Law on Legal Property

Law on Legal Property

A law that carries different forms of properties and ownership of the actual land and that particular property that is included in the legal system of law. In the Justinian code there is separation in the changeable and personal property. Changeable property is more or less coinciding with the personal possessions whereas permanent property coincides with actual farm and the connected constitutional rights and eventual agreement.

The perception, design or the land philosophy manages all the commandments of law. According to number of arbitration all of the land was kept by emperor and this was done through primitive property possession or additional federal systems of constancy and loyalty.

Although the civil code was the very first step of government in the modern era to introduce the idea of complete possessions into sculpture, private possessions defense can be seen in legislation of medieval Islamic constitution and in the additional feudalistforms in the ordinary court commandments of recent and medieval England.

According to the view point of Humphrey’s draft, right of marketable, manufacturer and various other business making activities that generate profit was controlled by the national law and the state has the right to use the private land and can regulate the acquisition. Socialists and Latin American countries fully supported this rule whose state was protecting their personal land and give the right to their state to use the means of production.

Property Rights

Property rights are privileges over things avoided against all other persons. By distinction, properrights are rights enforceable in contradiction ofspecific persons. Material goods rights may, nevertheless, arise from anagreement; the 2 systems of rights intersection. In relation to the sale of land e.g. 2 sets of legal relationsarein conjunction with one another: the predetermined right to take legal action for compensations and the property right exercisable above the land. More insignificant property rights may be formed by contract, as in the circumstance of covenants, equitable servitudes and easements,

A singledifference is evident where the rights granted are inadequatelysignificant to discuss on right in the thing or the non-owner a definable interest. The perfect example of these constitutional rights is the license. Even if authorizations are formed by a binding contract, they do not give rise to material goodsbenefits.

From 2009, in a case the European Court of Human Rights (ECHR) inferred the right to property with pre-retirement profits. This encouraged a sarcasticremark from the president of BCC (Belgian Constitutional Court) to the consequence that the judges in Strasbourg had attained somewhat that not even Karl Marx had been able to do. The European Court of Human Rights find that full advantage based on market value would normally be essential for appropriation to obey with the European Court Human Rights.

But, returns of less than the full market value may be enough if the compelling of property follows “social justice.” Or “measures of economic reform” These groupings are clearly very wide-ranging and lack any expressive definition, discussing a disturbing degree of preference on governments whereas reducing the defense of property holders from illogical, ideologically acceptable attacks.

The Virginia Announcement of Rights from 1776 confirmed property an inborn right of all the human beings, and the right to property is endangered by the 5th Improvement to the U.S. Composition. That the right to property was well thought-out a condition for specific rights is perfect from James Madison’s essay on property from 1792, in which he stated that: Government is introduced to keep property of each kind; as well that which lies in the several rights of peoples, as that which the period mostly expresses.

An income duty is a tax executed on a person or objects that differs with the income or salaries of the taxpayer. Some authorities mention to income tax on business entities by means of companies tax. Corporations usually are not taxed; somewhat, the followers are taxed on their part of partnership substances. Tax may be executed by both subdivisions and country. Most authorities exempt locally prearranged charitable organizations from tax.

Initial cases:

Usually Egypt has been recognized income tax first.  These taxes were mainly based on different calculations related to property and wealth in earlier days of the Roman Republic. In normal conditions the tax rate was 1% which may lead high during conditions like war to 3%. These uncertain taxes were usually charged against financial property, homes, lands, animal slaves and personal items. A person having more property would pay more taxes and it was collected from every person individually.

Emperor Wang Mang of the Xin Dynasty in 10 AD, for expert and specialist employments introduced 10% rate of income tax of profits. Later in 23 AD he was defeated and the earlier rules were again followed till HanDyanasty was reconstructed.

In 1188 fund raiser for Third Crusade, Saladin tithe the first income tax was introduced by Henery II. The demand of tithe was that every layperson in Wales and England should pay tax 10% of their personal property and income.

Advice to Brian

The problem in the whole scenario is just because of the fact that there was no proper contract signed between Brian and Rachel as well as for the Robert when he came back from Sydney after completing his law studies. What Brian should have done at the first place was to make a contract deal with Robert as well as with Rachel. As Robert has started demanding the Rutherford Station from Brian and claimed that it should be presented to him as he took care of it when Brian was not well. But on the other hand, Brian has also promised Ian that the farm will be allotted to him if he will keep handling the farm properly. So, now at present condition, both of them have not been satisfied with the things going on between their father and themselves.

Brian has not contracted with either of them so that’s why he is claiming that Rutherford Station is still his own property and no one can own it. Ian is also looking for legal advice as he believes that his father has betrayed him. Robert, on the other hand is also not happy with his father as he look after the business of Rachel as well and he is demanding that Rutherford should be presented to him as a present from Brian. The legal advice to Brian is to make a contract with either both of them or with Ian because according to the law of ethics, it is not fair if you have promised something to anyone and you do not fulfill it later on. So, it is better if Brian just take the responsibility and handover the Station to both of them as a 50/50 partnership or else he can keep the property himself because there is no paper work done or no contract was signed between each of the parties (Andrews 2016).

Brian has made a mistake earlier that he did not sign a contract with Ian that he will get the farm after all and meanwhile, Robert took over the rest of the business and was expecting that Brian will present him the station ownership as a present. Brian would have been on the safer side if he had a contract signed with Ian earlier because then Robert would not be able to ask Brian to handover him the Rutherford Station. Meanwhile, the amount invested on setting up the business for Rachel has hit back with a tax of 150,000$ to Brian instead of hitting Rachel because Brian just kept the property on his own name. Instead, he should have forwarded the ownership to Rachel so that she herself could bear the tax expenses.

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Is Economics Aid Good Or Bad For Africa ?

               Introduction

•      The PPT shall cover the following points:

•      The Need of Economic Aid in Africa

•      The Role of such Aids

•      The Positives of Grants from major developed economies

•      The negatives of the same

•      An analysis and discussion on the pivotal point of – whether Aids are Good or Bad

Africa’s Economic Crisis and the Problems it faces

•      The incomes of households on a general basis is low. Many countries of Africa are Malnutrition-ed to the extent of depending on food and grants from others (Whiteside, 2010)

•      The Poor Production is another reason that makes them poorer and leads to further unemployment

•      Continuous stagnation has caused the morale and attitudes of the people go down and thus killed the fighting spirits in them.

•      HIV Aids is rampant in Eastern and Southern Africa depleting the manpower and draining the Plummeted resources.

•      With 130 million people leading a poor life in rural areas with maximum countries having an average annual per capita income numbered to less than US$400, this country is in need of funds to uplift its level of living (the OECD, 2016)

•      Rural poverty  leads to limited availability cultivable land and the unfortunate effect of droughts and floods,  poor transport, horrendous infrastructure, widespread illiteracy, weak government, poor association of economy, and the lack of manpower or youth, leaves the major dependence on Aids as a way of life (Easterly, 2003).

What factors make Africa a vulnerable Continent,  in need  of Aids to sustain life.

•      Africa depends on prosperous nations for support. Whether or not these aids are really required depends on factors like the economy, the associated social structures, which further shapes the attitudes and general way of living. Here are a few reasons Africa needs Aids.

 The Benefits of Aids

•      Aids makes Education possible for and lifts the workforce standards of Africa.

•      It makes land and resources available for rural farming and production processes.

•      Aids can lead to decreased stigma, and boost morale and skills of local community members and increased levels of motivation.

•      Africa has gained infrastructural set ups of the day like roads, medical centers and institutions, hospitals, financial institutions, banks, and flourishing industries which render output that further goes into developing yet other aspects of the economy (Brautigam, n.d.).

•      It can make the Government more answerable and thus responsible.

•      It can help fight medical illnesses and tough floods and famines. HIV is a crippling condition among Africans and Grants and Aids from other countries can give life saving benefits to such ill people (Brautigam, n.d.).

•      It can add to domestic incomes, the standard of living, and mental peace of households, and thus let people be more involved and productive in turn.

Types of Foreign Economic Aids

•      Private forms of foreign direct investment which is undertaken by MNCs/ TNCs- FDI

•      Public and private development assistance which Donor Countries undertake

•      Project or specific Programme Aids which NGOs undertake

•      Commodity Aid  that is in the form of Capital Goods like food, raw materials, etc.

•      Foreign aid may flow-in in the form of goods, capital, technical and infrastructure assistance, etc., or even military support. 

More Strategic Intentions and Purposes of Aids from Powerful Nations

•      Major Powers which grant Aids to Africa are China and the US. THE main form of Grants and Aids they provide is called ODA (Official Developmental Assistance) (Moyo,  2009)

•      The purpose behind the grants, in addition to the moral mission, is analyzed as Influencing People And Befriending them  For Political Power

•      Public Diplomacy and Community Politics (Egendorf, 2005)

•      National Security and Power over the Aided Country

•      Innumerous African Orphans could add to instability on pivotal continents like the US. Thus these Powerful forces act to tame the manpower and keep energies channelized.

The Negative Effects of Economic Aids in Africa

•      Sometimes these Aids are used negatively. The negative effects in the radical times, seem to outnumber the positives.

•      The rate of corruption has gone up in African nations (Forbes.com, 2016).

•      The leaders are not ideally perfect and do end up enjoying themselves and buying luxury for their families.

•      The donor country does even dictate the recipient country as to how to use the funds; the purpose of which could be specific. In such a case Africa will continue to struggle to develop its identity and might.

•      Dependence on aids form influencers like China and the US  can  have a passive effect on the total infrastructure, and mainly on the attitudes of the inhabitants of the continent if the funds are not directed at educating and empowering them which is currently the case in Africa (Bjornskov, 2013). 

The Negative Effects of Aids in Africa (Cont..d…)

•      Leaders do not appropriately fructify the grants due to their selfish ambitions. Corruption increases, misappropriation of funds occurs.

•      The International Monetary fund is mishandled to lead to many woes.

•      In Ghana for instance, the poor remain poor and the rich become richer. Giving good money to a unworthy government and unhoned people make the situation worse (Miller, 2009).

•      Last of all, aids tend to pacify the nationals and in all ways manipulate the donor nation to follow their will.

•      For example, Ghana and Uganda had to turn down the aids at an instance when they refused to accept homosexuality as legal in their respective countries (Haugen, 2008).

Certain Views on The Role of Aids in an Economy

•      As per records prepared by the World Bank in 1998, all Assessing Aid is somewhat beneficial and raises the aided economies (Globalissues.org, 2016).

•       An M'hite Paper which the British Department propagated on the topic of International Development argued in 2000, in a paper similar to the Burnside and Dollar paper, by saying, “any grant assistance can alleviate poverty in countries in case the government is sound and working on firm policies (Miller, 2009).“

•      The Canadian International Development Agency in September 2002 laid down that “there is good evidence to establish that a sound policy environment determines aid effectiveness to the maximum extents (Haugen, 2008)."

•      In this same spirit, the president of the World Bank, James Wolfensohn, gave a speech shortly before the

Certain Views on The Role of Aids in an Economy (Cont…d….)

      Monterrey Conference wherein there were facts cited as per the aid community.

•      Wolfensohn, World Bank (2002) : “As per observations, corruption and ill policies, selfish and inefficient governance does affect aid negatively. (Moyo, 2009) "

•      As the Monterrey conference ensued, President George W. talked on similar lines, and stated on March 14, 2002 : The US would contribute a $5 billion plus to foreign aids. This is an increase of 50 percent.

How African Government is cutting down the efficiency of the Aids Received…

•      Lack of Accountability of the African Government is an issue. There are many NGOs working there and are funded by foreign Aid but the target they focus on is very limited.

•      Educated youth are busy dancing on the streets to Hip Hop. There is real need of educating them. The Government needs to focus on Infrastructure, studies, health and security (Egendorf, 2005).

•      Government is not far-sighted but concentrates on Aids for natural calamities and poverty relief. 

•      Leaders are corrupt within the African Government; so laid back that a celebrity becoming a leader is quite possibility (Egendorf, 2005).

•      No productive uses, like Investment and saving leaves the continent needy forever.

•      Inflation absorbs a lot of financial inflow. (DAMBISA MOYO, A Zambian Economist)

 Incidence of how Foreign Aid is Hurting Africa

•      Kiberia is the largest Slum in Africa

•      It has been receiving grants in huge figures yet data records that the growth and development has been negative (Moyo, 2009)

•      Kibera is located at the headquarters of the United Nations' agency which rolls out millions of Dollars for aiding human settlements. Yet here houses have Aluminium and cardboard roofs.

•      Alms to Africa is a welcome concept, but this case of Kiberia raises doubt and the problem stays undiagnosed. Government has no answer as to why so (Moyo, 2009)

•      Aids are failing to develop women’s life in slum areas; in fact the gender inequality is rising.

•      Kiberia is a clear indication of the situation of Corruption and unaccountability of the African Government.

Incidence of how Foreign Aid is Hurting Africa

•      Kiberia is the largest Slum in Africa

•      It has been receiving grants in huge figures yet data records that the growth and development has been negative (Moyo, 2009)

•      Kibera is located at the headquarters of the United Nations' agency which rolls out millions of Dollars for aiding human settlements. Yet here houses have Aluminium and cardboard roofs.

•      Alms to Africa is a welcome concept, but this case of Kiberia raises doubt and the problem stays undiagnosed. Government has no answer as to why so (Moyo, 2009)

•      Aids are failing to develop women’s life in slum areas; in fact the gender inequality is rising.

•      Kiberia is a clear indication of the situation of Corruption and unaccountability of the African Government.

Conclusion

•      Aids are a basic help for the people of Africa struck hugely by Poverty, Health Issues and a Passive Lifestyle

•      The Aids that are received are probably not directed to the problem areas

•      The Economic Grants are Misappropriated by the Government

•      The Aids, more than strengthening the country as a stable Nation  in Future is crippling and making it dependent (Bjornskov, 2013)

•      The Grants are also giving rise to corruption, Despondency, Manipulation and Lack of education and caliber

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Investment in Education is Identified as Most Important Investment

Investment in Education is Identified as Most Important Investment

            Education has been playing a significant role in the development of the person as well as the country in the past few decades. Education is the key driver for growth and development of an individual, country and a world. In today's world, most of the countries are still backward and unable to proceed towards development due to the inefficient investment and lack of education. Provision of education to most of the individual has led to the subsequent personality development as well as the progress of the country towards better and sustainable condition (Jong-Wha, 2014). Apart from this, education has also been contributing to increment in employment, awareness about health and technological innovation. All of this will act as a medium to enhance human capital resulting in the increased productivity and incomes (Symposium, 2012). In this regard, the following essay focuses on how investment in education can help developing countries.

            The benefits of investment in education in the developing countries have been discussed in this essay to gain a deeper understanding of the topic. Thus, the thesis statement can be stated as, “Whether the investment in education proves to be an important investment the developing countries can make or not.”

Need of Investment in Education in Developing Countries

            Poverty, unemployment, and lack of development are the major problems which every developing country is facing in present situation. The prime cause due to which a developing country is unable to move towards the direction of development is a lack of adequate and proper education. The country is believed to be driving towards the development only when the rate of poverty is decreasing by significant rate and employment opportunities are enhancing. Apart from this, the health condition of the citizen of any country also plays a vital role in the growth of the country. Thus, proper education not only teaches the proper ethics of living but also puts the person on the avenue of maintaining good health, employment and empowerment (Brandt, 2015).

            The prime reason due to which developing country are unable to grow and improve the economy of nation is their inability to make an effective investment in correct place in an efficient manner. Most of the developing nations invest significant part on the building infrastructures rather than making efforts to make an investment in education which can give long-term development goals. From the study, it has been observed that, on an average, The income of each person increases by 10 percent and the GDP of the nation increases by 18 percent with the boosting of proper education every year (Brandt, 2015 ).

            Education is not only beneficial for the individual but also it is advantageous for the nation. Education gives an opportunity to both the male and female to sustain in the world and contribute towards the personal growth as well as the overall development of the nation.  Furthermore, proper education will help in removing the barrier of gender between male and female as a result of which female will gain an equal opportunity as gained by man (Suzuki, Ueta & Mori, 2012).Hence, education acts as a medium to give equal opportunity to all genders which ultimately takes the country towards the route of development with increased rate.

            Investment in Education is the most useful and efficient investment which a developing country can make to maintain a peaceful, healthy, prosperous, and developed society. Education makes an individual literate and improves the quality and living standards. Study and past reports show that minimum 40 percent literacy rate is required by any nation to move the country towards fast and continuous economic growth (CFTC, 2016). Investment in education is the best deal for a developing country because education gives a straight path towards the security of food and release from poverty. UN Food and Agriculture Organization states that the parents who are educated are capable of earning more income as compared to those of uneducated parents. Educated parents can produce more food through agricultural means and assist in giving food to their children with great ease (CFTC, 2016).

            From every sense, education is one of the prime factor which is responsible for the growth and development of the nation. It is impossible for the country to achieve significant level of development by the adequate amount of educated public and human resources. Education plays a vital role in the enrichment of the economy of a country. Hence, investment for provide proper and quality education to the people will have long-term positive impact on the development of a nation (Ozturk, 2001).

            Education and the development of nation go hand in hand because education is only the key factor which can lead to ending of poverty and increment in the rate of employment. Apart from this, education is the core factor which can make the country aware of the technological innovations which will help developing the country to take effective initiatives related to the technological development which is only possible when the literacy rate of the country is high (Fagerlind & Saha, 2014).

            Developing country needs to produce skilled and educated human resources to increase the productivity and income of a country (investinginkids, 2012). Providing sufficient education to the human resource will result in the awareness and importance of the technological advancement. In addition to this, proper education will improve the quality of living and people will learn to sustain in a world of competition. Education will also help in improving the self-esteem of every individual resulting in the sound working condition (Birch & Wachter, 2011).

            The proper investment in the field of education in developing country will help in improvement of the quality of education and increase the literacy rate of country. Quality education will result in educated and skilled workforce leading to the reduction in poverty line, improved health condition, and increment in employment opportunities in the country resulting in better and prosperous economy of country (Birch & Wachter, 2011). Thus, investment in education can lead the country towards improved economy and development.

Conclusion

            The growth and development in the economy of a country can be achieved only if proper investments are made for standardization and promotion of the education system. Government of any developing country needs effective investment plan to make initiative for promoting the level of education for the enhancement and growth of that country. Investment in education is beneficial in all terms since education is the only factor which can make long-term improvements in the economy of a country. Education will not only improve the economy of a country but also it will create peace, harmony and gender equity amongst the people living in the society. Apart from this, investments in the field of education will improve the quality of education which will also give exposure to  people about the technology and its innovations which needs to be known to move towards  development. Therefore, Government of a developing country should make a prime effort to promote quality education to get a skilled human resource and take the country towards the path of development. Thus, the thesis statement can be restated as, “The investment in education is the most important investment a developing country can make.”

References:

Birch, E. L., & Wachter, S. M. (2011). Global Urbanization The City in the Twenty-First Century. Philadelphia: University of Pennsylvania Press.

CFTC. (2016). Education: The Basic Building Block of Every Society. Retrieved October 11, 2016,         from http://www.canadianfeedthechildren.ca/what/education

Fagerlind, I., & Saha, L. J. (2014). Education and National Development: A Comparative Perspective.  Amsterdam: Elsevier.

investinginkids. (2012). Why education is most important to the economy, especially the local       economy, and how business can help improve education. Retrieved October 11, 2016, from             https://investinginkids.net/2012/06/14/why-education-is-important-to-the-economy-           especially-the-local-economy-and-how-business-can-help-improve-education/

Jong-Wha, L. (2014). Why we must invest more in education. Retrieved October 11, 2016, from             https://www.weforum.org/agenda/2014/09/invest-in-education-income-inequality/

Ozturk, I. (2001). The Role of Education in Economic Development: A Theoretical Perspective.   Journal of Rural Development and Administration, 9023, 39-47.

Symposium. (2012). Effective Investments in Education. Retrieved October 11, 2016,      http://www.global-economic-symposium.org/knowledgebase/the-global-economy/effective-i    nvestments-in-education

Suzuki, Y., Ueta, K., & Mori, S. (2012). Global Environmental Security: From Protection to          Prevention. Tokyo: Springer Science & Business Media.


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