JP

Jenny Paulsson

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A review of selected civil law jurisdictions

Journal article (2023) - Volkan Çağdaş, Abdullah Kara, Anka Lisec, Jesper M. Paasch, Jenny Paulsson, Tanja L. Skovsgaard, Amalia Velasco
The boundary of real property is the fundamental element for securing rights attached to land. Countries, even with a long-standing cadastral tradition, often face the challenge of interpreting the course of a parcel boundary on the ground based on the available evidence, as data quality is very heterogeneous. Various cadastral principles and procedures have been developed for the determination of parcel boundaries in the field, which may also be associated with resolving boundary disputes. This article documents and compares the principles and procedures applied in the determination of property boundaries in selected civil law countries based on a novel conceptual model developed for that purpose. The notion of ‘boundary determination’ used in this article refers to demarcating and surveying land parcel boundaries during the initial cadastral survey and cadastral update procedures. The selected countries include Denmark and Sweden, which apply Nordic civil law; Slovenia and Turkey, which apply German civil law; and Spain, which applies Napoleonic civil law. The demarcation principles and processes applied in the different cadastral systems, the parties involved, and the evidence taken into consideration in these processes are described and compared. The main aim is to contribute to the documentation of the reasoning applied to the property boundary determination in the selected civil law countries. ...

A bibliometric analysis from 2012 to 2020

Journal article (2022) - Zeynel Abidin Polat, Mehmet Alkan, Jenny Paulsson, Jesper M. Paasch, Eftychia Kalogianni
Multiple Land Administration Domain Model (LADM) related studies have been carried out in two decades. ISO 19152 LADM is an international standard and an abstract, conceptual model covering the land administration domain (including those over land and water and elements above and below the earth's surface). The LADM is considered an important component for managing and developing land administration systems worldwide. In the context of this study's, scientific publications related to LADM are examined to carry out a bibliometric analysis on LADM research from 2012 to 2020. The extent of this investigation is limited to the Scopus database for scientific publications. All databases belong to the most extensive peer-reviewed summary and citation databases. It is noted that this study is based on the same principles as the research published by Paulsson and Paasch (2015), building on existing knowledge and aiming to add value in support to the current development of Edition II of the LADM. In this study, which covers 2012–2020, 175 LADM related scientific publications were found in the Scopus database. When the distribution of publications in journals is examined, Land Use Policy has the most published manuscripts related to ISO 19152 LADM. This analysis considers author identification, type of paper, organisational issues, and bibliometric analysis components. The analysis considered articles, books, and proceedings directly related to the LADM and included in the Scopus database or conference and workshop proceedings. For this, articles and books were selected from the Scopus database. Also, the proceedings were selected from those presented in the International Federation of Surveyors (FIG) events and workshops on LADM. Overall, this paper aims to arrange and present the global scientific production on LADM-based research. ...

A comparative analysis for selected civil law jurisdictions

Journal article (2020) - Volkan Çağdaş, Jesper M. Paasch, Jenny Paulsson, Hendrik Ploeger, Abdullah Kara
Condominium is a special and relatively new type of property right emerged in the last century to be a remedy for the management problems in multi-unit buildings. There are many types of condominium regimes, as described in EUI (2005), UNECE (2005) and van der Merwe (2016). The common elements include: (a) Individual right to an apartment, (b) co-ownership (joint ownership) of the common property or the whole property, and (c) membership of an incorporated or unincorporated owners' association (van der Merwe, 2015, p. 5). The ownership shares in the common property are here referred to as co-ownership shares; yet, alternative terms include ownership fraction, condominium share, participation quota, share value, and unit entitlement. Generally, these shares will determine the proportional contribution to the common expenses and the share of common profits, as well as the voting power of each condominium unit owner in the administration of the condominium. The most common approaches to the determination of the co-ownership shares are based on equality, relative size or relative value of each condominium unit, or a combination of such (van der Merwe, 1994, p. 57–58). The literature presents detailed descriptions and comparative analysis related to condominium systems in different jurisdictions (e.g. van der Merwe, 2015; 2016; Paulsson, 2007; EUI, 2005; UNECE, 2005); however, the procedural aspects related to the allotment of co-ownership shares still need to be further investigated. This article aims to describe condominium systems in the Netherlands, Sweden and Turkey, and compare legal provisions and procedures related to the allotment of co-ownership shares in these jurisdictions. The main purpose is to clarify the methodologies behind the determination of the co-ownership shares in national systems to bring new insights to countries, which are trying to revise their national provisions. ...