eHow launches Android app: Get the best of eHow on the go.

  • Bookmark and Share

Property Law

    Property Law Editor's Picks

    • How to Be a Real Estate Lawyer

      A lawyer in any field must pass the bar in the state in which he plans to practice. Before taking this test, however, most individuals will obtain a bachelor's degree in a related field, such as political science, psychology, philosophy, business or economics. Those who want to go to law school must then take the Law School Admission... more »

    • Types of Marriage Separation

      In most states, when one partner establishes a residence independent from his or her spouse, the couple is considered separated. The rules governing marital separations are established by individual jurisdictions, so the requirements for legal filings, definitions of residence and effects of separation are contingent on the state... more »

    • What Is a Patent?

      Article I, section 8 of the U.S. Constitution empowers Congress "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." The first such law was enacted in 1790. Since then, the concept of patent protection has been a... more »

    • What Is the Definition of Personal Injury?

      The commercials are seemingly everywhere on television. Lawyers promising money for "personal injury" claims, guaranteeing no fees until the injured party gets paid. But what is a personal injury? It is one of the largest areas of civil law and can involve everyone from insurance companies to large corporations. And an injury in the... more »

    • How Does Real Estate Law Work?

      Real estate law controls contracts for "real" property--land, boundaries and buildings--and the relationships and contracts concerning them. A states decides how property will be used and exchanged within its boundaries, and the rules are found in state statutes. Along with definitions and procedures, state property statutes may... more »

    Property Law Videos

    Property Law Articles

    Wikipedia

    Property law

    Property law is the area of law that governs the various form of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

    The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty.

    Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence,Makdisi-2005> and in more feudalist forms in the common law courts of medieval and early modern England.

    Definition

    In Roman law, property was defined as follows: ius utendi et abutendi re sua, quatenus iuris ratio patitur, the right to use and abuse a thing, within the limits of the law (Justinian, Code 4, 35, 21; see also, commentary by P.J. Proudhon in ch. 2 of What is Property? ).

    One modern textbook on property law states:

    ::When a layman is asked to define "property," he is likely to say that "property" is something tangible "owned" by a natural person (or persons), a corporation, or a unit of government. But such a response is inaccurate from a lawyers viewpoint for at least two reasons: (1) it confuses "property" with the various subjects of "property," and (2) it fails to recognize that even the subjects of property may be intangible.

    ::For a lawyer, "property" is not a "thing" at all, although "things" are the subject of property. Rather, as Jeremy Bentham asserted, property is a leg read more at » http://en.wikipedia.org/wiki/Property+law

    Related Ads

    Property Law People & Community

    Connect with people who share your interest by joining one of our Groups:

    Topic Contributors
    Get Free Business Newsletters

    Copyright © 1999-2009 eHow, Inc. Use of this web site constitutes acceptance of the eHow Terms of Use and Privacy Policy.   en-US Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

    Demand Media