Property lawProperty law is the area of law that governs the various forms 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 more feudalist forms in the common law courts of medieval and early modern England.Definition of propertyOne 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 lawyer's 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 legally protected "expectation * * * of being able to draw such or such an advantage from the thing" in question [ . . . .][1] Black's Law Dictionary (5th ed. 1979) states that "[i]n the strict legal sense, [property is] an aggregate of rights which are guaranteed and protected by the government" and that the term property "includes not only ownership and possession but also the right of use and enjoyment for lawful purposes."By contrast, Barron's Law Dictionary (2d ed. 1984) defines property as "one's exclusive right to possess, use, and dispose of a thing" [ . . . ] "as well as the object, benefit, or prerogative which constitutes the subject matter of that right."Property law can be divided into personal and real property. Real property concerns itself with rights in rem, or relating to land. Personal property concerns itself with rights in personam, or relating to chattels. Gray & Gray (1998) describe the definition of property in the modern sense as oscillating between 'competing models of property as a fact, property as a right, and property as a responsibility'[2] Declared ownership in and of itself is insufficient to constitute property in a legal sense. Rather, the notion of property arises where one can have his/her right to land or chattels respected and enforced by a court of law. Therefore to possess good title (and thus enforceable rights) on property one must acquire it legitimately, according to the laws of the jurisdiction in which one seeks enforcement.
document of title英 [ˈdɔkjumənt ɔv ˈtaitl] 美 [ˈdɑkjəmənt ʌv ˈtaɪtl] 所有权状,所有权凭证双语例句:They shall apply when adopted by a contract of carriage which is not covered by a Bill of Lading or similar document of title, whether the contract be in writing or not.本规则为运输合同采纳时方得适用,而不论该合同是否以书面订立,但该合同非由提单或类似的物权凭证所包括。
两会正在审议物权法草案,有关两会的报告中把物权法译为Property law ,但是”Property law”这个词与大陆法系国家中物权这个概念不是完全对应的,因为英美法系国家并不使用”物权”这个概念.”Property right ”翻译成汉语的话应译为”财产权”,”财产”的概念显然不同于”物”的概念.