This is an outline for the proposed Land Code of the Republic of Mordan Continue reading Land code
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
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
Public property and government
This is the third and final installment of our series on public property. In order to understand this discussion, one should have read the previous installments:
On co-ownership and public property
Property, possession and holding Continue reading Public property and government
Financial courts
Since the Financial Services Act will be a comprehensive legal code which mixes both administrative and civil law and due to the social role of the financial sector, it might be desirable to establish special courts for lawsuits involving financial matters. Continue reading Financial courts
Testimony
In the past criminal procedure relied upon confessions and witness statements. However with the progress of forensic science the need of such evidence has been declined. And even more important psychology learns us that human memory is anything but reliable. Continue reading Testimony
Animal Abduction
Under the proposed Mordan legal system animals cannot be property. Instead animal husbandry is legally described as a form of guardianship. Consequently theft of animals is legally impossible, nevertheless it is desirable to create an offence with a similar effect: animal abduction. Continue reading Animal Abduction
Property, possession and holding
Earlier we discussed co-ownership and the theory of public property as a special case of co-ownership. Here we will have a closer look on the related concepts of property, possession and holding. These will help us to better understand the relationship between government and citizens regarding Mordan land law. Continue reading Property, possession and holding
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.
Principles of prison reform
- Focus on crime prevention
- No prison for non-violent offenders
- Probational sentences for first-time offenders with mandatory behavioral training
- income dependent fines
- pre-conviction detention to be limited to dangerous offenders
- electronic monitoring instead of jail
- medical treatment of mentally disturbed offenders instead of punishment
