About Property lawPosted by Thomas Fink on Jan 15, 2016 in Property Law | Comments Off on About Property law
Ownership and distinction of personal and real property are the areas that are covered by property law. In the system of civil law no division exists between movable and immovable property, and property law exists to manage that.
It may happen that few different parties lay claims on a same property. This can happen by mistake, or by fraud, and they can be inconsistent. The court exists to use property law to decide which party has a priority in the claims of the interest towards that property. When a certain party fails to uphold to the contract in transfer of property court is called to judge whether they are legally able to do that. If not they will have to pay the damages they have caused to the other side. This is the case in which property law arises from the overlap of two systems of rights.
What is property law?
Licenses are good example of the property rights and rights of property to people. Licenses are in most cases formed by creation of binding contract, but even that doesn’t give them the rise of property interests.
The distinction between property rights and personal rights must be made, but it is not always easy to do that. In the past, there have been cases in which groups that have small political power were been excluded from the rights of property. This is an extreme form, but it was present in many societies until second half of the 19th century and the beginning of the 20th century.
For the example how hard is to make distinction between property and personal rights reputation property ?Reputation of one individual or an organization can be exploited through property rights, so should it have them is the right question. The rightsover body parts and organs and even human tissue is an interesting example as well. Do they fall under property rights of a person or they fall under personal rights?
As you can see even the simplest things are complicated when looked upon with a keen eye of the law. But, if law was simple there would be too many loopholes for people to exploit. If you want to know more feel free to contact estate planning lawyer.