According to Academy rules, the winner of an Oscar has the right of possession but not ownership, and that's why the statue cannot legally be sold to anyone without first offering it to the Academy for $1.
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For example, an owner of residential property may assign the right of possession to a property manager under a property management contract who may then assign the right of possession to a tenant under a rental agreement. There is a rebuttable presumption that the possessor of property also has the right of possession, and evidence to the contrary may be offered to establish who has the legal right of possession to determine who should have actual possession, which may include evidence of ownership (without assignment of the right of possession) or evidence of a superior right of possession without ownership. Possession of a thing for long enough can become ownership by termination of the previous owner's right of possession and ownership rights. In the same way, the passage of time can bring to an end the owner's right to recover exclusive possession of a property without losing the ownership of it, as when an adverse easement for use is granted by a court.
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Possession is one of the most important concepts in property law. There are three related and overlapping but not identical legal concepts: possession, right of possession and ownership. In common law countries, possession is itself a property right. The owner of a property has the right of possession and may assign that right wholly or partially to another who may then also assign the right of possession to a third party.
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Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession"."[A] taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession" (Rolfe B), Fouldes v. Willoughby In England & Wales, it is a tort of strict liability.Kuwait Airways Corp. v.
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The existence and handling of repossessions varies greatly between jurisdictions. In most jurisdictions outside of the U.S., self-help is limited to real estate, and otherwise the right of possession can only be enforced by a court or other official agents.
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Thirdly, you might take something from another person without their consent. Possession acquired without consent is a property right which the law protects. It gives rise to a right of possession which is enforceable against everyone except those with a better right to possession.
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The word aigen, Old High German eigan, means to own and as a noun refers to the (inherited) property or the freedom to own property. Eigentuom is a Middle High German word and stands for the free right of possession. An Aigner is therefore a free, non-assessable farmer.
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El Tiempo is a Honduran daily newspaper owned by Jaime Rosenthal.pressreference.com, HONDURAS Press, Media, TV, Radio, Newspapers, accessed 24 July 2009 On August 31, 2000, the internet domain www.tiempo.hn was purchased by Banco Continental with a 15-year right of possession. On July 19, 2019, the site www.tiempo.
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A figure of 25 years was established, after which the right of possession of a chapel could not be challenged on doctrinal grounds. Baron Cottenham added a clause to protect two chapels in Dublin over which litigation was already active. Despite extensive opposition from religious groups the bill passed.Chadwick, p. 394.
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George Steevens, finding an analogy in The Rape of Lucrece, glosses it as "entitled (ie, ennobled) by these things." Nicolaus Delius has it "established in thy gifts, with right of possession." Sidney Lee has "ennobled in thee", reversing the relationship between beloved and "parts." It is commonly agreed that the image is drawn from heraldry.
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The UVPRA bases the legal consequences of no-fault casualty loss on the right of possession of the property at the time the loss occurs. See Brush Grocery Kart v. Sure Fine Market, 47 P. 3d 680 (Colo. 2002). Generally, the provisions of the UVPRA can be modified or avoided in the Land Sale Contract.
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Stair Memorial Encyclopaedia, Vol 18, Property, Ch 4, Possession, para 127. Those without the real right of possession (the ius possisendi) have only a personal right (or right in personam) to possess the property. However, as will be explained, the real right of ius possisendi is not an autonomous standalone right in itself.Gretton, George Lidderdale,.
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The island is currently for sale for the price of $30,000; however, the island is not titled much like 95% of the Panamanian islands and is only available with a Right of Possession. Isla Gatun is 820m northwest of the small fishing village Arenosa. The village Arenosa also has a small marina, restaurants, and cell phone reception.
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An action for conversion may be maintained by persons having the immediate right of possession of the article converted.McKee v. Gratz, 260 U.S. 127, 67 L. Ed. 167, 43 S. Ct. In order for a plaintiff to recover in a suit for conversion, it is necessary that the plaintiff establish a right to the property and what is converted.Groves v.
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The exercise of ownership over property may take a number of forms. All that is required is that the defendant exercise control over the chattel in a manner inconsistent with the plaintiff's right of possession. The gist of a conversion is not the acquisition of the property by the wrongdoer, but the wrongful deprivation of another's property which the owner is entitled to possess.18 Am. Jur.
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Glanfeuil had been placed under the authority of another relative of Ebroin's, Abbot Ingelbert of Saint-Pierre-des-Fossés, by the Emperor Louis the Pious in 833. Ebroin became Bishop of Poitiers, and in 844 bestowed the office of abbot on Gausbert's son Gauslin. On 14 July 847 Charles the Bald confirmed Ebroin's right of possession of the abbey, apparently without oversight from Fossés, and its heritability in his family.Wood, Susan.
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Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute. As with all equitable remedies, orders of specific performance are discretionary, so their availability depends on its appropriateness in the circumstances. Such order are granted when damages are not an adequate remedy and in some specific cases such as land (which is regarded as unique).
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He imagines certain combinations by which this triple tyranny can be abolished. His solution seems to require the creation of families without heads, countries without governments and property without right of possession. In politics he advocates absolute equality — a democracy. Leroux's significance in the history of ideas lies in his attempt to resuscitate spirituality and community in France in the wake of the revolutionary decades of the 1790s and the Napoleonic Era.
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Each seat was also required to give a horse to the new count at his installation. The counts also received the royal revenues from the Saxon territories under their jurisdiction. However, most of their revenues came from the estates attached to the royal castles that they held outside Székely Land. The counts kept the right of possession of these royal castles after most high officers of the realm had lost such rights around 1402.
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According to Palestinian historian Nur Masalha, Eretz Israel was a religious concept which was turned by Zionists into a political doctrine in order to emphasize an exclusive Jewish right of possession regardless of the Arab presence. Masalha wrote that the Zionist movement has not given up on an expansive definition of the territory, including Jordan and more, even though political pragmatism has engendered a focus on the region west of the Jordan River.
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Lyotard was impressed by the importance of childhood in human life,J-F Lyotard, The Postmodern Explained to Children (London 1992) p. 112 which he saw as providing the opportunity of creativity, as opposed to the settled hubris of maturity.R Shields ed., Rereading Jean-Francois Lyotard (2016) p 142 In "Mainmise", however, he also explored the hold of childhood experience on the individual through the (Roman) concept of mancipium, an authoritative right of possession.
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During the seventeenth and eighteenth centuries the action of trover largely replaced trespass for wrongful distress. Replevin and trover never completely coincided, because there was a limitation on replevin. Replevin remains the modern action, albeit defined by statute, for recovery of chattels pending a decision of the right of possession. It lies only where the possession was taken from the plaintiff, whether under colour of legal process or otherwise, by an act having the nature of a trespass.
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It has never yet been held that the single act of removal of a > chattel, independent of any claim over it, either in favour of the party > himself or any one else, amounts to a conversion of the chattel.” Rolfe B gave a now well recognised definition of conversion that it is, > "a taking with the intent of exercising over the chattel an ownership > inconsistent with the real owner's right of possession". Instead, the ferryman was liable for trespass.
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Christian owners of houses in the ghetto could keep their property but, because of the jus gazzagà (right of possession) they could neither evict the Jews nor raise rents.About, 96: Around 1860, rent for a large apartment in the ghetto was 30 scudi per month; the rent had remained the same since the reign of Urban VIII. The same apartment on the free market cost 450 scudi. Gates were added as the ghetto was successively enlarged.
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The seventh and eighth lines state that the eyes disagree with the heart and argue that they are capable of detecting of the beauty of a person. The third quatrain sets up the decision to be made about this 'battle'. Lines 9–10 explain that deciding this legal right of possession requires a jury of thoughts and these thoughts are all tenants of the heart. The jury decides the verdict and what share (moiety) the clear eye and dear heart will receive.
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The term registered owner is usually used in instances of title of a vehicle (such as an automobile) to refer to the person who has right of possession of the vehicle, as opposed to the party that has right of property. The party that has right of property is referred to as a lienholder, and in the event the registered owner fails to pay off the lien according to the agreed-to terms, the lienholder has the right to invoke repossession of the vehicle.
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The German emperors apparently claimed this right of possession more for the sake of taxing the Jews than of protecting them. A variety of such taxes existed. Louis IV, Holy Roman Emperor, was a prolific creator of new taxes. In 1342, he instituted the "golden sacrificial penny" and decreed that every year all the Jews should pay the emperor one kreutzer out of every gulden of their property in addition to the taxes they were already paying to both the state and municipal authorities.
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This obligation means, first, that the seller must make the thing available in such a manner that no-one is alleging any immediate right of possession over the res. In other words, at the time the thing is made available, the buyer must acquire free and undisturbed possession.Abdulla v Long 1931 CPD 305. Secondly, it means that the seller must make available the thing sold in such a way that no-one in future can establish a superior legal right to the thing against the buyer.
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In 844 Ebroin bestowed the office of abbot on Rorig's son Gauslin. On 14 July 847 Charles confirmed Ebroin's right of possession (ius [et] dominatio) of abbey, apparently without oversight from Fossés, and its heritability in his family. In 839 Ebroin sided with Charles the Bald against Pippin II in the battle for the subkingdom of Aquitaine, which had been ruled by Pippin I, Charles' brother and Pippin's father, until his death in 838. According to the Vita Hludovici, Ebroin was Charles's advisor on Aquitainian affairs.
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In Sykes v Walls , a claim of wrongful detention by a bailee was upheld as a good claim on the ground that a refusal to deliver up constituted a "misfeasance". By this case, trover became virtually concurrent with detinue. When a chattel had been found, and there was a subsequent refusal to deliver it to the owner, it was taken as evidence that a conversion had occurred. Trover was a wrong against the right of possession and not against the possession itself, because possession was prima facie in the wrong-doer.
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Intermittent fighting erupted everywhere, harassing the Greek forces throughout Cilicia. In 1168, emperor Manuel I, obsessed with his dilemma with Thoros, marched his armies into Cilicia for the third time under the command of Konstantinos Kalamanos. But Kalamanos was able to produce only limited successes which in the end induced Byzantium to renounce its right of possession of the whole of Cilicia so long as it had access to the ports of the Gulf of Alexandretta. Byzantium also disclaimed all rights to direct government of Cilicia and accepted in settlement only Thoros's recognition of Byzantine suzerainty.
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Instead of migrating with their goats in search of pasture, the majority of the Bedouin migrated in search of wage-labor. In the mid-1970s Israel let the Negev Bedouin register their land claims and issued special certificates that served as the basis for the "right of possession" later granted by the government. Following the signing of the Treaty of Peace with Egypt, it became necessary to move an airport from a Sinai peninsula to a locality inhabited by some five thousand Bedouin. The government, recognizing these land claim certificates, negotiated with the certificate holders and paid compensation to them.
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In 1991 an assessment was initiated after the Keweenaw Bay Indian Community requested the return of the Ontonagon Boulder as a sacred object. A preliminary analysis indicated that the tribe presented insufficient evidence to establish that the boulder fit the definition of a sacred object under the Native American Graves Protection and Repatriation Act. Consultations were held with the tribe in 1998 and 1999, including a visit to the area in which the boulder was originally located. In 2000, the Repatriation Office decided that the Ontonagon Boulder does not fit the definition of a sacred object under the repatriation law, and the right of possession belongs with the Smithsonian Institution.
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NAGPRA also establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands. While these provisions do not apply to discoveries or excavations on private or state lands, the collection provisions of the Act may apply to Native American cultural items if they come under the control of an institution that receives federal funding. Lastly, NAGPRA makes it a criminal offense to traffic in Native American human remains without right of possession or in Native American cultural items obtained in violation of the Act. Penalties for a first offense may reach 12 months imprisonment and a $100,000 fine.
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Etching of the expulsion of the Jews from Frankfurt on August 23, 1614: The text says, "1,380 persons old and young were counted at the exit of the gate." The legal and civic status of the Jews underwent a transformation under the Holy Roman Empire. Jewish people found a certain degree of protection with the emperor of the Holy Roman Empire, who claimed the right of possession and protection of all the Jews of the empire. A justification for this claim was that the Holy Roman Emperor was the successor of the emperor Titus, who was said to have acquired the Jews as his private property.
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An agent entrusted by a principal with the possession of goods is generally recognized as having a sufficient interest in the goods to enable him to maintain an action against a third person for a conversion. Some jurisdictions hold that the agent must have more than a mere right of possession. A similar result has been reached where the servant left the property in the possession of the defendant, who subsequently converted it. Where a sheriff attached chattels and delivered them for safekeeping to a person, the person was merely the sheriff's servant, and having no interest in the chattels, could not maintain an action for their conversion.
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Patridge, 12 Me. 243 A transferee of personal property, or interest therein, who acquires the right of possession by or through the transfer, may maintain an action for a conversion committed after the transfer, though he has not yet received actual possession of the goods.44 A.L.R. 435 A creditor, having no interest, generally may not be a plaintiff in an action to retrieve a debtor's converted property.Quaker Oats Co. v. McKibben, An owner of land may bring an action in conversion, but he must be in material possession of the land and of the property severed from the land at the time of the conversion.
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They occupied the military camp until the end of the war in 1945. After the Philippines gained its political independence from the United States on July 4, 1946, the US surrendered the Republic of the Philippines all right of possession, jurisdiction, supervision and control over the Philippine territory except the use of the military bases. On May 14, 1949, Fort William McKinley was turned over to the Philippine government by virtue of the US Embassy Note No. 0570. Fort McKinley was made the permanent headquarters of the Philippine Army in 1957 and was subsequently renamed Fort Bonifacio after the Father of the Philippine Revolution against Spain, Andres Bonifacio.
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From Germany, Solomon fled to the "Cumans"in fact Pechenegs, according to the historians Gyula Kristó and Pál Engelwho were dwelling in the regions east of the Carpathian Mountains and north of the Lower Danube. Solomon promised one of their chiefs, Kutesk, that "he would give him the right of possession over the province of Transylvania and would take his daughter as wife" if Kutesk and his people would help him to regain his throne. They invaded the regions along the Upper Tisza "with a great multitude" of the "Cumans", but King Ladislaus routed and forced them to withdraw from Hungary. At the head of "a large contingent of Dacians"Anna Comnena: The Alexiad (7.1.), p. 217.
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All males of the family were granted the title of Baron in 1604, and Counts of the Holy Roman Empire (Reichsgraf) in 1629. The title of Prince was conferred upon the head of the family, along with the style of Durchlaucht (Serene Highness), in the Austrian Empire in 1911. They were hereditary members of the Austrian House of Lords, in right of possession of the entailed lordship of Tetschen since 1879. In 1621 the family acquired The Chateau at Klášterec nad Ohří, Bohemia, in 1629 Eulau Castle, expropriated in 1946, in the second half of the 17th century Děčín Castle (German: Tetschen), then the family's main seat until it was sold in 1932.
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Severability was further reinforced by the Homestead Act of 1862 (OHA) and the 1862 Railroad Act. Agricultural patents and the California gold rush of 1848 began placing lands that were mineral abundant into private hands and furthered the precedent of mineral rights outweighing surface rights. This was a crucial step in the development of an economic system based largely on private incentives and market transactions. An early case involving a property dispute between a father and son involving ownership of coal veins in Pennsylvania is cited stating; “One who has the exclusive right to mine coal upon a tract of land has the right of possession even as against the owner of the soil, so far as it is necessary to carry on mining operations.” (Turner v.
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But due to their semi-nomadic way of life, Bedouin did not realize the need to register their ownership rights since it brought with it responsibility to pay taxes, and they suffered from it later. In the mid-1970s, Israel let the Negev Bedouin register their land claims and issued special land claim certificates that served as the basis for the "right of possession" later granted by the government. These certificates served as the base for paying compensations to some 5000 Negev Bedouin when, following the signing of the Treaty of Peace with Egypt, there was a need to move an airport from Sinai to a Bedouin locality. After negotiations, all the local land claim certificate holders received money compensations and moved to Bedouin townships, where they built new houses and started businesses.
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The main issue during Buconjić's episcopate diocese was the division of parishes between the diocesan clergy and the Franciscans, who tried to confirm their dominance in Herzegovina with Rome. Even though the papal bull Ex hac augusta ended the privileges the Franciscans enjoyed in their missionary work, they still wanted to retain all of the parishes in the diocese. The Franciscans were confident Buconjić, who himself was a Franciscan, would not disturb their possession of parishes. In December 1881, however, Custos Marijan Zovko wrote to the General of the Order about the parishes in Herzegovina. The General asked Zovko about the right of possession of those parishes, to which Zovko replied in February 1882 the Franciscans had established and controlled those parishes, and therefore had patronage over them.
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In 1664, James, Duke of York was granted a proprietary colony which included New Netherland and present-day Maine. The New Netherland claim included western parts of present-day Massachusetts (to an extent that varied depending on whether the reference was the States General claim of all lands as far east as Narragansett Bay or the Treaty of Hartford negotiated by the English and Dutch colonies in 1650 but not recognized by either the Dutch or English governments) putting the new province in conflict with the Massachusetts charter. In general terms, the charter was equivalent to a conveyance of land conferring on him the right of possession, control, and government, subject only to the limitation that the government must be consistent with the laws of England. The Duke of York never visited his colony and exercised little direct control of it.
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The use of or intermeddling (a term usually applicable to estate law) with the property of another has often been held to constitute a conversion, whether the act is done by one who had no authority to use the property, or by one who has authority to use the property but uses it in an unauthorized way. Any unjustified exercise of dominion over property by one who is not the owner nor entitled to possession which interferes with the right of possession of another who is lawfully entitled thereto constitutes a conversion. According to the Restatement (Second) of Torts, one who uses a chattel in a manner which is a serious violation of the right of another to control its use is subject to liability to the other for conversion.Restatement (Second) of Torts § 22717 A.L.R.2d 128920 A.L.R. 37451 A.L.R. 1462 A conversion may be predicated upon destruction of personal property.
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Spain had no treaties with any of the Indian tribes in > Louisiana, fixing limits to their claims, so far as we are informed. The > Indians were kept quiet, and at peace with Spanish subjects, by kind > treatment and due precautions, which did not allow obtrusion on lands > claimed by them, without written permits from the Governor; but that such > permits were usual, cannot be doubted.55 U.S. at 522. Again in dicta, the Court seemed to apply the concept of adverse possession to aboriginal lands: > [The plaintiff's tract] was held and improved by authority of the Spanish > government, and claimed as individual property, to which the Indian right of > possession did not extend; of this the Indians never complained, nor do they > now complain; no half-breed owner and Indian descendant is defending this > suit; it is defended by trespassers, showing no color of claim under the > half-breeds, or any one else; shelter is sought under the assumption that > Honoré's permit and inhabitation were neither known or recognized by the > Sacs and Foxes, and that therefore, the additional article of the treaty of > 1804, cannot protect the title of Reddick. . . .
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James Shepherd was claiming a right of possession of this land. Milson next mentions that this 100 acres was part of the land given up by John Macarthur to the Government. He then claims that John Macarthur had "begged that the piece of land alluded to if located to anyone might be given to" James Milson. Milson then asked for Governor Brisbane to redress this grievance and to confirm Milson's order of possession from Mr Oxley. The order of possession that Milson had from the hand of John Oxley said: :The farm originally granted to Cover of 100 acres situated at Pennant Hills, District of Field of Mars, having been surrendered to the Crown; James Milsom, being entitled to receive one hundred acres under an order of his Excellency the Governor, is hereby authorised to take possession of the same subject to the future confirmation of this authorisation by His Excellency the Governor. (signed) J Oxley, Surveyor General by (illegible) 15 Sep 1821 On 8 November 1822, James Shepherd dictated a memorial to Governor Sir Thomas Brisbane giving his side of the land dispute.
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