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Property
PropertyProperty is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. RELATED TERMS-------------------------------------- Property Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. Thought The operation of the mind. No one can be punished for his mere thoughts however wicked they may be. Human laws cannot reach them, first, because they are unknown; and, secondly, unless made manifest by some action, they are not injurious to any one; but when they manifest themselves, then the act, which is the consequence, may be punished. Person This word is applied to men, women and children, who are called natural persons. Total Complete; containing the whole; as the total amount of an account is all the items of such account added together; total incapacity, is an absolute and complete incapacity to do a thing. A married woman is totally incapable to make a contract, because, although having intelligence, she has not legal capacity and an idiot is totally incapable to enter into a contract, because he has no will. Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. State 1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him. Owner Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right. Said Before mentioned. Were The name of a fine among the Saxons imposed upon a murderer Take This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away. Possession International law. By possession is meant a country which is held by no other title than mere conquest. Common marriage law. a marriage in which no formal ceremony took place and no license exists. Real 1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person. Estate A right or interest in property or the property of a deceased person. Bicycle Held to be a "carriage" within a statute forbidding fast driving. In the absence of legislative prohibition, riders of bicycles would seem to have the same rights on highways as those using any other vehicle. Public By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public. Private Not general, as a private act of the legislature; not in office; as, a private person, as well as an officer, may arrest a felon; individual, as your private interest; not public, as a private way, a private nuisance. SIMILAR TERMS-------------------------------------- Proper That which is essential, suitable, adapted, and correct. Proper law The principle of the conflict of laws according to which the law applicable to a given legal situation should be the law having the closest and most real connection to the case. The term "proper law of the contract" was first used by Westlake in A Treatise on Private International Law, with principal reference to its practice in England. Properly applicable law The law which has the closest and most real connection (or most significant relationship) with the contract or tort, based upon the connecting factors (contacts). The properly applicable law may be identified by the application to any conflict of laws problem of a consistent methodology (supra), such as that proposed in Tetley, Int'l C. of L., 1994 at pp. 35-43, 41-42. Property tax A tax levied on land and buildings (real estate) and on personal property. Propinquity Kindred; parentage. Propios Propios. Proprios. Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America, as the unalienable property of the town, for the purpose of erecting public buildings, markets or to be used in any other way, under the direction of the municipality, for the advancement of the revenues, or the prosperity of the place. Proponent Ecclesiastical law. One who propounds a telling. Proportionate fault The rule for apportioning damages in tort / delict, whereby each party whose fault has contributed to the total loss or damage is held liable for that loss or damage in a proportion corresponding to that party's fault or negligence. Proportionate fault is the system of apportionment of damages recognized historically by the civil law and later codified into various civil codes. Proposal An offer for consideration or acceptance. Proposition An offer to do something. Until it has been accepted, a proposition may be withdrawn by the party who makes it; and to be binding, the acceptance must be in the same terms, without any variation. Propositus The person proposed. In making genealogical tables, the person whose relations it is desirous to find out, is called the propositus. Propound To propound. To offer, to propose. Propres French law. The term propres or biens propres, is used to denote that property which has come to an individual from his relations, either in a direct line, ascending or descending, or from a collateral line, whether the same have come by operation of law or by devise. Propria persona In his own person. It is a rule in pleading that pleas to the jurisdiction of the court must be pleaded in propria persona, because, if pleaded by attorney, they admit the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction. Proprietary In its strict sense, this word signifies one who is master of his actions, and who has the free disposition of his property Proprietary rights Patents, trade secrets, copyrights or other intellectual property that belongs to the writer, client, employer or other holder. Proprietate probanda English practice. The name of a writ which issues in a case of replevin when the defendant claims property in the chattels replevied, and the sheriff makes a return accordingly. Proprietor The owner. Proprio vigore By its own force or vigor. This expression is frequently used in construction. A phrase is said to have a certain meaning proprio vigore. Propter affectum For or on account of some affection or prejudice. A juryman may be challenged propter affectum. Propter defectum On account or for some defect. This phrase is frequently used in relation to challenges. A juryman may be challenged propter defectum. Propter delictum For or on account of crime. A juror may be challenged propter delictum, when he has been convicted of an infamous crime. PREVIOUS AND NEXT TERMS-------------------------------------- Pronurus The wife of a great grandson. Proof Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist. Proper That which is essential, suitable, adapted, and correct. Proper law The principle of the conflict of laws according to which the law applicable to a given legal situation should be the law having the closest and most real connection to the case. The term "proper law of the contract" was first used by Westlake in A Treatise on Private International Law, with principal reference to its practice in England. Properly applicable law The law which has the closest and most real connection (or most significant relationship) with the contract or tort, based upon the connecting factors (contacts). The properly applicable law may be identified by the application to any conflict of laws problem of a consistent methodology (supra), such as that proposed in Tetley, Int'l C. of L., 1994 at pp. 35-43, 41-42. Property Property tax A tax levied on land and buildings (real estate) and on personal property. Propinquity Kindred; parentage. Propios Propios. Proprios. Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America, as the unalienable property of the town, for the purpose of erecting public buildings, markets or to be used in any other way, under the direction of the municipality, for the advancement of the revenues, or the prosperity of the place. Proponent Ecclesiastical law. One who propounds a telling. Proportionate fault The rule for apportioning damages in tort / delict, whereby each party whose fault has contributed to the total loss or damage is held liable for that loss or damage in a proportion corresponding to that party's fault or negligence. Proportionate fault is the system of apportionment of damages recognized historically by the civil law and later codified into various civil codes. We thank you for using the Juridical Dictionary to search for Property. If you have a better definition for Property than the one presented here, please let us know by making use of the suggest a term option. This definition of Property may be disputed by other professionals. Our attempt is to provide easy definitions on Property and any other medical topic for the public at large.
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