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Thursday, September 1, 2011

Basic Concepts of Property

Property is defined as something that can be appropriated (i. e. something you can own under your rights if ownership or can be the object of a contract.) It is used for moral and economic wants and can exist by itself as a whole. Not all things are property, but all properties are things. Things are classified into the following groups:

1.) Res nullius

No owner, either because they have been abandoned by their owners or that they were never appropriated in the first place. They can be appropriated and are considered as property.

2.) Res communes

Belonging to everybody. They aren't owned by anybody in particular, but they're for everybody's use. They can't be appropriated. Ex. public roads.

3.) Res alicujus

Tangible objects or intangible ones (rights) which belong to someone. They can be appropriated.

Property is classified into the following:

1.) Movable (personal) or immovable (real) -as to movability

2.) Public dominion or private ownership -as to ownership

3.) Alienable or outside human commerce (can't be bought or  sold, like government projects) -as to alienability

4.) Present or future property -as to existence. But take note, future inheritances can't be sold

5.) Tangible or intangible -as to materiality

6.) Generic or specific -as to nature


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