法律知识导读（英文）第十单元 Property Law.pptVIP

财产法以财产为核心，财产法上的财产可以分为动产和不动产。动产主要指除土地和建筑物以外的有形财产和无形财产。不动产是指土地本身和建筑物以及树木土壤、矿藏、植物和其它永久性附着于土地或建筑物之上或之下的物品。法律上的财产不仅指人们所拥有的具体的物，还包括人们对该物享有的一系列权利。这些权利包括占有权、使用权、享用权和处分权等一系列财产权利，所有权人可以自愿地有偿或无偿出让这些权利。 ------Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ◆ In civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon. Definition of property In Roman law, “ius utendi et abutendi re sua, quatenus iuris ratio patitur,”= the right to use and abuse a thing, within the limits of the law. (Jeremy Bentham) property is a legally protected expectation * * * of being able to draw such or such an advantage from the thing in question [ . . . .] Blacks Law Dictionary: [i]n the strict legal sense, [property is] an aggregate of rights which are guaranteed and protected by the government and that the term property includes not only ownership and possession but also the right of use and enjoyment for lawful purposes.“ Barrons Law Dictionary: property as ones exclusive right to possess, use, and dispose of a thing [ . . . ] as well as the object, benefit, or prerogative which constitutes the subject matter of that right. Property rights and contractual rights Definition: Property rights are rights over things enforceable against other persons. Contractual rights are rights enforceable against particular persons. ◆ There is an overlap between the two systems of rights. Division: personal (chattels) and real (land) property. Real property concerns itself with rights in rem, or relating to land. Personal property concerns itself with rights in personam, or relating to chattels.