Tag Archives: Mordan law

Financial Service Act (updated outline)

Book 1 General Provisions

Book 2 The Financial Service Authority

Book 3 Banking

Title 1 General provisions

Title 2 Consumer and Investment Banks

Title 3 Miscellaneous

Book 4 Credit

Title 1 Types of credit and money loans

Title 2 Credit Unions

Title 3 Peer-to-peer loans

Title 4 Pawn shops

Book 5 Insurance

Title 1 General provisions

Title 2 Insurance companies

Title 3 Insurance markets

Title 4 Types of insurances

Title 5 Reinsurance

Title 6 Miscellaneous

Book 6 Securities

Title 1 General provisions

Title 2 Emission of securities

Title 3 Second-hand trade of securities

Title 4 Deposit of securities

Title 5 Miscellaneous

Book 7 Derivatives

Title 1 General provisions

Title 2 Futures

Title 3 Other derivatives

Book 8 Financial intermediaries

Title 1 General provisions

Title 2 Securities brokers

Title 3 Insurance brokers

Title 4 Mortage brokers

Book 9 Asset Management and Mutual Funds

Title 1 General management

Title 2 Individual asset management

Title 3 Institutional assetmanagement

Title 4 Mutual funds

Book 10 Currency Trade

Title 1 General provisions

Title 2 TBA

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Everyman’s right

Earlier we developed the theory of public property as a special case of co-ownership. Property includes the rights of usus, fructus and abusus. This piece will discuss the nature of the everyman’s right or the freedom to roam within the theory of land as common property. Continue reading Everyman’s right

Mordan Property Law

Here we will give a short overview of Mordan Property Law. Since this is still a proposal, we restricts this discussion the essential features of Mordan Property Law. We will cover three topics: immovable property, movable property and animals.

Immovable property

All land is the inalienable property of the people. Though the government will be responsible to manage this on behalf of the people, it will be incorrect to refer to land as “state” or “government property”.

Individuals can hold land in a private capacity through lease (using the legal figures of emphyteusis and superfices). Subsequent leaseholds can be sold or mortgaged by their lessees.

Movable property

With the exception of animals (see below) the law on movable property will not differ much from most terrestrial legal sytems. Full ownership of both personal and capital goods will possible and expropriation is not allowed without due cause and adequate compensation.

Animals

Under Mordan law animals cannot be owned by humans, as they are not things but sentient beings. Nevertheless people can keep, under certain limitations, animals. However, this relation will be a type of guardianship rather than ownership.

Since animals are not property, they cannot be sized for the settlement of debts. The forfeiture of animals is only possible for the sake of animal welfare or public health.

On restrictions of foreign ownership of real estate

Several countries have legal restrictions on the ownership of real estate by non-resident foreigners, i.e. people who primarily live abroad. Various motivations exist for such restrictions, including irrational ones like blatant xenophobia. Continue reading On restrictions of foreign ownership of real estate