Property law is the legal area governing various forms of ownership and rental in real property (land different from private or mobile property) and in private property, in the common law legal system. In the civil legal system, there is a division between movable and immovable property. Moving properties roughly correspond to private property, while immovable property corresponds to real estate or real property, and related rights, and liabilities thereon.
The concept, idea or philosophy of property underlies all property laws. In some jurisdictions, historically all property is owned by kings and it is surrendered through the ownership of feudal land or other feudal systems of loyalty and allegiance.
Although the Napoleonic Code is among the first modern government actions to introduce the idea of ​​absolute ownership into the law, the protection of private property exists in the laws and jurisprudence of medieval Islam, and in feudal forms in the courts of medieval and English common law early modern as well
Video Property law
Theory
The word property , in everyday use, refers to an object (or thing) owned by someone - a car, a book, or a mobile - and the relationship that the person has. By law, this concept gets a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between the number of people in relation to the object, and how the object is perceived in the prevailing political system. Broadly and concisely, property in the legal sense refers to the rights of people within or on a particular object or object.
Anglo-American Theory
James Wilson, US Supreme Court and law professor at the University of Pennsylvania, in 1790 and 1791, conducted a survey on the philosophical basis of American property law. He went on from two premises: "Every crime including injury: any injury including rights infringement." (Lecture, III, ii.) The government's role in protecting property depends on the notion of rights. Wilson traced the history of the property in his essay "On the History of Property." In his lecture, "On the individual's natural rights" (Lecture II, xii), he articulates contemporary related theories.
The theory is brought into focus on the question of whether man exists for the sake of government, or government for the sake of man - differences that may originate from, or lead to, the question of natural and absolute rights, and whether property is one of them. Though he doubts this, he still states: "In its unrelated circumstances, man has a natural right to his possessions, his character, freedom, and salvation." James Wilson asks whether "the main and main object in government institutions... is... to gain new rights by the establishment of man? Or whether it is, by human formation, to gain new security for the ownership or restoration of those rights....? "He showed a preference for the second.
In the opening phrase "On the History of Property," he states clearly: "Wealth is a legitimate right or power, which one must possess." He then divides the rights into three degrees: ownership, the lowest; ownership and use; and, ownership, use, and disposition - the highest. Furthermore, he states: "Man is meant to act, a useful and skilled industry is the soul of an active life, but the industry must have a fair reward." The reward is property, for a useful and active industry, property is a natural result. " From this simple reason he is able to present the conclusion that exclusive, as opposed to communal property, is preferred. Wilson, however, gave a survey of communal property arrangements in history, not only in colonial Virginia but also ancient Sparta.
Property rights that are not legally or documented are known as informal property rights. These informal property rights are not codified or documented, but are recognized amongst locals of varying degrees.
Maps Property law
Priority
Different parties may claim a competing interest in the same property by mistake or by fraud. For example, the party making or transferring an interest may have a legitimate title, but may intentionally or unintentionally create some interests wholly or partially inconsistent with each other. The court decides disputes by adjudicating priorities of interest. The term "transfer of property" generally means an act committed by a living person to convey property, current or future, to one or more other living persons, or to himself and one or more other living persons. To transfer property is to do such an action.
Property rights and rights for people
Right of ownership is the right to things that can be applied to all others. Conversely, contractual rights are rights that can be upheld against certain people. The right to property may, however, arise from the contract; both systems overlap rights. In relation to the sale of land, for example, two sets of legal relations exist with each other: contractual rights to claim compensation, and exempt property rights to the land. Smaller ownership rights can be made under contracts, such as in the case of use rights, agreements, and fair rights.
A separate distinction is clear where the right granted is not large enough to grant to others an interest or a right in that regard. The most obvious example of these rights is the license. In general, even if licenses are made by binding contracts, they do not incur property interests.
Proprietary rights and privileges
Property rights are also distinguished from private rights. Practically all contemporary societies recognize these basic ontological and ethical differences. In the past, groups with less political power were often disqualified from property benefits. In extreme form, this means that people have become "objects" of property - "objects" or objects that are legally (see slavery.) More generally, marginalized groups have been denied the legal rights to own property. These included Jews in England and married women in Western society until the end of the 19th century.
The line between privacy and property rights is not always easy to draw. For example, is a person's reputation property commercially exploitable by granting property rights to the property? The question of the right of ownership of private rights is particularly relevant in the case of the right to human tissues, organs and other body parts.
There have been recent cases of women subordinated to the fetus, through improper caesarean section imposition. British judges have recently stated that such women have no right to exclusively control over their own bodies, previously regarded as the basic common-law rights. In the United States, the "quasi-property" interest has been expressed explicitly in the corpse's body. Also in the United States, it has been recognized that people have a "right of publicity" right that can be replaced by their "persona". Patents/patents of biotechnological processes and products based on human genetic material can be characterized as creating properties in human life.
A very difficult question is whether people have intellectual property rights developed by others from their body parts. In the case of a pioneer on this issue, the California Supreme Court was held at Moore v. Regents of the University of California (1990) that individuals do not have such property rights.
Classification
The law of property is characterized by much historical continuity and technical terminology. The fundamental difference in the general legal system is between real property (land) and private property (chattels).
Before the mid-nineteenth century, the principles governing the transfer of property and personal property on the exercise were quite different. Although this dichotomy does not have the same meaning anymore, the difference is still fundamental because of the important differences between the two categories. A real example is the fact that land can not be moved, and thus the rules governing its use should be different. The next reason for the difference is that laws are often compiled using traditional terminology.
The division of land and goods has been criticized as unsatisfactory as the basis for categorizing the principles of property law because it focuses not on the interests of ownership itself but on those objects of interest. In addition, in the case of equipment, items affixed or placed on the ground may become part of the ground.
Real property is generally classified into:
- hereditamen korporeal - real property (land)
- incorporeal hereditaments - tangible manifest properties such as ease of way
Possession
The concept of ownership is developed from the legal system whose primary concern is to avoid civil disturbances. The general principle is that a person who owns land or property, even as an offender, is entitled to take action against anyone who interferes with possession unless the person interfering is able to demonstrate the superior right to do so.
In the United Kingdom, the 1977 Torts (Interference with Goods) Act has significantly amended the laws relating to faulty interference with goods and eliminated some of the old improvements and doctrines.
Transfer property
The most common method of obtaining interest in a property is as a result of a consensual transaction with the previous owner, for example, a sale or a gift. A disposition with a will may also be regarded as a consensus transaction, since the effect of a will is to provide the distribution of property of the deceased to the nominated beneficiary. A person may also earn interest on the property under a trust set for his benefit by the property owner.
It also allows property to move from one person to another independently of the property owner's consent. For example, this happens when a person dies, goes bankrupt, or has property taken in court proceedings.
Priority
Different parties may claim an interest in the property by mistake or fraud, with claims inconsistent with each other. For example, the party making or transferring an interest may have a valid title, but intentionally or negligently creates some interests wholly or partially inconsistent with each other. The court decides disputes by adjudicating priorities of interest. Under Indian property law, it defines 'Transfer of property' to mean an act whereby a living person conveys property, current or future, to one or more other living persons, or to himself and one or more other living persons. ; and "to transfer property" is to take such action.
In this section "a living person belongs to a company or association or an individual entity, whether incorporated or not, but nothing herein that would affect any applicable law at this time in connection with the transfer of property to or by any company, association or individual bodies.
Rent
Historically, rents serve many purposes, and regulations vary according to their intended purpose and economic conditions at the time. Leaseholds, for example, were mainly given to agriculture until the late 18th and early nineteenth centuries, when urban growth made infrastructure an important form of land ownership in urban areas.
The modern laws of landlords and tenants in the jurisdiction of common law retain the influence of common law and, in particular, the laissez-faire philosophy that dominated contract law and property law in the nineteenth century. With the growth of consumerism, consumer protection law recognizes that general legal principles assuming an equal bargaining power between the parties can lead to injustice. As a result, reformers have emphasized the need to assess the law for the right to lease housing in terms of the protection they provide to tenants. Legislation to protect tenants is now commonplace.
See also
- Claim club
- Conversions (legal)
- Detinue
- Escheat
- Rei vindicatio
- Replevin
- Trover
- Infectious invalidity
Note
References
- AA Berle, 'Property, Production and Revolution' (1965) 65 Columbia Law Review 1
- AA Berle, 'Family Demands on Real Property' (2012) Los Angeles Article Articles on Real Property 2
- Edwin Fruehwald, "A Biological Basis of Rights," 19 Southern California Interdisciplinary Law Journal 195 (2010).
- Jeremy Waldron (2004-09-06). "Property (Mobile Property and Moving)". Stanford Encyclopedia of Philosophy .
Source of the article : Wikipedia
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