Property law

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{law, state, case}
{theory, work, human}
{land, century, early}
{rate, high, increase}
{company, market, business}
{woman, child, man}
{area, community, home}
{group, member, jewish}
{language, word, form}
{disease, patient, cell}
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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 propertycorresponds 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,[1] and in more feudalist forms in the common law courts of medieval and early modern England.

Contents

Theory

Early American theory

James Wilson, U.S. Supreme Court Justice and professor of law at the University of Pennsylvania, in 1790 and 1791, undertook a survey of the philosophical grounds of American property law. He proceeds from two premises: “Every crime includes an injury: every injury includes a violation of a right.” (Lectures, III, ii.) The government’s role in protecting property depends upon an idea of right. Wilson traces the history of property in his essay On the History of Property. In his lecture, “Of the natural rights of individuals,” (Lectures II, xii) he articulates related contemporary theory.

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