This article is about abstract and legal rights of property. For other uses, see Property (disambiguation).
Buildings of shops, hotels, and residences are common forms of property
Property is a system of rights that gives people legal control of valuable things,[1] and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things,[2] as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights.
In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property).[3] Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party’s will (rather discretion) with regard to the property be clearly defined and unconditional,[citation needed] to distinguish ownership and easement from rent. The parties might expect their wills to be unanimous, or alternately every given one of them, when no opportunity for or possibility of a dispute with any other of them exists, may expect his, her, it’s or their own will to be sufficient and absolute. The first Restatement defines property as anything, tangible or intangible, whereby a legal relationship between persons and the State enforces a possessory interest or legal title in that thing. This mediating relationship between individual, property, and State is called a property regime.[4]
In sociology and anthropology, property is often defined as a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object. The distinction between «collective property» and «private property» is regarded as confusion since different individuals often hold differing rights over a single object.[5][6]
Types of property include real property (the combination of land and any improvements to or on the ground), personal property (physical possessions belonging to a person), private property (property owned by legal persons, business entities or individual natural persons), public property (State-owned or publicly owned and available possessions) and intellectual property (exclusive rights over artistic creations, inventions, etc.). However, the last is not always as widely recognized or enforced.[7] An article of property may have physical and incorporeal parts. A title, or a right of ownership, establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit.[citation needed] The unqualified term «property» is often used to refer specifically to real property.
Overview[edit]
Property is often defined by the code of the local sovereignty and protected wholly or — more usually, partially — by such entity, the owner being responsible for any remainder of protection. The standards of the proof concerning proofs of ownerships are also addressed by the code of the local sovereignty, and such entity plays a role accordingly, typically somewhat managerial. Some philosophers[who?] assert that property rights arise from social convention, while others find justifications for them in morality or in natural law.[citation needed]
Various scholarly disciplines (such as law, economics, anthropology or sociology) may treat the concept more systematically, but definitions vary, most particularly when involving contracts. Positive law defines such rights, and the judiciary can adjudicate and enforce property rights.
According to Adam Smith (1723-1790), the expectation of profit from «improving one’s stock of capital» rests on private-property rights.[8] Capitalism has as a central assumption that property rights encourage their holders to develop the property, generate wealth, and efficiently allocate resources based on the operation of markets. From this has evolved the modern conception of property as a right enforced by positive law, in the expectation that this will produce more wealth and better standards of living. However, Smith also expressed a very critical view of the effects of property laws on inequality:
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- «Wherever there is a great property, there is great inequality … Civil government, so far as it is instituted for the security of property, is in reality instituted for the defense of the rich against the poor, or of those who have some property against those who have none at all.»[9] (Adam Smith, Wealth of Nations)
In his 1881 text «The Common Law», Oliver Wendell Holmes describes property as having two fundamental aspects.[citation needed] The first, possession, can be defined as control over a resource based on the practical inability to contradict the ends of the possessor. The second title is the expectation that others will recognize rights to control resources, even when not in possession. He elaborates on the differences between these two concepts and proposes a history of how they came to be attached to persons, as opposed to families or entities such as the church.
- Classical liberalism subscribes to the labor theory of property. Its proponents hold that individuals each own their own life; it follows that one must acknowledge the products of that life and that those products can be traded in free exchange with others.
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- «Every man has a property in his person. This nobody has a right to, but himself.» (John Locke, «Second Treatise on Civil Government», 1689)
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- «The reason why men enter into society is the preservation of their property.» (John Locke, «Second Treatise on Civil Government», 1689)
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- «Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.» (Frédéric Bastiat, The Law, 1850)
- Conservatism subscribes to the concept that freedom and property are closely linked — building on traditions of thought that property guarantees freedom[10] or causes freedom.[11] The more widespread the possession of the private property, conservatism propounds, the more stable and productive a state or nation is. Conservatives maintain that the economic leveling of property, especially of the forced kind, is not economic progress.
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- «Separate property from private possession and Leviathan becomes master of all… Upon the foundation of private property, great civilizations are built. The conservative acknowledges that the possession of property fixes certain duties upon the possessor; he accepts those moral and legal obligations cheerfully.» (Russell Kirk, The Politics of Prudence, 1993)
- Socialism ‘s fundamental principles center on a critique of this concept, stating (among other things) that the cost of defending property exceeds the returns from private property ownership and that, even when property rights encourage their holders to develop their property or generate wealth, they do so only for their benefit, which may not coincide with advantage to other people or society at large.
- Libertarian Socialism generally accepts property rights with a short abandonment period. In other words, a person must make (more-or-less) continuous use of the item or else lose ownership rights. This is usually referred to as «possession property» or «usufruct.» Thus, in this usufruct system, absentee ownership is illegitimate, and workers own the machines or other equipment they work with.
- Communism argues that only common ownership of the means of production will assure the minimization of unequal or unjust outcomes and the maximization of benefits and that; therefore humans should abolish private ownership of capital (as opposed to property).
Both communism and some forms of socialism have also upheld the notion that private ownership of capital is inherently illegitimate. This argument centers on the idea that private ownership of capital always benefits one class over another, giving rise to domination through this privately owned capital. Communists do not oppose personal property that is «hard-won, self-acquired, self-earned» (as «The Communist Manifesto» puts it) by members of the proletariat. Both socialism and communism distinguish carefully between private ownership of capital (land, factories, resources, etc.) and private property (homes, material objects, and so forth).
Types of property[edit]
Most legal systems distinguish between different types of property, especially between land (immovable property, estate in land, real estate, real property) and all other forms of property—goods and chattels, movable property or personal property, including the value of legal tender if not the legal tender itself, as the manufacturer rather than the possessor might be the owner. They often distinguish tangible and intangible property. One categorization scheme specifies three species of property: land, improvements (immovable man-made things), and personal property (movable man-made things).[12]
In common law, real property (immovable property) is the combination of interests in land and improvements thereto, and personal property is interest in movable property. Real property rights are rights relating to the land. These rights include ownership and usage. Owners can grant rights to persons and entities in the form of leases, licenses, and easements.
Throughout the last centuries of the second millennium, with the development of more complex theories of property, the concept of personal property had become divided[by whom?] into tangible property (such as cars and clothing) and intangible property (such as financial assets and related rights, including stocks and bonds; intellectual property, including patents, copyrights and trademarks; digital files; communication channels; and certain forms of identifier, including Internet domain names, some forms of network address, some forms of handle and again trademarks).
Treatment of intangible property is such that an article of property is, by law or otherwise by traditional conceptualization, subject to expiration even when inheritable, which is a key distinction from tangible property. Upon expiration, the property, if of the intellectual category, becomes a part of public domain, to be used by but not owned by anybody, and possibly used by more than one party simultaneously due to the inapplicability of scarcity to intellectual property. Whereas things such as communications channels and pairs of electromagnetic spectrum bands and signal transmission power can only be used by a single party at a time, or a single party in a divisible context, if owned or used. Thus far or usually, those are not considered property, or at least not private property, even though the party bearing right of exclusive use may transfer that right to another.
In many societies the human body is considered property of some kind or other. The question of the ownership and rights to one’s body arise in general in the discussion of human rights, including the specific issues of slavery, conscription, rights of children under the age of majority, marriage, abortion, prostitution, drugs, euthanasia and organ donation.
[edit]
Of the following, only sale and at-will sharing involve no encumbrance.
General meaning or description | Actor | Complementary notion | Complementary actor | |||
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Sale | Giving of property or ownership, but in exchange for money (units of some form of currency). | Seller | Buying | Buyer | ||
Sharing | Allowing use of property, whether exclusive or as a joint operation. | Host | Accommodation | Guest | ||
Tenancy | Tenant | |||||
Rent | Allowing limited and temporary but potentially renewable, exclusive use of property, but in exchange for compensation. | Renter | ||||
Lease | Leasee | |||||
Licensure | Licensor | |||||
Incorporeal division | Better known as nonpossessory interest or variation of the same notion, of which an instance may be given to another party, which is itself an incorporeal form of property. The particular interest may easily be destroyed once it and the property are owned by the same party. | — | ||||
Share | Aspect of property whereby ownership or equity of a particular portion of all property (stock) ever to be produced from it may be given to another party, which is itself an incorporeal form of property. The share may easily be destroyed once it and the property are owned by the same party. | |||||
Easement | Aspect of property whereby the right of a particular use of it may be given to another party, which is itself an incorporeal form of property. The easement or use-right may easily be destroyed once it and the property are owned by the same party. | |||||
Lien | Condition whereby unencumbered ownership of property is contingent upon completion of obligation; the property being collateral and associated with security interest in such an arrangement. | Lienor | Lieneeship | Lienee | ||
Mortgage | Condition whereby while possession of property is achieved or retained, possession of it is contingent upon performance of obligation to somebody indebted to, and unencumbered ownership of it is contingent upon completion of obligation. The performance of obligation usually implies division of the principal into installments. | Mortgagor | Mortgage-brokering | Mortgage-broker | ||
Pawn | Condition whereby while encumbered ownership of property is achieved or retained, encumbered ownership of it is contingent upon the performance of the obligation to somebody indebted to, and possession and unencumbered ownership of it is contingent upon completion of obligation. | Pledge | Pawnbrokering | Pawnbroker | ||
Collision (Conflict) |
Inability for property to be properly used or occupied due to scarcity or contradiction, the effective impossibility of sharing; possibly leading to eviction or the contrary, if the resolution is achieved rather than a stagnant condition; not necessarily involving or implying conscious dispute. | — | ||||
Security (Ward) |
Degree of resistance to or protection from harm, use, or taking; the property and any mechanisms of protection of it being ward. (Alternately, in finance, the word as a countable noun refers to proof of ownership of investment instruments or as an uncountable noun to collateral.) There may be an involvement of obscurities, camouflage, barriers, armor, locks, alarms, booby traps, homing beacons, automated recorders, decoys, weaponry, or sentinels.
|
Securer | Protecteeship | Protectee | ||
Warden | Ward |
Violation[edit]
General meaning or description, the activities occurring in a way not beholden to the wishes of the owner | Committer | |
---|---|---|
Trespassing | Use of physical and usually but not necessarily only immovable property or occupation of it. | Trespasser |
Vandalism | Alteration, damage, or destruction of physical property or to the appearance of it. | Vandal |
Infringement | (Incorporeal analogy to trespassing.) Alteration or duplication of an instance of intellectual property, and publication of the respectively alternate or duplicate; the sample being the information in a medium or a device for which a design plan predates and is the basis of fabrication. | Infringer |
Violation | Violator | |
Theft | Taking of property in a way that excludes the owner from it, or functional alteration of the property ownership. | Thief |
Piracy | The cognisant or incognisant reproduction and distribution of intellectual property and the possession of intellectual property that saw publication of its duplicates in the previous process. | Pirate |
Infringement with the effect of lost profits for the owner or infringement involving profit or personal gain. | ||
Plagiarism | Publication of a work, whether it is intellectual property (perhaps copyrighted) or not, whether it is in public domain or not, without credit being afforded to the creator, as though the work is original in publication. | Plagiarist |
Miscellaneous action[edit]
General meaning or description | Committer | |
---|---|---|
Squatting | Occupation of property that is either unused and unkept or was abandoned, whether the property still has an owner. (If the property is owned and not left, then the squatting is trespassing if any usage not beholden to the wishes of the owner is done in the process.) | Squatter |
Reverse engineering | Discovery of how a device works, whether it is an instance of intellectual property (perhaps patented) or not, whether it is in the public domain, and how to alter or duplicate it without access to or knowledge of the corresponding design plan. | Reverse engineer |
Ghostwriting | Creation of a textual work, whereby another party is explicitly allowed to be credited as a creator in publication. | Ghostwriter |
Issues in property theory[edit]
Principle[edit]
The two major justifications are given for the original property, or the homestead principle, are effort and scarcity. John Locke emphasized effort, «mixing your labor»[13] with an object, or clearing and cultivating virgin land. Benjamin Tucker preferred to look at the telos of property, i.e., what is the purpose of property? His answer: to solve the scarcity problem. Only when items are relatively scarce concerning people’s desires, do they become property.[14] For example, hunter-gatherers did not consider land to be property, since there was no shortage of land. Agrarian societies later made arable land property, as it was scarce. For something to be economically scarce, it must necessarily have the «exclusivity property»—that use by one person excludes others from using it. These two justifications lead to different conclusions on what can be property. Intellectual property—incorporeal things like ideas, plans, orderings and arrangements (musical compositions, novels, computer programs)—are generally considered valid property to those who support an effort justification, but invalid to those who support a scarcity justification, since the things don’t have the exclusivity property (however, those who support a scarcity justification may still support other «intellectual property» laws such as Copyright, as long as these are a subject of contract instead of government arbitration). Thus even ardent propertarians may disagree about IP.[15] By either standard, one’s body is one’s property.
From some anarchist points of view, the validity of property depends on whether the «property right» requires enforcement by the State. Different forms of «property» require different amounts of enforcement: intellectual property requires a great deal of state intervention to enforce, ownership of distant physical property requires quite a lot, ownership of carried objects requires very little. In contrast, requesting one’s own body requires absolutely no state intervention. So some anarchists don’t believe in property at all.
Many things have existed that did not have an owner, sometimes called the commons. The term «commons,» however, is also often used to mean something entirely different: «general collective ownership»—i.e. common ownership. Also, the same term is sometimes used by statists to mean government-owned property that the general public is allowed to access (public property). Law in all societies has tended to reduce the number of things not having clear owners. Supporters of property rights argue that this enables better protection of scarce resources due to the tragedy of the commons. At the same time, critics say that it leads to the ‘exploitation’ of those resources for personal gain and that it hinders taking advantage of potential network effects. These arguments have differing validity for different types of «property»—things that are not scarce are, for instance, not subject to the tragedy of the commons. Some apparent critics advocate general collective ownership rather than ownerlessness.
Things that do not have owners include: ideas (except for intellectual property), seawater (which is, however, protected by anti-pollution laws), parts of the seafloor (see the United Nations Convention on the Law of the Sea for restrictions), gases in Earth’s atmosphere, animals in the wild (although in most nations, animals are tied to the land. In the United States and Canada, wildlife is generally defined in statute as property of the State. This public ownership of wildlife is referred to as the North American Model of Wildlife Conservation and is based on The Public Trust Doctrine.[16]), celestial bodies and outer space, and land in Antarctica.
The nature of children under the age of majority is another contested issue here. In ancient societies, children were generally considered the property of their parents. However, children in most modern communities theoretically own their bodies but are not regarded as competent to exercise their rights. Their parents or guardians are given most of the fundamental rights of control over them.
Questions regarding the nature of ownership of the body also come up in the issue of abortion, drugs, and euthanasia.
In many ancient legal systems (e.g., early Roman law), religious sites (e.g. temples) were considered property of the God or gods they were devoted to. However, religious pluralism makes it more convenient to have sacred sites owned by the spiritual body that runs them.
Intellectual property and air (airspace, no-fly zone, pollution laws, which can include tradable emissions rights) can be property in some senses of the word.
Ownership of land can be held separately from the ownership of rights over that land, including sporting rights,[17] mineral rights, development rights, air rights, and such other rights as may be worth segregating from simple land ownership.
Ownership[edit]
Ownership laws may vary widely among countries depending on the nature of the property of interest (e.g., firearms, real property, personal property, animals). Persons can own property directly. In most societies legal entities, such as corporations, trusts and nations (or governments) own property.
In many countries women have limited access to property following restrictive inheritance and family laws, under which only men have actual or formal rights to own property.
In the Inca empire, the dead emperors, considered gods, still controlled property after death.[18]
Government interference[edit]
In 17th-century England, the legal directive that nobody may enter a home (which in the 17th century would typically have been male-owned) unless by the owner’s invitation or consent, was established as common law in Sir Edward Coke ‘s «Institutes of the Lawes of England.» «For a man’s house is his castle, et domus sua cuique est tutissimum refugium [and each man’s home is his safest refuge].» It is the origin of the famous dictum, «an Englishman’s home is his castle».[19] The ruling enshrined into law what several English writers had espoused in the 16th century.[19] Unlike the rest of Europe the British had a proclivity towards owning their own homes.[19] British Prime Minister William Pitt, 1st Earl of Chatham defined the meaning of castle in 1763, «The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter.»[19]
That principle was carried to the United States. Under U.S. law, the principal limitations on whether and the extent to which the State may interfere with property rights are set by the Constitution. The Takings clause requires that the government (whether State or federal—for the 14th Amendment’s due process clause imposes the 5th Amendment’s takings clause on state governments) may take private property only for a public purpose after exercising due process of law, and upon making «just compensation.» If an interest is not deemed a «property» right or the conduct is merely an intentional tort, these limitations do not apply, and the doctrine of sovereign immunity precludes relief.[20] Moreover, if the interference does not almost completely make the property valueless, the interference will not be deemed a taking but instead a mere regulation of use.[21] On the other hand, some governmental regulations of property use have been deemed so severe that they have been considered «regulatory takings.»[22] Moreover, conduct is sometimes deemed only a nuisance, or another tort has been held a taking of property where the conduct was sufficiently persistent and severe.[23]
Theories[edit]
There exist many theories of property. One is the relatively rare first possession theory of property, where ownership of something is seen as justified simply by someone seizing something before someone else does.[24] Perhaps one of the most popular is the natural rights definition of property rights as advanced by John Locke. Locke advanced the theory that God granted dominion over nature to man through Adam in the book of Genesis. Therefore, he theorized that when one mixes one’s labor with nature, one gains a relationship with that part of nature with which the labor is mixed, subject to the limitation that there should be «enough, and as good, left in common for others.» (see Lockean proviso)[25]
In his encyclical letter Rerum novarum (1891), Pope Leo XIII wrote, «It is surely undeniable that, when a man engages in remunerative labor, the impelling reason and motive of his work is to obtain property, and after that to hold it as his very own.»[26]
Anthropology studies the diverse ownership systems, rights of use and transfer, and possession[27] under the term «theories of property». As mentioned, western legal theory is based on the owner of property being a legal person. However, not all property systems are founded on this basis.
In every culture studied, ownership and possession are the subjects of custom and regulation, and «law» is where the term can meaningfully be applied. Many tribal cultures balance individual rights with the laws of collective groups: tribes, families, associations, and nations. For example, the 1839 Cherokee Constitution frames the issue in these terms:
Sec. 2. The lands of the Cherokee Nation shall remain common property. Still, the improvements made thereon, and in possession of the citizens respectively who made, or may rightfully own them: Provided, that the citizens of the Nation possessing the exclusive and indefeasible right to their improvements, as expressed in this article, shall possess no right or power to dispose of their improvements, in any manner whatever, to the United States, individual States, or individual citizens thereof; and that, whenever any citizen shall remove with his effects out of the limits of this Nation, and become a citizen of any other government, all his rights and privileges as a citizen of this Nation shall cease: Provided, nevertheless, That the National Council shall have power to re-admit, by law, to all the rights of citizenship, any such person or persons who may, at any time, desire to return to the Nation, on memorializing the National Council for such readmission.
Communal property systems describe ownership as belonging to the entire social and political unit. Common ownership in a hypothetical communist society is distinguished from primitive forms of common property that have existed throughout history, such as Communalism and primitive communism, in that communist common ownership is the outcome of social and technological developments leading to the elimination of material scarcity in society.[28]
Corporate systems describe ownership as being attached to an identifiable group with an identifiable responsible individual. The Roman property law was based on such a corporate system. In a well-known paper that contributed to the creation of the field of law and economics in the late 1960s, the American scholar Harold Demsetz described how the concept of property rights makes social interactions easier:
In the world of Robinson Crusoe, property rights play no role. Property rights are an instrument of society and derive their significance from the fact that they help a man form those expectations which he can reasonably hold in his dealings with others. These expectations find expression in society’s laws, customs, and more. An owner of property rights possesses the consent of fellowmen to allow him to act in particular ways. An owner expects the community to prevent others from interfering with his actions, provided that these actions are not prohibited in the specifications of his rights.
— Harold Demsetz (1967), «Toward a Theory of property Rights», The American Economic Review 57(2), p. 347.[29]
Different societies may have other theories of property for differing types of ownership. For example, Pauline Peters argued that property systems are not isolable from the social fabric, and notions of property may not be stated as such but instead may be framed in negative terms: for example, the taboo system among Polynesian peoples.
Property in philosophy[edit]
In medieval and Renaissance Europe the term «property» essentially referred to land. After much rethinking, land has come to be regarded as only a special case of the property genus. This rethinking was inspired by at least three broad features of early modern Europe: the surge of commerce, the breakdown of efforts to prohibit interest (then called «usury»), and the development of centralized national monarchies.
Ancient philosophy[edit]
Urukagina, the king of the Sumerian city-state Lagash, established the first laws that forbade compelling the sale of property.[30]
The Bible in Leviticus 19:11 and ibid. 19:13 states that the Israelites are not to steal.
Aristotle, in Politics, advocates «private property.»[31] He argues that self-interest leads to neglect of the commons. «[T]hat which is common to the greatest number has the least care bestowed upon it. Everyone thinks chiefly of his own, hardly at all of the common interest, and only when he is himself concerned as an individual.»[32]
In addition, he says that when property is common, there are natural problems that arise due to differences in labor: «If they do not share equally enjoyments and toils, those who labor much and get little will necessarily complain of those who labor little and receive or consume much. But indeed, there is always a difficulty in men living together and having all human relations in common, but especially in their having common property.» (Politics, 1261b34)
Cicero held that there is no private property under natural law but only under human law.[33] Seneca viewed property as only becoming necessary when men become avaricious.[34] St. Ambrose later adopted this view and St. Augustine even derided heretics for complaining the Emperor could not confiscate property they had labored for.[35]
Medieval philosophy[edit]
Thomas Aquinas (13th century)[edit]
The canon law Decretum Gratiani maintained that mere human law creates property, repeating the phrases used by St. Augustine.[36] St. Thomas Aquinas agreed with regard to the private consumption of property but modified patristic theory in finding that the private possession of property is necessary.[37] Thomas Aquinas concludes that, given certain detailed provisions,[38]
- it is natural for man to possess external things
- it is lawful for a man to possess a thing as his own
- The essence of theft consists in taking another’s thing secretly
- Theft and robbery are sins of different species, and robbery is a more grievous sin than theft
- theft is a sin; it is also a mortal sin
- it is, however, lawful to steal through stress of need:» in cases of need, all things are common property.»
Modern philosophy[edit]
Thomas Hobbes (17th century)[edit]
The principal writings of Thomas Hobbes appeared between 1640 and 1651—during and immediately following the war between forces loyal to King Charles I and those loyal to Parliament. In his own words, Hobbes’ reflection began with the idea of «giving to every man his own,» a phrase he drew from the writings of Cicero. But he wondered: How can anybody call anything his own? He concluded: My own can only truly be mine if there is one unambiguously strongest power in the realm, and that power treats it as mine, protecting its status as such.[39]
James Harrington (17th century)[edit]
A contemporary of Hobbes, James Harrington, reacted to the same tumult differently: he considered property natural but not inevitable. The author of «Oceana,» he may have been the first political theorist to postulate that political power is a consequence, not the cause, of the distribution of property. He said that the worst possible situation is when the commoners have half a nation’s property, with the crown and nobility holding the other half—a circumstance fraught with instability and violence. He suggested a much better situation (a stable republic) would exist once the commoners own most property.
In later years, the ranks of Harrington’s admirers included American revolutionary and founder John Adams.
Robert Filmer (17th century)[edit]
Another member of the Hobbes/Harrington generation, Sir Robert Filmer, reached conclusions much like Hobbes’, but through Biblical exegesis. Filmer said that the institution of kingship is analogous to that of fatherhood, that subjects are still, children, whether obedient or unruly and that property rights are akin to the household goods that a father may dole out among his children—his to take back and dispose of according to his pleasure.
John Locke (17th century)[edit]
In the following generation, John Locke sought to answer Filmer, creating a rationale for a balanced constitution in which the monarch had a part to play, but not an overwhelming part. Since Filmer’s views essentially require that the Stuart family be uniquely descended from the patriarchs of the Bible, and even in the late 17th century, that was a difficult view to uphold, Locke attacked Filmer’s views in his First Treatise on Government, freeing him to set out his own views in the Second Treatise on Civil Government. Therein, Locke imagined a pre-social world each of the unhappy residents which are willing to create a social contract because otherwise, «the enjoyment of the property he has in this state is very unsafe, very insecure,» and therefore, the «great and chief end, therefore, of men’s uniting into commonwealths, and putting themselves under government, is the preservation of their property.»[40] They would, he allowed, create a monarchy, but its task would be to execute the will of an elected legislature. «To this end» (to achieve the previously specified goal), he wrote, «it is that men give up all their natural power to the society they enter into, and the community put the Legislative power into such hands as they think fit, with this trust, that they shall be governed by declared laws, or else their peace, quiet, and property will still be at the same uncertainty as it was in the state of nature.»[41]
Even when it keeps to proper legislative form, Locke held that there are limits to what a government established by such a contract might rightly do.
«It cannot be supposed that [the hypothetical contractors] they should intend, had they a power so to do, to give anyone or more an absolute arbitrary power over their persons and estates, and put a force into the magistrate’s hand to execute his unlimited will arbitrarily upon them; this were to put themselves into a worse condition than the State of nature, wherein they had a liberty to defend their right against the injuries of others, and were upon equal terms of force to maintain it, whether invaded by a single man or many in combination. Whereas by supposing they have given themselves up to the absolute arbitrary power and will of a legislator, they have disarmed themselves, and armed him to make a prey of them when he pleases…»[42]
Both «persons» and «estates» are to be protected from the arbitrary power of any magistrate, including legislative power and will.» In Lockean terms, depredations against an estate are just as plausible a justification for resistance and revolution as are those against persons. In neither case are subjects required to allow themselves to become prey.
To explain the ownership of property, Locke advanced a labor theory of property.
David Hume (18th century)[edit]
In contrast to the figures discussed in this section thus far David Hume lived a relatively quiet life that had settled down to a relatively stable social and political structure. He lived the life of a solitary writer until 1763 when, at 52 years of age, he went off to Paris to work at the British embassy.
In contrast, one might think to his polemical works on religion and his empiricism-driven skeptical epistemology, Hume’s views on law and property were quite conservative.
He did not believe in hypothetical contracts or the love of humanity in general and sought to ground politics upon actual human beings as one knows them. «In general,» he wrote, «it may be affirmed that there is no such passion in the human mind, as the love of mankind, merely as such, independent of personal qualities, or services, or of relation to ourselves.» Existing customs should not lightly be disregarded because they have come to be what they are due to human nature. With this endorsement of custom comes an endorsement of existing governments because he conceived of the two as complementary: «A regard for liberty, though a laudable passion, ought commonly to be subordinate to a reverence for established government.»
Therefore, Hume’s view was that there are property rights because of and to the extent that the existing law, supported by social customs, secure them.[43] He offered some practical home-spun advice on the general subject, though, as when he referred to avarice as «the spur of industry,» and expressed concern about excessive levels of taxation, which «destroy industry, by engendering despair.»
Adam Smith[edit]
«Civil government, so far as it is instituted for the security of property, is, in reality, instituted for the defense of the rich against the poor, or of those who have property against those who have none at all.»
«The property that every man has in his labour is the original foundation of all other property, so it is the most sacred and inviolable. The inheritance of a poor man lies in the strength and dexterity of his hands, and to hinder him from employing this strength and dexterity in what manner he thinks proper without injury to his neighbor, is a plain violation of this most sacred property. It is a manifest encroachment upon the just liberty of the workman and those who might be disposed to employ him. It hinders the one from working at what he thinks proper, so it hinders the others from employing whom they think proper. To judge whether he is fit to be employed may surely be trusted to the discretion of the employers whose interest it so much concerns. The affected anxiety of the law-giver lest they should employ an improper person is as impertinent as it is oppressive.»
— (Source: Adam Smith, The Wealth of Nations, 1776, Book I, Chapter X, Part II.)
By the mid 19th century, the industrial revolution had transformed England and the United States and had begun in France. As a result, the conventional conception of what constitutes property expanded beyond land to encompass scarce goods. In France, the revolution of the 1790s had led to large-scale confiscation of land formerly owned by the church and king. The restoration of the monarchy led to claims by those dispossessed to have their former lands returned.
Karl Marx[edit]
Section VIII, «Primitive Accumulation» of Capital involves a critique of Liberal Theories of property rights. Marx notes that under Feudal Law, peasants were legally entitled to their land as the aristocracy was to its manors. Marx cites several historical events in which large numbers of the peasantry were removed from their lands, then seized by the nobility. This seized land was then used for commercial ventures (sheep herding). Marx sees this «Primitive Accumulation» as integral to the creation of English Capitalism. This event created a sizeable un-landed class that had to work for wages to survive. Marx asserts that liberal theories of property are «idyllic» fairy tales that hide a violent historical process.
Charles Comte: legitimate origin of property[edit]
Charles Comte, in «Traité de la propriété» (1834), attempted to justify the legitimacy of private property in response to the Bourbon Restoration. According to David Hart, Comte had three main points: «firstly, that interference by the state over the centuries in property ownership has had dire consequences for justice as well as for economic productivity; secondly, that property is legitimate when it emerges in such a way as not to harm anyone; and thirdly, that historically some, but by no means all, property which has evolved has done so legitimately, with the implication that the present distribution of property is a complex mixture of legitimately and illegitimately held titles.»[45]
Comte, as Proudhon later did, rejected Roman legal tradition with its toleration of slavery. Instead, he posited a communal «national» property consisting of non-scarce goods, such as land in ancient hunter-gatherer societies. Since agriculture was so much more efficient than hunting and gathering, private property appropriated by someone for farming left remaining hunter-gatherers with more land per person and hence did not harm them. Thus this type of land appropriation did not violate the Lockean proviso – there was «still enough, and as good left.» Later theorists would use Comte’s analysis in response to the socialist critique of property.
Pierre-Joseph Proudhon: property is theft[edit]
In his 1840 treatise What is Property?, Pierre Proudhon answers with «Property is theft!». In natural resources, he sees two types of property, de jure property (legal title) and de facto property (physical possession), and argues that the former is illegitimate. Proudhon’s conclusion is that «property, to be just and possible, must necessarily have equality for its condition.»
His analysis of the product of labor upon natural resources as property (usufruct) is more nuanced. He asserts that land itself cannot be property, yet it should be held by individual possessors as stewards of humanity, with the product of labor being the producer’s property. Proudhon reasoned that any wealth gained without labor was stolen from those who labored to create that wealth. Even a voluntary contract to surrender the product of work to an employer was theft, according to Proudhon, since the controller of natural resources had no moral right to charge others for the use of that which he did not labor to create did not own.
Proudhon’s theory of property greatly influenced the budding socialist movement, inspiring anarchist theorists such as Mikhail Bakunin who modified Proudhon’s ideas, as well as antagonizing theorists like Karl Marx.
Frédéric Bastiat: property is value[edit]
Frédéric Bastiat ‘s main treatise on property can be found in chapter 8 of his book «Economic Harmonies» (1850).[46] In a radical departure from traditional property theory, he defines property, not as a physical object, but rather as a relationship between people concerning a thing. Thus, saying one owns a glass of water is merely verbal shorthand for «I may justly gift or trade this water to another person.» In essence, what one owns is not the object but the object’s value. By «value,» Bastiat means «market value»; he emphasizes this is quite different from utility. «In our relations with one another, we are not owners of the utility of things, but their value, and value is the appraisal made of reciprocal services.»
Bastiat theorized that, as a result of technological progress and the division of labor, the stock of communal wealth increases over time; that the hours of work an unskilled laborer expends to buy e.g., 100 liters of wheat, decreases over time, thus amounting to «gratis» satisfaction.[47] Thus, private property continually destroys itself, becoming transformed into communal wealth. The increasing proportion of communal wealth to private property results in a tendency toward equality of humanity. «Since the human race began in greatest poverty, that is, when there were the most obstacles to overcome, all that has been achieved from one era to the next is due to the spirit of property.»
This transformation of private property into the communal domain, Bastiat points out, does not imply that personal property will ever totally disappear. On the contrary, this is because man, as he progresses, continually invents new and more sophisticated needs and desires.
Andrew J. Galambos: a precise definition of property[edit]
Andrew J. Galambos (1924–1997) was an astrophysicist and philosopher who innovated a social structure that sought to maximize human peace and freedom. Galambos’ concept of property was essential to his philosophy. He defined property as a man’s life and all non-procreative derivatives of his life. (Because the English language is deficient in omitting the feminine from «man» when referring to humankind, it is implicit and obligatory that the feminine is included in the term «man.»)
Galambos taught that property is essential to a non-coercive social structure. He defined freedom as follows: «Freedom is the societal condition that exists when every individual has full (100%) control over his property.»[48] Galambos defines property as having the following elements:
- Primordial property, which is an individual’s life
- Primary property, which includes ideas, thoughts, and actions
- Secondary property includes all tangible and intangible possessions that are derivatives of the individual’s primary property.
Property includes all non-procreative derivatives of an individual’s life; this means children are not the property of their parents.[49] and «primary property» (a person’s own ideas).[50]
Galambos repeatedly emphasized that actual government exists to protect property and that the State attacks property.
For example, the State requires payment for its services in the form of taxes whether or not people desire such services. Since an individual’s money is his property, the confiscation of money in the form of taxes is an attack on property. Military conscription is likewise an attack on a person’s primordial property.
Contemporary views[edit]
Contemporary political thinkers who believe that natural persons enjoy rights to own property and enter into contracts espouse two views about John Locke. On the one hand, some admire Locke, such as William H. Hutt (1956), who praised Locke for laying down the «quintessence of individualism.» On the other hand, those such as Richard Pipes regard Locke’s arguments as weak and think that undue reliance thereon has weakened the cause of individualism in recent times. Pipes has written that Locke’s work «marked a regression because it rested on the concept of Natural Law» rather than upon Harrington’s sociological framework.
Hernando de Soto has argued that an essential characteristic of the capitalist market economy is the functioning state protection of property rights in a formal property system which records ownership and transactions. These property rights and the whole legal system of property make possible:
- Greater independence for individuals from local community arrangements to protect their assets
- Clear, provable, and protectable ownership
- The standardization and integration of property rules and property information in a country as a whole
- Increased trust arising from a greater certainty of punishment for cheating in economic transactions
- More formal and complex written statements of ownership that permit the more straightforward assumption of shared risk and ownership in companies, and insurance against the risk
- Greater availability of loans for new projects since more things can serve as collateral for the loans
- Easier access to and more reliable information regarding such things as credit history and the worth of assets
- Increased fungibility, standardization, and transferability of statements documenting the ownership of property, which paves the way for structures such as national markets for companies and the easy transportation of property through complex networks of individuals and other entities
- Greater protection of biodiversity due to minimizing of shifting agriculture practices
According to de Soto, all of the above enhance economic growth.[51] Academics have criticized the capitalist frame through which property is viewed pointing to the fact that commodifying property or land by assigning it monetary value takes away from the traditional cultural heritage, particularly from first nation inhabitants.[52][53] These academics point to the personal nature of property and its link to identity being irreconcilable with wealth creation that contemporary Western society subscribes to.[52]
See also[edit]
- Allemansrätten
- Anarchism
- Binary economics
- Buying agent
- Capitalism
- Communism
- Homestead principle
- Immovable property
- Inclusive Democracy
- International Property Rights Index
- Labor theory of property
- Land (economics)
- Libertarianism
- Lien
- Off plan
- Ownership society
- Patrimony
- Personal property
- Propertarian
- Property is theft
- Property law
- Property rights (economics)
- Socialism
- Sovereignty
- Taxation as theft
- Interpersonal relationship
- Public liability
Property-giving (legal)
- Charity
- Essenes
- Gift
- Kibbutz
- Monasticism
- Tithe, Zakat (modern sense)
Property-taking (legal)
- Adverse possession
- Confiscation
- Eminent domain
- Fine
- Jizya
- Nationalization
- Regulatory fees and costs
- Search and seizure
- Tariff
- Tax
- Turf and twig (historical)
- Tithe, Zakat (historical sense)
- RS 2477
Property-taking (illegal)
- Theft
References[edit]
- ^ Powell, Richard R. (2009). «2.02». In Wolf, Michael Alan (ed.). Powell on Real Property. New Providence, NJ. ISBN 9781579111588.
- ^ «property», WordNet, retrieved 2010-06-19
- ^ Gregory, Paul R.; Stuart, Robert C. (2003). Comparing Economic Systems in the Twenty-First Century. Boston: Houghton Mifflin. p. 27. ISBN 0-618-26181-8.
There are three broad forms of property ownership-private, public, and collective (cooperative).
- ^ Pellissary, Sony; Dey Biswas, Sattwick (November 2012). «Emerging Property Regimes in India: What it Holds for the Future of Socio-economic Rights?» (PDF). www.irma.ac.in. Institute of Rural Management Anand. Retrieved 26 October 2021.
- ^ Graber, David (2002). Toward an Anthropological Theory of Value. New York: Palgrave. p. 9. ISBN 978-0-312-24044-8.
…one might argue that property is a social relationship as well, reified in the same way: when one buys a car one is not purchasing the right to use it so much as the right to prevent others from using it-or, to be even more precise, one is purchasing their recognition that one has the right to do so. But since it is so diffuse, a social relation- a contract, in effect, between the owner and everyone else in the entire world is easy to think of it as a thing.
- ^ Max Planck Institute for Social Anthropology, Property in Anthropology, «Max Planck Institute for Social Anthropology». Archived from the original on 2015-01-16. Retrieved 2015-01-15.
- ^ «Molinari Institute — Anti-Copyright Resources». praxeology.net. Retrieved 2022-12-29.
- ^ Understanding the Global Economy, Howard Richards (p. 355). Peace Education Books. 2004. ISBN 978-0-9748961-0-6.
- ^ An inquiry into the nature and causes of the wealth of nations. Hackett Publishing Company. 1993. p. 177. ISBN 0-87220-204-6. Retrieved 2011-12-15.
- ^
Mundy, John Hine (1995). «Medieval Urban Liberty». In Davis, Richard W. (ed.). The Origins of Modern Freedom in the West. Making of modern freedom. Stanford, California: Stanford University Press. p. 133. ISBN 9780804724746. Retrieved 4 April 2023.Rehearsing other Roman passages, [civilian jurists] found that private property guaranteed freedom by limiting princes and government.
- ^
Fuglestad, Eirik Magnus (1 June 2018). «America: ‘Destined to Let Freedom Grow’«. Private Property and the Origins of Nationalism in the United States and Norway: The Making of Propertied Communities. Cham, Switzerland: Springer. p. 50. ISBN 9783319899503. Retrieved 4 April 2023.[ A quote from 1768] demonstrates again the centrality of property ownership to the colonists’ concept of freedom: property was what made men free, and not ‘slaves’ or ‘like beasts subdued by whips and goads.’ […] Property had the potential of creating independence for the individual because, by utilizing and shaping the earth through one’s labor and having exclusive (property) right to it, one created the means to act freely in the world. […] In a letter that Thomas Jefferson wrote […] thirty years after the American Revolution, he also expressed the importance of private property if an individual was to be free […]. […] Owning landed property could satisfy the wants and needs of the individual, this made him or her free.
- ^ «13 Code of Federal Regulations § 314.1 («Definitions»)». Cornell University’s Legal Information Institute. Retrieved 2021-05-09.
Property means Real Property, Personal Property and mixed Property. . . . Real Property means any land, whether raw or improved, and includes structures, fixtures, appurtenances and other permanent improvements, excluding moveable machinery and equipment. Real Property includes land that is served by the construction of Project infrastructure (such as roads, sewers, and water lines) where the infrastructure contributes to the value of such land as a specific purpose of the Project.
- ^ «John Locke: Second Treatise of Civil Government: Chapter 5». Retrieved 14 May 2015.
- ^ «News – WendyMcElroy.com». Archived from the original on 6 July 2008. Retrieved 14 May 2015.
- ^ «Molinari Institute – Anti-Copyright Resources». Retrieved 14 May 2015.
- ^ «The North American Model of Wildlife Conservation and Public Trust Doctrine». Archived from the original on 2012-01-19. Retrieved 2012-08-19.
- ^ «Archived copy» (PDF). Archived from the original (PDF) on 2008-02-27. Retrieved 2007-12-31.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ Mckay, John P. , 2004, «A History of World Societies.» Boston: Houghton Mifflin Company
- ^ a b c d «An Englishman’s home is his castle». Phrases.org.uk. Retrieved 6 December 2018.
- ^ See, for example, «United States v. Willow River Power Co.» (not a property right because the force of law not behind it); «Schillinger v. the United States,» 155 U.S. 163 (1894) (patent infringement is a tort, not taking of property); «Zoltek Corp. v. United States», 442 F.3d 1345 (Fed. Cir. 2006).
- ^ » Penn Central Transportation Co. v. City of New York», 438 U.S. 104 (1978).
- ^ See United States v. Riverside Bayview Homes, 474 U.S. 121 (1985).
- ^ United States v. Causby, 328 U.S. 256 (1946).
- ^ «Property». Graham Oppy. «The shorter Routledge encyclopedia of philosophy.» Editor Edward Craig. Routledge, 2005, p. 858
- ^ Locke, John (1690). «The Second Treatise of Civil Government». Retrieved 2010-06-26.
- ^ Leo XIII (1891), Rerum novarum On the Rights and Duties of Capital and Labor, paragraph 5, accessed 30 January 2023
- ^ Hann, Chris «A new double movement? Anthropological perspectives on property in the age of neoliberalism» Socio-Economic Review, Volume 5, Number 2, April 2007, pp. 287–318(32)
- ^ Engels, Friedrich. «The Principles of Communism». Vorwärts – via Marxist Internet Archive.
- ^ Cited in Merrill & Smith (2017), pp. 238–39.
- ^ Samuel Noah Kramer. «From the Tablets of Sumer: Twenty-Five Firsts in Man’s Recorded History.» Indian Hills: The Falcon’s Wing Press, 1956.
- ^ «Property and Freedom». www.nytimes.com. Retrieved 2018-01-10.
- ^ This bears some similarities to the over-use argument of Garrett Hardin’s «Tragedy of the Commons.»
- ^ Carlyle, A.J. (1913). Property: Its Duties and Rights. London: Macmillan. p. 121. Retrieved 4 April 2015. citing Cicero, De officiis, i. 7, «Sunt autem privata nulla natura».
- ^ Carlyle, A.J. (1913). Property: Its Duties and Rights. London: Macmillan. p. 122. Retrieved 4 April 2015. citing Seneca, Epistles, xiv, 2.
- ^ Carlyle, A.J. (1913). Property: Its Duties and Rights. London: Macmillan. p. 125. Retrieved 4 April 2015.
- ^ Carlyle, A.J. (1913). Property: Its Duties and Rights. London: Macmillan. p. 127. Retrieved 4 April 2015. citing Decretum, D. viii. Part I.
- ^ Carlyle, A.J. (1913). Property: Its Duties and Rights. London: Macmillan. p. 128. Retrieved 4 April 2015.
- ^ «Summa Theologica: Theft and robbery (Secunda Secundae Partis, Q. 66)». Retrieved 14 May 2015.
- ^ «The Origin of Property.» Anti Essays. 27 May 2012, <http://www.antiessays.com/free-essays/226947.html>
- ^ John Locke, «The Second Treatise of Civil Government» (1690), Chap. IX, §§ 123–124.
- ^ John Locke, «The Second Treatise of Civil Government» (1690), Chap. XI, § 136.
- ^ John Locke, «The Second Treatise of Civil Government» (1690), Chap. XI, § 137.
- ^ This view is reflected in the opinion of the United States Supreme Court in «United States v. Willow River Power Co.».
- ^ An Inquiry Into the Nature and Causes of the Wealth of Nations, by Adam Smith, Cooke & Hale, 1818, p. 167
- ^ The Radical Liberalism of Charles Comte and Charles Dunoyer Archived 2006-01-30 at the Wayback Machine
- ^ Bastiat: Economic Harmonies.
- ^ «Economic Harmonies (Boyers trans.) – Online Library of Liberty». Retrieved 14 May 2015.
- ^ Galambos, Andrew (1999). Sic Itur Ad Astra. San Diego, California: The Universal Scientific Publications Company, Inc. pp. 868–869. ISBN 0-88078-004-5.
- ^ Galambos, Andrew (1999). Sic Itur Ad Astra. San Diego, California: The Universal Scientific Publications Company, Inc. p. 23. ISBN 0-88078-004-5.
- ^ Galambos, Andrew (1999). Sic Itur Ad Astra. San Diego, California: The Universal Scientific Publications Company, Inc. pp. 39, 52, 84, 92–93, 153, 201, 326. ISBN 0-88078-004-5.
- ^ «Finance & Development, March 2001 – The Mystery of Capital». Finance, and Development – F&D. Retrieved 14 May 2015.
- ^ a b Kristen A. Carpenter, Sonia Katyal, and Angela Riley, ‘In Defense of Property’ [2009] 118 Yale L J 101, 101–117, 124–138
- ^ Margaret Jane Radin, Property and Personhood, 34 STAN. L. REV. 957, 1013-15 (1982)
Bibliography[edit]
- Bastiat, Frédéric, 1850. Economic Harmonies. W. Hayden Boyers.
- Bastiat, Frédéric, 1850. «The Law», tr. Dean Russell.
- Bethell, Tom, 1998. «The Noblest Triumph: Property and Prosperity through the Ages.» New York: St. Martin’s Press.
- Blackstone, William, 1765–69. «Commentaries on the Laws of England», 4 vols. Oxford Univ. Press. Especially Books the Second and Third.
- De Soto, Hernando, 1989. «The Other Path». Harper & Row.
- De Soto, Hernando, and Francis Cheneval, 2006. Realizing Property Rights. Ruffer & Rub.
- Ellickson, Robert, 1993. ««Property in Land» (PDF). Archived from the original (PDF) on 2008-04-09. (6.40 MB)«, Yale Law Journal 102: 1315–1400.
- Mckay, John P., 2004, «A History of World Societies». Boston: Houghton Mifflin Company
- Palda, Filip (2011) «Pareto’s Republic and the New Science of Peace» 2011 [1] chapters online. Published by Cooper-Wolfling. ISBN 978-0-9877880-0-9
- Pipes, Richard, 1999. «Property and Freedom». New York: Knopf Doubleday. ISBN 978-0-375-40498-6
External links[edit]
- Quotations related to Property at Wikiquote
- Concepts of Property, Hugh Breakey, Internet Encyclopedia of Philosophy
- «Right to Private Property», Tibor Machan, Internet Encyclopedia of Philosophy
- Friedmann, Wolfgang (1974). «Property». In Wiener, Philip P. (ed.). Dictionary of the History of Ideas: Studies of Selected Pivotal Ideas. Vol. 3 (University of Virginia, Electronic Text Center ed.). New York: Scribners. pp. 650–657.
- «Property and Ownership» Jeremy Waldron, The Stanford Encyclopedia of Philosophy (Winter 2016 Edition), Edward N. Zalta (ed.).
-
Defenition of the word property
- Something that is owned.
- An abstract quality associated with an object.
- any area set aside for a particular purpose; «who owns this place?»
- a basic or essential attribute shared by all members of a class; «a study of the physical properties of atomic particles»
- a construct whereby objects or individuals can be distinguished; «self-confidence is not an endearing property»
- any tangible possession that is owned by someone; «that hat is my property»
- any movable articles or objects used on the set of a play or movie; «before every scene he ran down his checklist of props»
- any area set aside for a particular purpose; «who owns this place?»; «the president was concerned about the property across from the White House»
- something owned; any tangible or intangible possession that is owned by someone; «that hat is my property»; «he is a man of property»;
- any movable articles or objects used on the set of a play or movie
- a basic or essential attribute shared by all members of a class
- a construct whereby objects or individuals can be distinguished
- any area set aside for a particular purpose
- something owned; any tangible or intangible possession that is owned by someone
Synonyms for the word property
-
- acreage
- assets
- attribute
- belongings
- chattels
- dimension
- estate
- goods
- holding
- home
- house
- land
- material goods
- material possession
- place
- possessions
- prop
Similar words in the property
-
- property
- property’s
Meronymys for the word property
-
- mise en scene
- setting
- stage setting
Hyponyms for the word property
-
- actinism
- age
- analyticity
- anisotropy
- aroma
- boatyard
- bodily property
- body
- center
- centre
- character
- characteristic
- chemical property
- church property
- colony
- commonage
- community property
- compositeness
- composition
- concentration
- connectivity
- consistence
- consistency
- constitution
- custard pie
- degree
- device characteristic
- disposition
- duality
- edibility
- edibleness
- estate
- eubstance
- extension
- fashion
- feature
- feature of speech
- feel
- fullness
- genetic endowment
- grade
- hatchery
- heirloom
- hereditament
- heredity
- hydrophobicity
- immovable
- insolubility
- intellectual property
- isotropy
- landholding
- lease
- letting
- level
- lineament
- magnitude
- make-up
- makeup
- manner
- material possession
- mellowness
- mode
- odor
- odour
- olfactory property
- optics
- personal estate
- personal property
- personalty
- physical composition
- physical property
- primality
- private property
- public property
- quality
- ratables
- rateables
- real estate
- real property
- realty
- rental
- richness
- saltiness
- salvage
- sanctuary
- scent
- selectivity
- shareholding
- size
- smell
- solubility
- solvability
- sound property
- spatial property
- spatiality
- spirituality
- spiritualty
- stockholding
- stockholdings
- strength
- style
- sustainability
- symmetry
- tactile property
- tangible possession
- taste property
- temporal property
- things
- trade-in
- trust
- unsolvability
- vascularity
- viability
- visual property
- wave-particle duality
- way
- weakness
- wealth
- worldly belongings
- worldly goods
- worldly possessions
Hypernyms for the word property
-
- attribute
- concept
- conception
- construct
- geographic area
- geographic region
- geographical area
- geographical region
- object
- physical object
- possession
- stuff
- sundries
- sundry
- whatchamacallit
- whatsis
See other words
-
- What is schism
- The definition of separation
- The interpretation of the word sharing out
- What is meant by splitting up
- The lexical meaning branched
- The dictionary meaning of the word propertied
- The grammatical meaning of the word dividing line
- Meaning of the word demarcation
- Literal and figurative meaning of the word classification
- The origin of the word offshoots
- Synonym for the word flotilla
- Antonyms for the word wingspreads
- Homonyms for the word limbaugh
- Hyponyms for the word limberer
- Holonyms for the word limbered
- Hypernyms for the word limber
- Proverbs and sayings for the word limberest
- Translation of the word in other languages limbers
- Top Definitions
- Synonyms
- Quiz
- Related Content
- Examples
- British
This shows grade level based on the word’s complexity.
[ prop-er-tee ]
/ ˈprɒp ər ti /
This shows grade level based on the word’s complexity.
noun, plural prop·er·ties.
that which a person owns; the possession or possessions of a particular owner: They lost all their property in the fire.
goods, land, etc., considered as possessions: The corporation is a means for the common ownership of property.
a piece of land or real estate: property on Main Street.
ownership; right of possession, enjoyment, or disposal of anything, especially of something tangible: to have property in land.
something at the disposal of a person, a group of persons, or the community or public: The secret of the invention became common property.
an essential or distinctive attribute or quality of a thing: the chemical and physical properties of an element.
Logic.
- any attribute or characteristic.
- (in Aristotelian logic) an attribute not essential to a species but always connected with it and with it alone.
Also called prop. a usually movable item, other than costumes or scenery, used on the set of a theater production, motion picture, etc.; any object handled or used by an actor in a performance.
a written work, play, movie, etc., bought or optioned for commercial production or distribution.
a person, especially one under contract in entertainment or sports, regarded as having commercial value: an actor who was a hot property at the time.
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Origin of property
1275–1325; Middle English proprete possession, attribute, what is one’s own, equivalent to propreproper + -te-ty2. See propriety
synonym study for property
1. Property, chattels, effects, estate, goods refer to what is owned. Property is the general word: She owns a great deal of property. He said that the umbrella was his property. Chattels is a term for pieces of personal property or movable possessions; it may be applied to livestock, automobiles, etc.: a mortgage on chattels. Effects is a term for any form of personal property, including even things of the least value: All his effects were insured against fire. Estate refers to property of any kind that has been, or is capable of being, handed down to descendants or otherwise disposed of in a will: He left most of his estate to his niece. It may consist of personal estate (money, valuables, securities, chattels, etc.), or real estate (land and buildings). Goods refers to household possessions or other movable property, especially that comprising the stock in trade of a business: The store arranged its goods on shelves. 6. See quality.
OTHER WORDS FROM property
prop·er·ty·less, noun
Words nearby property
proper noun, propertied, properties, proper time, Propertius, property, property bond, property centre, property damage insurance, property man, property right
Dictionary.com Unabridged
Based on the Random House Unabridged Dictionary, © Random House, Inc. 2023
Words related to property
equity, estate, farm, goods, home, house, land, ownership, plot, tract, wealth, worth, acreage, acres, assets, belongings, buildings, capital, chattels, claim
How to use property in a sentence
-
SEOs have been complaining for years that Google is taking up ever more SERP real estate with their own properties and money-makers.
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Several San Diego City Council members have expressed interest in a new tax that would pay for more low-income housing by charging property owners who leave their homes vacant.
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To make things worse, she had an accident while on my property and sued the company that owns the development.
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If some City Council members get their wish, San Diego will soon study whether it can pay for low-income housing by charging property owners who leave their homes vacant.
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The team’s insight is that they could leverage these quantum properties to build a system similar to neurons and synapses in the brain.
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Last week, property owners were beaten by security guards as they confronted a real-estate developer who defrauded them.
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When the police showed up, it was the property owners who were arrested.
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We employ inventory management to help solidify their property and make sure they have a better record of their possessions.
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The twin entrepreneurs and stars of HGTV’s Property Brothers will be taking your questions live on Tuesday, December 16 at 2pm.
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Shadman transferred millions to banks outside Afghanistan in 2013 to buy property to open a business in Dubai, according to Banes.
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The old earl’s property, the source of his wealth, as from his title the reader will have shrewdly guessed, was in collieries.
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But one thing remained for Felipe now, If Ramona lived, he would find her, and restore to her this her rightful property.
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He used to walk through the park, and note with pleasure the care that his father bestowed on the gigantic property.
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The “Compañia General de Tabacos” lost about ₱30,000 in cash in addition to the damage done to their offices and property.
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For example, there is a vast discussion afoot upon the questions that centre upon Property, its rights and its limitations.
British Dictionary definitions for property
noun plural -ties
something of value, either tangible, such as land, or intangible, such as patents, copyrights, etc
law the right to possess, use, and dispose of anything
possessions collectively or the fact of owning possessions of value
- a piece of land or real estate, esp used for agricultural purposes
- (as modifier)property rights
mainly Australian a ranch or station, esp a small one
a quality, attribute, or distinctive feature of anything, esp a characteristic attribute such as the density or strength of a material
logic obsolete another name for proprium
any movable object used on the set of a stage play or filmUsually shortened to: prop
Word Origin for property
C13: from Old French propriété, from Latin proprietās something personal, from proprius one’s own
Collins English Dictionary — Complete & Unabridged 2012 Digital Edition
© William Collins Sons & Co. Ltd. 1979, 1986 © HarperCollins
Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012
Princeton’s WordNetRate this definition:3.0 / 7 votes
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property, belongings, holdingnoun
something owned; any tangible or intangible possession that is owned by someone
«that hat is my property»; «he is a man of property»;
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propertynoun
a basic or essential attribute shared by all members of a class
«a study of the physical properties of atomic particles»
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place, propertynoun
any area set aside for a particular purpose
«who owns this place?»; «the president was concerned about the property across from the White House»
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property, attribute, dimensionnoun
a construct whereby objects or individuals can be distinguished
«self-confidence is not an endearing property»
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property, propnoun
any movable articles or objects used on the set of a play or movie
«before every scene he ran down his checklist of props»
WiktionaryRate this definition:5.0 / 1 vote
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propertynoun
Something that is owned.
Leave those books alone! They are my property.
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propertynoun
A piece of real estate, such as a parcel of land.
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propertynoun
real estate; the business of selling houses.
He works in property as a housing consultant.
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propertynoun
The exclusive right of possessing, enjoying and disposing of a thing.
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propertynoun
An attribute or abstract quality associated with an individual, object or concept.
Charm is his most endearing property
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propertynoun
An attribute or abstract quality which is characteristic of a class of objects.
Matter can have many properties, including color, mass and density.
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propertynoun
An editable or read-only parameter associated with an application, component or class, or the value of such a parameter.
You need to set the debugging property to «verbose».
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propertynoun
An object used in a dramatic production
Costumes and scenery are distinguished from property properly speaking
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Etymology: From / proprete, from propreté, from propriete (modern propriété), itself, from proprietas, from proprius ‘own’.
Samuel Johnson’s DictionaryRate this definition:0.0 / 0 votes
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Propertynoun
Etymology: from proper.
1. Peculiar quality.
What special property or quality is that, which being no where found but in sermons, maketh them effectual to save souls?
Richard Hooker, b. v. s. 22.A secondary essential mode, is any attribute of a thing, which is not of primary consideration, and is called a property.
Isaac Watts.2. Quality; disposition.
’Tis conviction, not force, that must induce assent; and sure the logick of a conquering sword has no great property that way; silence it may, but convince it cannot.
D. of Piety.It is the property of an old sinner to find delight in reviewing his own villanies in others.
Robert South, Sermons.3. Right of possession.
Some have been deceived into an opinion, that the inheritance of rule over men, and property in things, sprung from the same original, and were to descend by the same rules.
John Locke.Property, whose original is from the right a man has to use any of the inferior creatures, for subsistence and comfort, is for the sole advantage of the proprietor, so that he may even destroy the thing that he has property in.
John Locke.4. Possession held in one’s own right.
For numerous blessings yearly show’r’d,
And property with plenty crown’d,
Accept our pious praise.
Dryden.5. The thing possessed.
’Tis a thing impossible
I should love thee but as a property.
William Shakespeare.No wonder such men are true to a government, where liberty runs so high, where property is so well secured.
Jonathan Swift.6. Nearness or right. I know not which is the sense in the following lines.
Here I disclaim all my paternal care,
Propinquity, and property of blood,
And as a stranger to my heart and me,
Hold thee.
William Shakespeare, King Lear.7. Something useful; an appendage.
I will draw a bill of properties, such as our play wants.
William Shakespeare, Midsummer’s Night’s Dream.The purple garments raise the lawyer’s fees,
High pomp and state are useful properties.
Dryden.Greenfield was the name of the property man in that time, who furnished implements for the actors.
Alexander Pope.8. Property for propriety.Any thing peculiarly adapted.
Our poets excel in grandity and gravity, smoothness and property, in quickness and briefness.
William Camden. -
To Propertyverb
Etymology: from the noun.
1. To invest with qualities.
His rear’d arm
Crested the world; his voice was property’d
As all the tuned spheres.
William Shakespeare, Ant. and Cleop.2. To seize or retain as something owned, or in which one has a right; to appropriate; to hold. This word is not now used in either meaning.
His large fortune
Subdues and properties to his love and tendance
All sorts of hearts.
William Shakespeare, Timon of Athens.They have here propertied me, keep me in darkness, and do all they can to face me out of my wits.
William Shakespeare.I am too highborn to be propertied,
To be a secondary at controul.
William Shakespeare, King John.
Webster DictionaryRate this definition:3.0 / 3 votes
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Propertyadjective
that which is proper to anything; a peculiar quality of a thing; that which is inherent in a subject, or naturally essential to it; an attribute; as, sweetness is a property of sugar
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Propertyadjective
an acquired or artificial quality; that which is given by art, or bestowed by man; as, the poem has the properties which constitute excellence
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Propertyadjective
the exclusive right of possessing, enjoying, and disposing of a thing; ownership; title
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Propertyadjective
that to which a person has a legal title, whether in his possession or not; thing owned; an estate, whether in lands, goods, or money; as, a man of large property, or small property
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Propertyadjective
all the adjuncts of a play except the scenery and the dresses of the actors; stage requisites
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Propertyadjective
propriety; correctness
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Propertyverb
to invest which properties, or qualities
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Propertyverb
to make a property of; to appropriate
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Etymology: [OE. proprete, OF. propret property, F. propret neatness, cleanliness, proprit property, fr. L. proprietas. See Proper, a., and cf. Propriety.]
FreebaseRate this definition:3.0 / 1 vote
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Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation. Depending on the nature of the property, an owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy it, or to exclude others from doing these things.
The Restatement of Property defines Property as any thing, tangible or intangible whereby a legal relationship between persons and the State enforces a possessory interest or legal title in that thing. This mediating relationship between individual, property and state is called as property regimes.
Important widely recognized types of property include real property, personal property, private property, public property and intellectual property, although the latter is not always as widely recognized or enforced. A title, or a right of ownership, establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit.
Chambers 20th Century DictionaryRate this definition:0.0 / 0 votes
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Property
prop′ėr-ti, n. that which is proper to any person or thing: a quality which is always present: any quality: that which is one’s own: an estate: right of possessing, employing, &c.: ownership: (Shak.) individuality: (pl.) articles required by actors in a play.—v.t. (Shak.) to invest with certain properties: to make a tool of, appropriate.—adj. Prop′ertied, possessed of property or possessions.—ns. Prop′erty-man, -mas′ter, one who has charge of the stage properties in a theatre; Prop′erty-room, the room in which the stage properties of a theatre are kept; Prop′erty-tax, a tax paid by persons possessed of property, at the rate of so much per cent. on its value.—Movable or Personal property, property that may attend the person of the owner, movables; Private property, that which belongs to an individual for his personal disposition and use—opp. to Public property; Real property, lands, tenements, and hereditaments, real estate; Qualified property, the right a man has in reclaimed wild animals—also called Special property: such right as a bailee has in the chattel transferred to him by the bailment. [O. Fr. properte—a doublet of propriety.]
Dictionary of Military and Associated TermsRate this definition:2.5 / 2 votes
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property
1. Anything that may be owned. 2. As used in the military establishment, this term is usually confined to tangible property, including real estate and materiel. For special purposes and as used in certain statutes, this term may exclude such items as the public domain, certain lands, certain categories of naval vessels, and records of the Federal Government.
Editors ContributionRate this definition:0.0 / 0 votes
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property
A dwelling or form of housing.
The property was beautifully advertised and did reflect the true price.
Submitted by MaryC on March 29, 2020
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property
A type of space and structure.
The property market consists of apartments, flats, houses, business premises, shops and other types of properties.
Submitted by MaryC on February 15, 2020
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property
An area created for a specific purpose.
The property was a size reasonable to meet a need.
Submitted by MaryC on February 13, 2020
Matched Categories
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- Attribute
- Concept
- Geographical Area
- Object
British National Corpus
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Spoken Corpus Frequency
Rank popularity for the word ‘property’ in Spoken Corpus Frequency: #772
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Written Corpus Frequency
Rank popularity for the word ‘property’ in Written Corpus Frequency: #1497
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Nouns Frequency
Rank popularity for the word ‘property’ in Nouns Frequency: #229
How to pronounce property?
How to say property in sign language?
Numerology
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Chaldean Numerology
The numerical value of property in Chaldean Numerology is: 1
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Pythagorean Numerology
The numerical value of property in Pythagorean Numerology is: 7
Examples of property in a Sentence
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Chen Zhitao:
Shenzhen’s current property dilemma … is no longer to protect families in need, but how to find housing for its (professional) talent.
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Gwede Mantashe:
You will never find it on government property. But you can see it being flown in the meetings of ultra right wing groups, but not in public, it is not something that is socially widespread here.
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Charissa Thompson:
When it comes to your physical being and intimate photos between you and your boyfriend and things that you sent to someone when you were in a long-distance relationship and in love, it is your private property, so it felt — the obvious — like such an invasion. But then the depths I am still taking to get back that privacy are unbelievable. The way I equate is someone came into my home, robbed my home of all its possessions, put it out in the cul-de-sac right in front of me, and I had to buy all of it right back to put back in my house. The star acknowledged that, unlike Andrews who saw the person that leaked her image caught and thrown in jail for 2 and a half years, she’s still seeking justice.
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Jason Langdon:
I want to know what’s on my property, they could be here. They could be anywhere.
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Hope Jay:
For the most part, there were balloons, there was a deer that went crooked on the wall, there was some saran wrap, there’s been no damage, no destruction, no graffiti, no defacing of property, and no police reports.
Popularity rank by frequency of use
Translations for property
From our Multilingual Translation Dictionary
- ملك, ملكية, خاصية, خاصةArabic
- propietat, possessió, pertinençaCatalan, Valencian
- vlastnictví, nemovitost, vlastnost, majetekCzech
- egenskab, ejendom, besiddelse, ejendomsretDanish
- Eigenschaft, Anwesen, Besitz, Grundbesitz, Eigentum, GrundstückGerman
- ιδιοκτησία, ιδιότητα, κτήμαGreek
- eco, propraĵo, proprieto, trajto, posedaĵo, bieno, propreco, proprietaĵo, havoEsperanto
- propiedad, pertenecia, cualidad, posesión, finca, bienesSpanish
- خاصیتPersian
- ominaisuus, tontti, omistusoikeus, kiinteistö, omaisuus, tila, määräala, omistusFinnish
- ogn, ognarrættur, eginleikiFaroese
- propriété, possession, accessoire, domaineFrench
- eigenskipWestern Frisian
- dílseacht, seilbh, sealúchas, réadmhaoin, maoinIrish
- sealbhScottish Gaelic
- propiedadeGalician
- מאפיין, תכונה, זכות הקניין, נכס, רכושHebrew
- संपत्तिHindi
- tulajdonjog, tulajdon, tulajdonság, kellék, ingatlan, birtokHungarian
- ունեցվածք, անշարժ գույք, գույք, սեփականությունArmenian
- proprietate, possession, immobile, peculioInterlingua
- proprietajo, posedajo, havajo, proprietoIdo
- eiginleiki, fasteign, eign, landeignIcelandic
- possesso, qualità, beni, proprietà, possidenza, beni immobiliItalian
- 特性, 資産, 特徴, 所有物, 所有権, 属性, 財産, 所有地Japanese
- საკუთრებაGeorgian
- ទ្រព្យ, អចលវត្ថុKhmer
- 소유관, 소유지, 재산, 소유물, 성질Korean
- res, dominium, possessio, proprietās, bona, possessionemLatin
- nuosavybė, savybė, turtasLithuanian
- īpašumsLatvian
- fananana, tondroMalagasy
- hautaongaMāori
- своина, сопственост, својство, реквизит, имот, поседокMacedonian
- eiendom, eiendomsrett, egenskap, løsøreNorwegian
- eigendomsrecht, kenmerk, bezitting, eigenschap, eigendom, goed, rekwisiet, bezit, karakteristiek, pandDutch
- lausøyre, eigenskap, eigedomsrett, eigedomNorwegian Nynorsk
- tomtNorwegian
- własność, posiadłość, wyróżnik, posesja, prawo własności, właściwość, cecha, posiadaniePolish
- propriedade, acessório, possessão, qualidade, bemPortuguese
- posesie, atribut, drept de proprietate, caracter, posesiune, însușire, proprietateRomanian
- свойство, собственность, качество, недвижимость, право собственности, имуществоRussian
- власништво, svójstvo, imánje, посед, svojìna, gospodárstvo, својина, posed, pósjed, osobìna, vlȃsnīštvoSerbo-Croatian
- majetokSlovak
- lastnost, lastnina, last, lastništvoSlovene
- egendom, rekvisita, egenskapSwedish
- சொத்துTamil
- ఆస్తిTelugu
- คุณสมบัติThai
- mal, mülk, vasıf, emlak, nitelik, mülkiyetTurkish
- власність, якість, властивість, майноUkrainian
- bất động sảnVietnamese
- dalabot, ledutodVolapük
- 屬性Chinese
Get even more translations for property »
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Are we missing a good definition for property? Don’t keep it to yourself…
defendant |
proof |
education law |
property law |
environmental law |
rebuttal evidence |
evidence |
relationship |
exemplary damages |
remedy |
family law |
responsibility |
general damages |
review |
in personam action |
special damages |
in rem action |
specific performance |
injunction |
suit |
injury |
tax law |
insurance law |
to seek damages |
issue |
to sue |
intellectual property law |
tort law |
jurisdiction |
transaction |
jury |
trial |
labour law |
venue |
law of contracts |
will |
3.16. MAKE A REPORT on the topic “Civil Law”, paying attention to the following points in your speech:
—nature of civil law;
—branches of civil law;
—civil trial;
—remedies in civil litigation.
4.1. BEFORE READING learn the following words and phrases which are essential on the topic:
estate — 1) имущество; собственность 2) вещно-правовой титул, право вещного характера, вещно-правовой инте-
рес; имущественный интерес в недвижимости
estate for years — 1) владение имуществом в течение определённо-
го срока, аренда на срок, 2) срочное арендное право
fee simple = freehold — безусловное право собственности на недви-
жимость, неограниченное право собственности
intangible property — 1) неосязаемая собственность 2) нематериальные активы (напр. репутация фирмы) 3) нематериальное
имущество, имущество в правах
interest in property — вещное имущественное право, право в имуществе
46
leasehold — 1) лизгольд, пользование на правах аренды; наем, 2) право использования арендованной собственности 3) арендованное имущество, арендованная собственность
life estate — 1) имущество, находящееся в пожизненном владении,
2) пожизненное право на недвижимое имущество
personal property = personal assets, personal wealth, personalty, personal estate, personal goods, movable property, movables, goods and chattels — индивидуальная [личная] собственность; движимое имущество, движимость (различные материальные и нематериальные активы, которые не относятся к недвижи-
мому имуществу)
possess — владеть, иметь, обладать, располагать (какими-л. мате-
риальными объектами)
real property = realty, real asset, landed property, immovables, immovable property, real estate — недвижимое имущество, недви-
жимость, недвижимая собственность (имущество, использование которого по назначению и без ущерба его характеристикам исключает его перемещение: здания, сооружения, земельные участки и иное имущество, прикрепленное к земле и связанное с ней)
tangible property — 1) осязаемая собственность, 2) материальное имущество, осязаемое имущество, имущество в вещах
title — правовой титул; право собственности; право на имущество; основание права на имущество; документ о правовом титуле
4.2. SCANNING
Real Property
1. The word ‘property’ has several meanings, and in law we must be careful to distinguish between two of them:
(i)Property may mean the thing or things capable of ownership. In this sense the word includes not only physical things such as a pen, desk, watch, and land, but also non-physical things such as patent rights, copyrights, debts, etc. This is the popular sense of the term ‘property’.
(ii)Property may mean ownership. Thus, we may say in law that ‘Mr. Star has the property in a watch’, or in other words, ‘Mr. Star owns a watch’. Both statements mean the same. In a sale of goods where, for example, a student buys a pen, the shop assistant hands the pen to the buyer, and, at the same time, passes ‘the property in
the goods’ (i.e. the ownership) to the buyer by delivery on the sale. 2. On the whole there are two main types of property:
(i)real property, which is land, the buildings, trees, or other items
47
attached to the land, and the rights of land ownership and use; and (ii) personal property, which is all other property, tangible or in-
tangible, except real property.
3. Real property is a legal term encompassing real estate itself and ownership interests in real estate. These interests in property are classified into:
Fee simple (or freehold) is the most common interest or right in real estate and provides the owner the right to use the real estate for any lawful purpose and sell the interest when and to whom the owner wishes.
Life estate is an interest in immovable property which is
granted to a life tenant until that person dies. During the life estate, the life tenant has the right to use the real estate for any lawful purpose. The interest terminates upon the death of the life tenant.
Estate for years is similar to a life estate but term is a specified number of years.
Leasehold is the right to possess and use immovable property
pursuant to the terms of a lease.
Concurrent tenancy (or co-tenancy) indicates the ownership of an interest in immovable property by more than one party. Rights of any single party may be limited in various ways depending on the jurisdiction and type of concurrency.
4.Real property is not just the ownership of property and buildings — it includes many legal relationships between owners of immovable property that are purely conceptual such as the easement, where a neighboring property may have some right on your property or the right to pass over a property.
5.Whereas real property is essential for industry or other activity requiring a lot of fixed physical capital, economics is very concerned with real property and rules regarding its valuation and disposition. In economic terms, real property consists of some natural capital (or
land, including the surface, whatever is attached to the surface such as trees, whatever is beneath the surface, such as minerals, and the area above the surface, i.e., the sky.), and infrastructural capital (the buildings, roads, bridges, power and water lines, and other improvements necessary to make immovable property useful for some human purpose).
6. Methods of acquiring title to real property:
By transfer. Without question, the most common method of acquiring property is by transfer. There are three basic types of property transfers: (1) sale and purchase, (2) gift, and (3) court action (or involuntary transfer).
48
By accession. You may acquire title to property that is added to your existing real estate. This process is called accession. Examples include accretion and addition of fixtures.
By will. A will is a legal instrument by which a person over the age of 18 and of sound mind disposes of property upon his or her death.
By succession. When a deceased person leaves no will, the law
provides for the disposition of his or her property.
By occupancy. Real property or the use of real property can be also gained through (1) abandonment and (2) adverse possession.
4.3. LEXIS
capable — допускающий (что-л.), поддающийся (чему-л.),
способный
property in the goods — право собственности на товар life tenant — пожизненный землевладелец; человек, владеющий оп-
ределенной долей доходов с владений недвижимостью только на время своей жизни
terminate — 1) прекращать (напр. действие, использование), завершать, 2) заканчиваться, завершаться (о времени, о сроках) lease – аренда, сдача внаем; арендный договор, договор об аренде;
срок аренды
concurrent tenancy — совместное владение недвижимостью jurisdiction — территория в подведомственности органа власти concurrency — одновременное (параллельное) владение
purely conceptual — исключительно воображаемый, чисто теоретический, полностью умозрительный
easement — сервитут (в гражданском праве право ограниченного пользования чужим земельным участком)
pass over — переходить через, пересекать
economics — экономика, экономическая наука, политическая экономия, хозяйственная жизнь
valuation — оценка, определение стоимости [ценности] disposition — нахождение в чьем-л. распоряжении, возможность
воспользоваться чем-л., управление чем-л., передача natural capital — природный капитал, физический капитал естест-
венного происхождения (земля и природные богатства) infrastructural capital — капитал, относящийся к инфраструктуре improvements — внесение конструктивных улучшений, модерниза-
ция, элементы благоустройства
acquire title — приобретать право собственности
transfer — передача (имущества, права и т. п.); цессия; трансферт court action – решение суда
accession — увеличение (имущества), присоединение, дополнение
49
accretion – естественное приращение недвижимости (например наращение суши наносами)
fixtures — недвижимый инвентарь (неотделимый от здания или земли и юридически являющийся частью их)
will – завещание
disposes of — распоряжаться имуществом
succession — правопреемство, порядок наследования, наследственное право
deceased person — умершее лицо occupancy – завладение
abandonment — отказ (от права): отказ от собственности без указания наследника
adverse possession — незаконное владение; владение, основанное на утверждении правового титула вопреки притязанию другого лица
4.4. QUESTIONS
1. How does law define the notion of “property”?
2. What are the main types of property?
3.What does the term “real property” encompass?
4.What are the economic aspects of real property?
5.What types of ownership interests in real estate do you know?
6.How a person may acquire title to real property?
4.5. AGREE OR DISAGREE
1. Real property is not just the ownership of property and buildings.
2. Fee simple or freehold is the least common interest or right in real estate.
3.A life estate is the same as an estate for years.
4.The title to real property may be acquired only by succession.
5.The ownership of an interest in immovable property by more than one party is impossible.
4.6. SAY WHAT YOU KNOW about the types of real estate ownership interests and methods of acquiring title to real property in Russia.
4.7. SKIMMING
Space Property Rights Discussion
The global space industry is expanding in directions unanticipated only a decade ago. Entrepreneurial space companies are changing the entire focus of commercial space. An industry once li-
50
mited to satellite telecommunications is now seeing huge private sector investments in space transportation, personal (tourism) spaceflight, Earth-orbit logistics, and resource recovery.
As commercialization of space expands, market opportunities and profitability will be shaped by additions and changes in laws that govern every aspect of space. This will include patents, real property rights, mineral rights, and tax incentives for space entrepreneurs. Resource appropriation and real property rights are two of the most controversial issues in international space law.
The law which governs property rights and resource appropriation is the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, commonly known as the Outer Space Treaty. This treaty entered into force with respect to the United States on October 10, 1967, and a total of 98 nations are now party to the Agreement.
While the Outer Space Treaty does not directly address the issues of property rights and resource appropriation, Article I says that outer space shall be free for exploration and use (emphasis added). This provision is relevant to the issue of resource appropriation. Article II of the treaty prohibits “national appropriation.” This provision is relevant to the issue of property rights.
Most space lawyers agree that the intent and meaning of Article II is to prohibit national control of territory or territorial sovereignty. Virtually all space lawyers agree that this provision prevents parties to the treaty from granting or recognizing titles to territory.
This author and others have noted that Article II of the Outer Space Treaty does not prohibit “private appropriation.” Because private appropriation is not prohibited, and because Article I says that outer space is free for “use,” many lawyers believe that commercial mining of space resources is legal under the treaty. The analogy that space lawyers most often cite on this point is commercial fishing in international waters: although no one owns the oceans, individuals and corporations can catch seafood and sell it for a profit.
TASK: What do you think about the issue? Substantiate your point of view.
4.8. SCANNING
Personal Property
1. In the civil law systems personal property is often called movable property or movables — any property that can be moved from one location to another. In the common law systems per-
sonal property may also be called chattels. Personal property may be
51
classified in a variety of ways, such as money, negotiable instruments, securities, goods, and intangible assets including chose in action. Certain objects that are a part of real estate may become personal property when they are removed from the land, such as cut timber or mined ore.
2. Personal property can be tangible or intangible. Tangible personal property is subject to physical possession. It can include almost anything that occupies space and is movable (i.e., it is not attached to real property or land), touched or felt. These generally include items such as furniture, clothing, jewellery, art, writings, or
household goods.
3. Intangible personal property consists of rights in something that lacks physical substance. Examples include contracts, stocks, bonds, computer software (programs), employment, utility services
(telephone, electricity, etc.), and intellectual property (copyrights, patents, and trademarks).
4. For instance, a written agreement evinces a contract, but the rights under the contract are the important property interest. Likewise, it is not the stock certificate, the computer disk, or the certificate of copyright registration that is the key property interest; these are evidence of property, but the property itself is not capable of physical possession.
5. Acquiring title to personal property:
o contracts, sales of goods, and transfers of commercial paper;
ogifts as a voluntary transfer of property from its owner (donor) to another person (donee) without any compensation for the donor;
oaccession — an addition to the value of personal property, by labor, materials and/or natural process (e.g. growing fruit or adding an air conditioner to an automobile);
opossession — if personal property is lost, mislaid, or abandoned, or clearly had no prior owner, a person may obtain title simply by taking possession of it;
ocreation — a method of gaining title to personal property by invention, art, or other intellectual endeavor (e.g., creating a painting, writing a book, knitting a sweater, developing a computer program).
4.9. LEXIS
civil law system — континентальная правовая система,
римская/цивильная система права
common law system — система, основанная на об- щем/англо-саксонском праве
chattels — движимое имущество, неземельная собственность negotiable instruments — оборотные кредитно-денежные документы
52
securities — ценные бумаги
chose in action — 1) имущество в требованиях; нематериальное имущество, на которое может быть заявлена претензия 2) право требования; право, могущее быть основанием для иска
cut timber — лесоматериалы; строевой лес; древесина mined ore — добытая руда
be subject — подчиняться, зависеть, обусловливаться, быть подверженным
physical substance — материальное состояние, физическая форма, вещественное содержание
stocks — 1) акционерный капитал (капитал, привлеченный путем выпуска и размещения акций), 2) акции; пакет акций; 3) (долговые) фонды; (долговые) ценные бумаги
bonds — облигация; гарантия (выполнения обязательств), поручительство; гарантийное обязательство
employment — наем, прием на работу, трудоустройство utility services — коммунальное обслуживание
evince — доказывать, проявлять, показывать, указывать
stock certificate — свидетельство на долю участия в акционерном капитале, сертификат акции, акционерный сертификат
key — основной, ключевой; важнейший, ведущий, главный capable — 1) могущий, способный 2) правоспособный, дееспособ-
ный 3) поддающийся
acquiring title — приобретение права собственности donor — даритель, податель, жертвующий, жертвователь donee — лицо, получающее дар, подарок
possession — добросовестное владение mislaid — оставленное не в нужном месте
abandoned — оставленный, брошенный, покинутый
intellectual endeavor — интеллектуальный труд, умственные усилия
4.10. QUESTIONS
1.What are the two types of personal property?
2.How can title to personal property be acquired?
3. What personal property is called “tangible”?
4.What property is “intangible” according to the law? Give the examples.
5.Explain the differences between creation and accession as methods of gaining title to personal property.
4.11. AGREE OR DISAGREE
1. All personal property is subject to physical possession.
2. Tangible personal property can include anything that takes up space and is movable.
53
3.Stocks and bonds are examples of intangible property.
4.Utility services cannot be a type of property.
5.No object that is a part of real estate may become personal property.
6.Personal property is not capable of physical possession.
4.12. SAY WHAT YOU KNOW about:
—the distinction between private and personal property;
—the difference between mislaid and abandoned property;
—the distinction between tangible and intangible property.
4.13. DEBATES
A recently issued draft regulation allowing local governments in Sichuan province (China) to take over civilians’ private property for use in dealing with emergencies has triggered a
heated discussion. Some think it is OK if it is for emergencies or for the public’s interest, while others are concerned over possible infringement of personal rights.
Pros — 18% |
Cons — 82% |
Yes. For Sichuan province where |
No. The Constitution provides |
natural disasters are a frequent |
that the legitimate property of cit- |
occurrence, the regulation is |
izens is protected. The regulation |
beneficial to the public and can |
would result in abuse of power |
help the government deal with |
and possible infringement of per- |
emergencies efficiently. |
sonal property rights. |
Do you support the regulation that personal property can be confiscated in dealing with emergencies? Could such a regulation be possible in your jurisdiction?
4.14. SCANNING
Protection of Intellectual
Property Rights in Britain
1. «Intellectual property» (IP) is an original work fixed in a tangible medium of expression. IP refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. IP law creates property rights in original creations to ensure that their originators are able to control their use and receive appropriate financial reward. It embraces patents for the protection of inventions, registered designs, trademarks, trade secrets, and copyright for the protection of original literary, dramatic, musical or artistic works, films, video and sound recordings, broadcasts and computer software.
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Copyright
2.Copyright is a protection automatically conferred in Britain on certain types of original and creative materials. It gives legal rights to the producers of such materials, enabling them to control how their works may be exploited. Broadly speaking, copyright covers copying, reproducing, adapting, performing and broadcasting.
The 1988 Copyright, Designs and Patents Act defines copyright as a ‘property right’ which means that it may be exploited, used, bought and sold — or ‘assigned’ — like any other property.
3.Copyright owners have the exclusive right to perform certain “restricted acts”:
copying the work,
issuing copies to the public,
performing, playing or showing the work in public, broadcasting the work or transmitting it by cable,
making an adaptation or performing any of the other restricted acts with an adaptation,
authorising the rental of material such as video cassettes and receiving a royalty for the rental.
4.It is not necessary to register for copyright protection. However, for record purposes, Stationers’ Hall in London maintains a register in which copyright owners may apply to have their works listed for a period of seven years.
5.Copyright covers works in three main categories:
original literary, dramatic, musical or artistic works, including photographs and architecture;
sound and video recordings, films, broadcasts or cable programmes, and electronic databases,
the typographical arrangement of a published work.
6.A ‘literary’ work need have no aesthetic value for copyright purposes but should simply be the result of independent intellectual effort. Thus the term can cover such materials as technical descriptions and drawings, railway timetables and examination papers. And since the 1988 Act, it also includes computer software.
7.Copyright Ownership. In most cases, the first owner of a copyright is the author or originator of a work, and this includes not only writers and composers but also record and film producers, broadcasters and publishers.
Copyright holders may use their rights to prevent exploitation of their work by others or may licence them to use it. In addition, they may sell their rights like any other piece of property.
Employers retain the rights to any appropriate works produced by their employees in the course of their employment unless special ar-
55
rangements have been made. So, for example, in the main, copyright in articles written by journalists is held by the owners of their newspapers.
In the case of published material generally, the author is usually the first copyright owner of the text whereas the publisher holds the copyright on the actual ‘layout‘ of the publication.
8.The Duration of Copyright. For artistic, musical and literary works, copyright lasts throughout the author’s life and for 50 years after death.
Copyright on films and sound recordings extends for 50 years after the date of release, and for broadcast and cable programmes for 50 years from the date of first showing. Typographical copyright lasts for 25 years from publication.
9.Exceptions to Copyright. Despite the protection which copyright affords to its owners, there are occasions when it does not apply and materials may be used by others without obtaining permission to do so. In general, this involves the reproduction or quotation of extracts for research, study, criticism, review and news reporting. In addition, copyright considerations should not hinder education or the operation of libraries or public administration. The 1988 Act also provided for exceptions in the case of ‘time-shift’ recording of radio and television programmes in the home.
9.Exercising Copyright. Copyright owners may licence others to use that copyright. This may be in terms of some or all of the ‘restricted acts’ and it may be ‘exclusive’, that is such that not even the first owner will be able to exercise the relevant rights.
4.15. LEXIS
fixed in a tangible medium of expression – закреплённый
в материальной форме, воплощенный в материальном объекте
reward – вознаграждение, награждение, поощрение recording — звукозапись, видеозапись
broadcast — радиопередача; радиовещание, телевизионная передача; ТВ-вещание
computer software — компьютерное программное обеспечение exclusive right — исключительное, эксклюзивное право; прерогатива issuing copies — издание материалов; выпуск экземпляров, копий adaptation — приспособление, адаптация; переделка; усовершенст-
вование, улучшение rental — прокат, аренда
royalty — авторский гонорар; лицензионный платеж
Stationers’ Hall — Стейшнерз-Холл, здание в Лондоне, где хранится список всех произведений, изданных в Великобритании
56
register — журнал, книга для записи, реестр, регистр; указатель database — база данных (информация, определенным образом
структурированная и классифицированная)
typographical arrangement — оформительская композиция, типографическая компоновка, внешний вид (изданного текста) aesthetic value — эстетическая ценность, эстетическое значение
employer — наниматель, работодатель, хозяин
employee — (наемный) работник, сотрудник; служащий; рабочий layout — макет, вёрстка; схема расположения; компоновка exceptions to — исключение из, предусмотренное в законе изъятие quotation of an extract — цитирование отрывка, ссылка на цитату ‘time-shift’ recording — запись отдельных эпизодов программы, за-
пись программ со смещением времени и изменением компоновки передач
exercising – использование, осуществление (права), контроль relevant — соответственный, соответствующий
4.16. QUESTIONS
1. What is the purpose of Intellectual property law? 2. What does Intellectual property law embrace?
3. What does copyright enable the producers of original and creative materials to do?
4.What are the “restricted acts” that copyright owners have the exclusive right to perform?
5.Which are the three main categories of works that copyright covers?
6.Who can be the first owner of a copyright?
7.How can copyright holders use their rights?
8.How do the author and the publisher usually share the copyright in the case of published material?
9.What is the duration of copyright? Is it the same for different types of works?
10.Can there be any exceptions to copyright?
11.Which body has jurisdiction to deal with disputes in all areas of copyright licencing?
4.17. AGREE OR DISAGREE
1. In Britain copyright is a protection automatically con-
ferred on certain types of original and creative materials. 2. Adapting materials unlike copying them is not covered
by copyright.
3. Stationers’ Hall in London maintains a register in which copyright owners may apply to have their works listed for a period of seventy years.
57
4.Computer software is still not covered by copyright.
5.Copyright in newspaper articles written by journalists is held by the owners of their newspapers.
6.The 1968 Act provided for exceptions in the case of the recording of broadcasts by educational institutions.
7.There may be cases when different copyrights overlap.
8.It is not necessary to register for copyright protection.
9.A “literary” work need have no aesthetic value for copyright purposes but should simply be the result of independent intellectual effort.
10.Every state needs special rules for the copyright of Government publications.
11.The duration of copyright should be limited.
4.18. SAY WHAT YOU KNOW about:
—piracy in the world;
—countries where sharing files without profit is legal;
—Russian law on the issue.
4.19. DEBATES
Whether or not Internet intermediaries have liability for copyright infringement by users, and without the intermediaries’ authorization, has been subject to debate and court
cases in a number of countries. Liability of online intermediaries has been one of the earliest legal issues surrounding the internet.
What do you think of this problem?
4.20. SCANNING
Patents
1. Patents are granted to individuals and companies that can lay claim to an invention which is capable of industrial manufacture and which was not previously known in Britain or elsewhere. The granting of a patent gives the ‘patentee‘ a monopoly to make, use or sell the invention for a fixed period of time — which in Britain today is a maximum of 20 years from the date on which the patent application was first filed. In return for this monopoly, the patentee pays a fee to cover the costs of processing the patent and, more
importantly, publicly discloses details of the invention.
2. Patents are administered by the Patent Office, which analyses applications to ensure that the right to a patent exists and publicly provides information on every patent granted. The Office is an executive agency of the Department of Trade and Industry.
58
Design Right
3.An industrial design right protects the form of appearance, style or design of an industrial object. Protection is provided against the copying of original designs for five years after they have been initially marketed, although any person is entitled, as of right, to a licence to use the design during the following five years, and a right to remuneration is provided for during that period. However, unrestricted copying is permitted where there is no design freedom for either functional or aesthetic reasons, such as in the case of spare parts needed to keep equipment in good repair.
4.Design right is a full property right. But according to the 1988 Act certain designs are not registrable and protection is in effect provided only for truly aesthetic, ‘stand-alone’ designs which competitors
do not need to copy in order to compete effectively.
Trade and Service Marks
5. A trade mark (or brand) is a means of identification — a symbol, whether a word or device or a combination of the two — which enables traders to make their goods and services readily distinguishable from similar goods and services supplied by other traders. Fraudulent use of a trademark is a criminal offence which incurs substantial penalties.
Service marks are the same thing as trademarks except that they identify and distinguish services rather than products.
Not all brands can be registered, however — the criteria for registration being set by the Trade Marks Registry, which is part of the Patent Office.
Trade Secrets
6.A trade secret (or «confidential information») is secret, nonpublic information concerning the commercial practices or proprietary knowledge of a business, public disclosure of which may sometimes be illegal. A trade secret is any formula, pattern, machine, process, database, method or operation used in the production of goods or services and known only to employees who need to know the secret to accomplish their work.
The protection of trade secrets covers the ideas themselves. It’s the main distinction from copyright.
7.Patents, trademarks, service marks, trade secrets and design rights are sometimes collectively known as industrial property, as they are typically created and used for industrial or commercial purposes.
59
4.21. LEXIS
industrial manufacture — промышленное производство,
изготовление в промышленных масштабах
patentee — патентодержатель, владелец патента; лицо, имеющее право на получение патента
fee — комиссия, комиссионный сбор; плата за услуги, взнос processing — изготовление, оформление, подготовка
disclose — раскрывать; объявлять; сообщать, разглашать (сведения) Patent Office — Патентное ведомство
application — заявление, просьба, обращение, требование, заявка remuneration — вознаграждение; компенсация; заработная плата spare parts — запасные детали, запасные части
registrable — подлежащий регистрации, регистрируемый stand-alone — выдающийся, особенный, непревзойденный competitor — конкурент, соперник; участник рынка
device — 1) способ, средство 2) рисунок; эмблема, символ; девиз distinguishable — различимый
fraudulent use — мошенническое использование
incur – нести, терпеть (расходы, убытки); подвергаться чему-л. penalty — взыскание; санкция; штраф; наказание; санкция proprietary — составляющий или характеризующий чью-л. собст-
венность; частный
industrial property — промышленная собственность, промышленные права
4.22. QUESTIONS
1. Which requirements should an invention meet to be granted a patent?
2.What rights does a patent give to the ‘patentee’?
3.What does the patentee have to do in return for the monopoly to use his own invention?
4.Which body is responsible for administering patents? What are its functions?
5.Can there take place unrestricted copying of original designs? Which can be the case?
6.What is treated as industrial property?
7.Which body deals with setting the criteria for registration of trademarks?
4.23. AGREE OR DISAGREE
1. Only individuals can be granted patents.
2. The granting of a patent gives the ‘patentee’ a monopoly for a fixed period of time — which in Britain today is 40 years.
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3.The Patent Office is an executive agency of the Department of Commerce.
4.Protection is provided against the copying of original designs for seven years after they have been initially marketed.
5.Certain designs are not registrable.
6.Fraudulent use of a trade mark and possession of the offending goods incurs substantial penalties.
7.Any trade or service mark can be registered.
4.24. SAY WHAT YOU KNOW about:
—trademark/patent infringement cases;
—some unusual inventions;
—history of some famous inventions;
—history of some famous trademarks.
4.25. MAKE UP your own «list of top ten inventions» of all time. Explain your choice and discuss it with your group mates.
4.26. KEY WORDS |
|
abandoned property |
natural capital |
accession |
ownership interest |
chose in action |
patent |
copyright |
patentee |
copyright owner |
personal property |
duration |
possession |
estate |
property |
estate for years |
protection |
exclusive right |
real property |
fee simple |
registered design |
infrastructural capital |
reversion |
intangible personal property |
royalty |
intellectual property |
succession |
interest in property |
tangible personal property |
lease |
title to property |
leasehold |
to acquire title |
licence |
to be subject to |
life estate |
to possess |
lost property |
trade mark |
mislaid property |
trade secret |
4.27. MAKE A REPORT on the topic “Law of Property”, paying attention to the following points in your speech:
— definition of property;
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Wiki User
∙ 11y ago
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The meaning of a property in the subject of Science is a specific state of matter. Property: a specific state in matter! Adios! For example: solid, liquid, or gas.
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wassim Aharoui ∙
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∙ 2y ago
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JUST DONT WANNA HATE MY SLEF I WANT A SUGAR CRASH I GOT NO F-ing CASH MAYBE I SHOULD TAKE A BATH
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Refers to qualities of substances.
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