Wednesday 20 January 2016

PROPERTY LAW


Property law is the area of law which governs various kinds of ownership and tenancy in real estate property, within the common law legal system. In the civil law system, there is a distinction between movable and immovable property. Movable property corresponds to personal property, while immovable property corresponds to real estate or real property, and the related rights and obligations thereon.

It consists of amongst others, the following parameters:

Property rights and rights to people:
Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract

Property rights and personal rights:
Property rights are also distinguished from personal rights. The dividing line between personal rights and property rights is not always easy to draw. For instance, is one's reputation property that can be commercially exploited by affording property rights to it? The question of the proprietary character of personal rights is particularly relevant in the case of rights over human tissue, organs and other body parts.

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