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The Law Of Property In Sri Lanka
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Book Synopsis The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany by : Hanri Mostert
Download or read book The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany written by Hanri Mostert and published by Springer Science & Business Media. This book was released on 2002 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: One: Research Question, Terminology and Methodology.- 1: Introduction.- 1. An Introduction to the Basic Problems.- 2. Objectives of Research.- 2.1. Motivation.- 2.2. Legal Comparison.- 2.3. Delimitation.- 3. Practical Significance of Research.- 4. Inquiry Outline.- 2: Terminology.- 1. Possible Terminological Difficulties.- 2. Ownership and Property.- 2.1. Ideological Concept.- 2.2. Legal Concept.- 2.2.1. Private Law Terminology.- 2.2.2. Terminology of the Constitution.- 2.2.3. Terminology of Reform.- 2.2.4. Polarisation of the Private Law Property and Constitutional Property.- 3. Public Interest, Common Weal and Public Purposes.- 3.1. Public Interest and Common Weal in the Constitutional Context.- 3.2. Public Interest, Public Purposes and the Property Clauses.- 3.2.1. Public Interest, Public Purposes and Expropriation.- 3.2.2. Public Interest, Public Purposes and Land Reform.- 4. The Relationship between Property and Public Interest.- 3: Legal Comparison and the Course of Inquiry.- 1. Legal Comparison as Method of Analysis.- 2. Comparative Analysis as Constitutional Directive.- 3. Possibilities for Legal Comparison.- 4. Similarities in the German and South African Property Orders.- 4.1. Bases of the Legal Systems and their Material Law.- 4.2. Corresponding Legal Problems.- 4.3. Comparable Legal Methods.- 4.4. Constitutional Principles.- 5. Differences between the German and South African Systems of Property Law.- 5.1. Drafting Circumstances.- 5.2. Wording of South African and German Property Clauses.- 6. Course of Inquiry.- Two: Background to the Constitutional Protection of Property in Germany and South Africa.- 4: The Drafting Histories of the South African and German Constitutional Property Clauses.- 1. Relevance of an Historical Inquiry.- 2. Germany: Development of Property Protection Under a Constitution.- 2.1. Historical Background of article 14 GG.- 2.1.1. First Attempts at Constitutional Protection of Property.- 2.1.2. Property Protection in the Weimar Republic and Under National-Socialism.- 2.1.3. Circumstances Influencing the Drafting of article 14 GG.- 2.1.4. Constitutional Property Protection in a Reunified Germany.- 2.2. Relevance of article 14 GG for the German Property Order.- 3. South Africa: Negotiating a Constitutional Property Clause.- 3.1. Historical Background to the Property Clauses.- 3.1.1. The Inclusion of a Property Guarantee in the Constitution.- 3.1.2. Compromises Incorporated in Section 28 IC and Section 25 FC.- 3.1.3 Certification of Section 25 FC.- 3.2. Relevance of the Constitutional Property Clauses for the South African Property Order.- 4. Constitutionalism and Socio-economic Needs.- 5: Structure of the Constitutional Protection and Regulation of Property in Germany and South Africa.- 1. External Aspects of the Constitutional Property Clauses.- 2. "Positive" and "Negative" Guarantees.- 2.1. The German Property Guarantee.- 2.2 The South African Property Guarantees.- 2.2.1. Section 28 IC.- 2.2.2. Section 25 FC.- 2.3. Legal-comparative Evaluation.- 3. Basic Structure of an Inquiry into the Constitutional Property Clause.- 3.1. Structure of Human Rights Litigation in General.- 3.2. Substantive Issues Relating to the Property Clause.- 3.2.1. Claims Arising from the Constitutional Property Clause.- 3.2.1.1. The Claim to Have Property.- 3.2.1.2. Eligibility to Hold Property.- 3.2.1.3. Insulation of Private Property from State Interference.- 3.2.1.4. Immunity against Uncompensated Expropriation.- 3.2.2. Stages of Inquiries Based on the Constitutional Property Clause.- 3.2.2.1. Inquiries into the Constitutional Validity of an Interference with Property.- 3.2.2.1.1. "Threshold Question".- 3.2.2.1.2. Infringement Question.- 3.2.2.1.3. Justifiability.- 3.2.2.2. Inquiries Regarding the Payment of Compensation.- 3.2.3. Summary: Object of Protection and Nature of Limitation.- 3.3. The Structure of the Judicial System and its Relevance for a Constitutional Property Inquiry.- 3.3.1. The South African Judicia...
Book Synopsis Understanding the Concept of Condominiums by : Ajithaa Edirimane
Download or read book Understanding the Concept of Condominiums written by Ajithaa Edirimane and published by Ajithaa Edirimane. This book was released on 2006 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reframing Intellectual Property Law in Sri Lanka by : Althaf Marsoof
Download or read book Reframing Intellectual Property Law in Sri Lanka written by Althaf Marsoof and published by Springer Nature. This book was released on 2022-11-29 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a reflection on domestic intellectual property lawmaking from a developing country’s perspective. It focuses on Sri Lanka—a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka’s obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka’s domestic intellectual property regime to better address the country’s domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.
Book Synopsis Land Law in Asian Countries by : Oleg Igorevich Krassov
Download or read book Land Law in Asian Countries written by Oleg Igorevich Krassov and published by XSPO . This book was released on with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph covers the issues related to the evolution of land tenure systems, land reforms, the main features of formal land law that is in force in the various legal systems of the countries of South, East, and Southeast Asia, and customary land rights. The current state of land law in Asian countries: land rights, the provision and suspension of these rights, the relationship between formal law and customary land tenure systems, the problems of recognizing customary communal land rights are analyzed. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in issues of land, civil law and comparative jurisprudence.
Book Synopsis Sri Lanka Investment, Trade Laws and Regulations Handbook Volume 1 Strategic Information and Basic Laws by : IBP USA
Download or read book Sri Lanka Investment, Trade Laws and Regulations Handbook Volume 1 Strategic Information and Basic Laws written by IBP USA and published by Lulu.com. This book was released on 2013-08 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Updated Reprint. Updated Annually. Sri Lanka Investment and Trade Laws and Regulations Handbook
Book Synopsis Law, Property and Disasters by : Daniel Fitzpatrick
Download or read book Law, Property and Disasters written by Daniel Fitzpatrick and published by Routledge. This book was released on 2021-05-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-considers property law for a future of environmental disruption. As slogans such as “build the wall” or “stop the boats” affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.
Book Synopsis The International Survey of Family Law by : Andrew Bainham
Download or read book The International Survey of Family Law written by Andrew Bainham and published by Martinus Nijhoff Publishers. This book was released on 1998-02-05 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "International Survey of Family Law," published on behalf of the International Society of Family Law, is the successor to the Annual Survey of Family Law'. It provides information, analysis and comment on recent developments in Family Law across the world on a country-by- country basis. The "Survey" is published annually and its subtitle reflects the calendar year surveyed. Where a country has been regularly surveyed each year, the developments discussed correspond to the year in question. If certain countries have not been surveyed for some years the contributions will usually attempt to cover the intervening period. This applies, for example, in the present volume to the contributions relating to China and Turkey. If countries are being covered for the first time, then more background information will be provided about the state of family law in the country in question. The "Survey" also contains an article dealing with the more significant developments in international law affecting the family.
Book Synopsis Essays on Property and Labour as Connected with Natural Law and the Constitution of Society by : Francis Lieber
Download or read book Essays on Property and Labour as Connected with Natural Law and the Constitution of Society written by Francis Lieber and published by . This book was released on 1842 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Report: Sri Lanka by : Oxford Business Group
Download or read book The Report: Sri Lanka written by Oxford Business Group and published by Oxford Business Group. This book was released on 2016-05-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the presidential and parliamentary elections in 2015 instigated a wait-and-see approach within Sri Lanka’s private sector, the outcome is expected to be positive in the longer term, bringing improved stability and a more encouraging environment for foreign investment. Under what has been described as a more liberal, open and business-oriented government, Sri Lanka is entering a period in which it stands to grow rapidly. In 2016 the country should begin to see the benefits of the recent reform agenda, as the new leadership introduces policies that will help bring about strong and sustainable growth.
Book Synopsis The Foundations of International Investment Law by : Zachary Douglas
Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by OUP Oxford. This book was released on 2014-05-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Book Synopsis Asia-Pacific Trusts Law, Volume 1 by : Ying Khai Liew
Download or read book Asia-Pacific Trusts Law, Volume 1 written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.
Book Synopsis The Laws of Sri Lanka by : Sri Lanka
Download or read book The Laws of Sri Lanka written by Sri Lanka and published by . This book was released on 1976 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporate Ownership And Control: Corporate Governance And Economic Development In Sri Lanka by : Shalini Perera
Download or read book Corporate Ownership And Control: Corporate Governance And Economic Development In Sri Lanka written by Shalini Perera and published by World Scientific. This book was released on 2010-12-14 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The governance of companies is of importance to developing countries due to the link between effective corporate governance and economic development. Ownership and control of public companies, except in the US and UK, is often in the hands of a few individuals, families or corporate groups and impact on corporate governance and economic development.Using Sri Lanka as an illustrative example, Corporate Ownership and Control sets out the implications of corporate ownership and control structures on the governance of companies, and suggests a reform agenda to meet the challenges posed by such structures. Any analysis into the reform of corporate governance in developing countries should begin with a focus on the local market structures that define its adaptation and effectiveness. The issues explored in the book provide an insight into ownership and control structures in Sri Lanka, the costs and benefits of such structures, and the necessary reform framework to promote effective corporate governance. The analysis can be used to both understand the impact of ownership structures on corporate governance, and suggest how corporate governance issues arising from such structures should be resolved in order to promote economic development and growth.
Book Synopsis Performers’ Rights in Sri Lanka by : Gowri Nanayakkara
Download or read book Performers’ Rights in Sri Lanka written by Gowri Nanayakkara and published by Springer. This book was released on 2019-04-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores whether global music copyright law and the performers’ rights regime (PRR) have been able to improve the economic position of artists, as they were originally intended to. The author investigates whether this regime effectively addresses contemporary issues regarding royalty payments and cover songs in Sri Lankan music, drawing on the empirical findings of a case study she conducted on the Sinhala music industry. She finds that the PRR developed internationally and implemented in Sri Lanka is predicated on a particular view of the role of performers and their relationships with other actors in the music industry; although this view can be found in the USA, UK and India, it does not seem to reflect the established practices and relationships within Sri Lanka’s contemporary music industry. While providing a socio-historical and legal analysis of these differing industrial settings and investigating the manner in which they impact the PRR’s (in)ability to deliver improved economic security for Sinhala singers, the book also offers policymakers recommendations on how to supplement current national copyright law and the PRR in order to provide a secure economic position for music artists in Sri Lanka.
Book Synopsis Sri Lanka Business and Investment Opportunities Yearbook Volume 1 Practical Information, Opportunities, Contacts by : IBP, Inc.
Download or read book Sri Lanka Business and Investment Opportunities Yearbook Volume 1 Practical Information, Opportunities, Contacts written by IBP, Inc. and published by Lulu.com. This book was released on 2018-02 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Updated Reprint. Updated Annually. Sri Lanka Business and Investment Opportunities Yearbook
Book Synopsis The International Law on Foreign Investment by : M. Sornarajah
Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2010-05-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thought-provoking and authoritative text on this fast moving field of international law.
Book Synopsis ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Mutual Legal Assistance, Extradition and Recovery of Proceeds of Corruption in Asia and the Pacific: Frameworks and Practices in 27 Asian and Pacific Jurisdictions – Final Report by : OECD
Download or read book ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Mutual Legal Assistance, Extradition and Recovery of Proceeds of Corruption in Asia and the Pacific: Frameworks and Practices in 27 Asian and Pacific Jurisdictions – Final Report written by OECD and published by OECD Publishing. This book was released on 2008-12-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this report is to provide an overview of the legal and institutional framework for extradition and mutual legal assistance in corruption cases in 27 of the 28 jurisdictions which have endorsed the Anti-Corruption Action Plan for ...
