What is Property in Law
Property Rights play an important role in Property Law Cases. The owner of a car who has been damaged unlawfully by someone else has a right against the tortfeasor to be compensated (see Tort Law ). The seller of a car has the right against the buyer of the car to be paid the price for which the car was sold (see Contract Law ). And, finally, the owner of a car has a right to the car itself. This last right differs from the former two. It isn’t a right against a particular person such as the tortfeasor or the contract partner. it’s a right on a tangible object, namely the car.
Relative Rights Rights against a particular person are called personal rights or relative rights. Rights that are not against a particular person are called absolute rights. These absolute rights always pertain to “something,” and this “something” is called the object of the right. The objects of rights may be tangible, such as land, cars, buildings, and books. They may also be intangible, like trademarks, intellectual property Lawyers (including copyrights and patents), claims, and shares. Absolute rights in private law are called Property Law Cases, and rights are the branch of private law that governs these property rights.
Effects Erga Omnes Strictly speaking, property rights aren’t directed at any particular person, but because they pertain to an object, they have an effect on erga omnes. The expression erga omnes is Latin and refers to an impression of “everyone.” Property rights are therefore rights with effect against everyone. This effect is a defining characteristic of property rights and means that Property Law Cases, the law that governs property rights, differs from, for instance, the contract law, which deals with legal relations between the contract parties only.
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If Peter is the owner of a car, nobody else in the world is entitled to use this car without Peter’s consent. If Jane has contracted with Sam that Sam will clean Jane’s house for some money, only Sam is under an obligation to clean Jane’s house, and only Jane is under an obligation to pay Sam this cash.
Droit de Suite An immediate consequence of the fact that Property Law Cases rights have effects on everyone is a phenomenon that is best known under its French name droit de suite (literally, “ Right to follow” ). If the object of a right falls into the hands of a person who doesn’t hold the right, the right holder can exercise his right against that person.
For instance, Elisa has the property right of usufruct in a house that belonged to her former husband James. This right involves that Elisa is entitled to use the house as long as she lives. Suppose that James sells the house to Joan, who becomes the new owner of the house. Because Elisa’s right pertains to the house and is not a right specifically against James, Elisa is still entitled to use the house. Joan must respect the usufruct which Elisa has on the house. And if Joan were to sell the house again, the new owner must also respect the usufruct. The right which Elisa has on the home so to speak “follows” the house, regardless of whoever is the owner.
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Property Law as a Cornerstone of (Private) Law
Property Law Cases govern the rights that legal subjects have on objects. These rights have an important function in society, and as a consequence property law forms the basis for other areas of the law as well. When a person holds entitlement to property, this invites the application of other areas of law, including the law of taxation, succession, and marriage.
For example, a person who owns a piece of land is obliged to pay taxes on it, and a person who acquires ownership of a book must pay taxes (value-added tax or VAT) on the purchase price. A person who inherits land from his parents will be an heir in succession law and must also pay taxes on this inheritance. Finally, when two persons get married, there will be a property regime between them, varying from common ownership to a forced separation of assets.
Because Property Law Cases underlie other parts of (private) law, it is known as a cornerstone of private law; it forms the foundation on which other parts of the law are built.
This article deals with a number of central questions of property law Cases. The first question addressed in Sect. 5.2, is why there should be property rights and property law at all. The second question is what the main types of property rights are in common law and in civil law traditions. This question will be answered in Sects. 5.3–5.5.
Although there are different property rights, they have a number of characteristics in common. In Sect. 5.6, the question of what these common elements are will be answered by discussing seven principles and rules of Property Law Cases. The fourth question concerns the dynamics of property rights. How are these rights created,
how are they transferred from one holder to another, and how are they terminated?
This is the topic of Sect. 5.7. A final question, to be answered in Sect. 5.8, is how property law will develop, in particular, in light of further integration within the European Union.
Basic format to intellectual property issues
One of the most difficult challenges a new intellectual property Law Cases student faces is finding a coherent path through the myriad complexities of each right. A framework for inquiry can be set up for each of the many levels, and this will be done at appropriate points. But even at this stage of intellectual property familiarity, a general form of approach to dealing with any rights is useful.
The first concern should be whether any protection is possible. This includes identifying topics that can be protected through intellectual property. If this can be done, then a suitable owner for the right must be found, and any formalities must be completed to secure protection.
The second major concern is the enforcement of the right against trespassing by identifying any possible violations and violators. The third concern is logically the following:
consideration of possible defenses for identified violations and identification of appropriate treatment. The final aspect relates to the exploitation of intellectual property issues related to licensing and/or assignment of all or part of the right. Intellectual property provides legal protection to useful ideas conceived and developed by human beings.
We are all accustomed to the idea that it is possible to have exclusive rights over things. No wonder someone has a book and can stop everyone from reading it. And yet, if one thinks about it, it is less obvious than it seems at first glance.