Laws_of_Property (1)

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Laws of Property Under Jurisprudence

Introduction -

The concept of property occupies an important place in human life because it is practically

impossible to live without the use of material objects which constitutes the subject matter of

property.

Property may be classified into corporeal and incorporeal property, movable and immovable

property,

real and personal property, and public and private property. There are four important modes of

acquisition

of property - possession, prescription, agreement, and inheritance.

Meaning of Property -

The term property is derived from the Latin word 'proprietary' and the French equivalent 'properties'

which

means a thing owned. The concepts of property and ownership are closely related. There can be no

property

without ownership and ownership without property. Property includes all the legal rights of a person.

In

its narrow sense, property includes proprietary rights but excludes personal rights. In modern times,

intellectual property like copyrights, patents, and trademarks has gained significance.

Definition of Property -

(a) Locke: "Every man has a property in his person." Every individual has the right to preserve his

property,

including life, liberty, and estate.


(b) Bentham: "Property is nothing more than the basis of a certain expectation of deriving thereafter

certain

advantages by a thing due to the relation in which we stand towards it."

Kinds of Property -

Property is of two kinds: Corporeal and Incorporeal.

(I) Corporeal Property: Material, visible, and tangible, such as land, house, and car. It is divided into:

1. Movable Property: Transferable objects (e.g., car, furniture).

2. Immovable Property: Land or buildings as defined under the General Clauses Act, 1897 and

Transfer of

Property Act, 1882.

(II) Incorporeal Property: Intangible rights protected by law, such as patents, copyrights, and

trademarks.

It is further divided into:

1. Rights in re propria: Ownership rights over non-material objects like intellectual property.

2. Rights in re aliena: Encumbrances over another's property, e.g., leases, servitudes, securities,

and trusts.

Modes of Acquisition of Property -

According to Salmond, there are four modes:

1. Possession: Physical control over an object, serving as evidence of ownership.

2. Prescription: Rights created or extinguished over time, e.g., easements acquired through

long-term use.

3. Agreement: Transfer of property through contracts or legal agreements.

4. Inheritance: Transfer of property through succession laws.


Theories of Property -

1. Natural Theory: Property arises from natural reason and individual labor.

2. Metaphysical Theory: Proposed by Kant and Hegel, emphasizing personality and free will.

3. Historical Theory: Property evolved from collective ownership to individual ownership over time.

4. Positive Theory: Spencer argued property is a result of individual labor and effort.

5. Psychological Theory: Rooted in human acquisitive instincts (Bentham).

6. Sociological Theory: Views property as a social institution ensuring maximum societal welfare.

Conclusion -

Property is a source of power, labor, and investment. Its value typically appreciates, making it

essential to

understand its legal and historical background. Property and law are intertwined, as neither exists

without

the other. Recognizing this relationship underscores the significance of property in jurisprudence.

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