceled, which allowed landowners to freely dispose of their property. In the article, it is also proved that the main prospects for the development and functioning of the land market in Ukraine are: 1) foreign investment in Ukraine, 2) the possibility of free disposal of agricultural land plots, 3) attracting additional resources for local communities, 4) stimulating the agricultural sector, 5) increasing the efficiency of production on land.

The RSFSR Land Code of 1922 (LC), adopted as part of the comprehensive codification of Soviet law in the 1920s, is in the focus of this article. The Land Code is looked at as the first codified act that forms the branch of Soviet land law, defining its subject, method, and parameters of further development. The article is based on extensive historiographical material, which is systematized by periods. In the 1920s the Code of Law was in full force, therefore, a doctrinal interpretation of its norms, and authors’ comments on the Code were published. Subsequently, the Land Code of 1922 was studied with the aim of understanding and gaining historical experience in the development of new land laws. The article uses normative legal acts of the Soviet period, published documents, and archival sources. Particular attention is paid to the LC draft preparation and its further development until legislative approval. The methodology includes the dialectical method, as well as comparative legal and formal legal methods. The LC is studied as a historical source of legal content; its external criticism is given. The impact on the content of the LC of social and political conditions of previously issued acts is revealed. It is determined that the Land Code reflects consistency and novelty of the Soviet land legislation. The level of consolidation and incorporation of previously tested norms is very high. The LC most noticeable gaps and the ways to overcome them are outlined.

This paper makes a case for the integration of compulsory climate change topics across the core law curriculum. It argues that the most persuasive rationale for this is based in climate legal obligations and institutions, and a clear-eyed perception of climate risk, rather than the sustainability agenda. To this end, the paper outlines efforts taken to 'mainstream' climate change and environmental law education in a core course of the LLB degree – land law. An empirical study sought to evaluate the students' engagement with these materials, and their broader views concerning climate change and their legal education. The paper critically evaluates the course and the results of the empirical study. It concludes that students want to be, and should be, taught climate law and the climate context of law as part of their prescribed learning throughout the core curriculum, rather than as optional or elective content. [ABSTRACT FROM AUTHOR]

The Plurinational Constitutional Court is the final arbiter of legal disputes involving the interpretation and application of the Political Constitution of the Plurinational State of Bolivia (2009) (BC). Its role is especially important given that the BC follows a type of decolonial 'hybrid' constitutional model that incorporates the Indigenous concept of Vivir Bien (VB) as part of their legal paradigm. Using tools from Case Law Analysis and Critical Discourse Analysis, this article explores the Court's judicial interpretation and application of VB and its principles to a legal dispute regarding Indigenous Peoples' constitutional right to be consulted over government measures impacting their ancestral territories. The results indicate that the judges would foreground and background different aspects of the VB principles to support their views, resorting to their use in a hierarchical form that is not mandated in the BC. This shows a gap between formal incorporation and the practical application of the VB principles. This research informs the fields of legal studies, decolonial thought, and discourse studies. [ABSTRACT FROM AUTHOR]

In 1894, the Institut Colonial International was founded in Brussels, with the aim to engage and promote transnational exchanges between jurists, scholars, politicians, colonial administrators and experts, comparing different colonial experiences. As the Institut Colonial International's founders had hoped, its publications promoted legal debates, discussions and the prospects of specific legislation, decrees or norms to be adapted and used in entirely different colonial systems. This paper will show that the Institut Colonial International encouraged the exchange of ideas about the various colonial experiences in order to create common and universal principles. International law and domestic law, or national law concerning land register systems and land law were part of the colonial discourse as it endeavoured to create and adopt universal principles of law, trying to establish a platform of common dialogue, with common premises, concerning different colonies, different colonial experiences and ultimately different cultural, social and political contexts. [ABSTRACT FROM AUTHOR]

Copyright of Lex Humana is the property of Lex Humana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Since the global crises in the 2000s, many foreign and domestic actors have acquired large tracts of land for food and biofuel crop cultivation and other purposes in Africa, often leading to the displacement of the African people living on customary land. The weak customary land rights of ordinary African people have been viewed as one of the main factors making it possible for various land-grabbers to exploit customary land with different purposes. However, it would be insufficient to conclude that the weak customary land rights are the only factor leading to land grabbing in Africa as such land rights give the inheritors the rights to use the land permanently. Therefore, the main objective of this research is to identify a more specific factor leading to land grabbing in Africa, which this article refers to as a 'land-grabbing-friendly legal environment'. To achieve the main goal, by considering the case of Zambia, this research aims to: (1) analyze the main areas and regions where land grabbing occurs in Zambia and the land-grabbers involved; and (2) analyze the main uses of customary land and changes in tenure systems applied to customary land from the colonial era up to the present day, through a legal history research approach. The main findings of this research are as follows: (1) land-grabbing incidences have often been linked to the government-led agricultural program, involving both internal and external land-grabbers, and (2) the creation of the dual-tenure system during the colonial era and its continuation to the present day have led to the poor financial status of ordinary Zambians living on customary land, contributing to their weak customary land rights. By examining the main results, this research concludes that it is crucial for the Zambian government to bring about reasonable fees for land-titling registration for the ordinary Zambians living on customary land, as well as to separate development aspects from land laws. These steps will strengthen the land rights of the ordinary Zambians and prevent land grabbing. [ABSTRACT FROM AUTHOR]

Copyright of Precedente is the property of Universidad ICESI and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

An injunction is typically characterised as the primary remedy to prevent a continuing interference with a claimant's property rights. It can be easier to obtain such a remedy against a cynical defendant who knowingly interfered with those rights, as opposed to a naïve or unwitting party who was unaware of them. It is not obvious, however, why the defendant's state of mind should affect what remedy the claimant is afforded in vindicating their property rights. This paper examines the role played by the defendant's state of mind when considering whether to grant an injunction. It argues that a defendant who knowingly infringes a property right in respect of land for material gain assumes the risk that an injunction will be granted to stop that infringement. As a consequence, the question of whether such an order will create hardship or oppression is either diminished or eliminated as a factor. This approach also vindicates the proprietary nature of such rights, which may be difficult to assess in financial terms. [ABSTRACT FROM AUTHOR]

The article presents the main principles of English-Welsh land law, connected to protection of real estate transactions, based on land registration. The main aim is to research similarities and differences of this regulation with the three major principles of Torrens system formulated by T. Rouff – the mirror principle, the curtain principle and the insurance principle.