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Finders Keepers
Finders, keepers, sometimes extended as the children's rhyme finders, keepers; losers, weepers, is an English language, English adage with the premise that when something is unowned or abandoned, whoever finds it first can claim it for themself permanently. The phrase relates to an Ancient Rome, ancient Roman law of similar meaning and has been expressed in various ways over the centuries. The 1982 English Court of Appeal (England and Wales), Court of Appeal case ''Parker v British Airways Board'' expanded the phrase, with the judgement of John Donaldson, Baron Donaldson of Lymington, Donaldson L.J. declaring "Finders keepers, unless the true owner claims the article". Difficulties arise when exploring how best to define when exactly something is unowned or abandoned, which can lead to legal or ethical disputes, especially as legal jurisdiction, jurisdictions often differ in their approach. Application *One of the most common uses of "Finders, Keepers" involves shipwrecks. Under in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Language
English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the island of Great Britain. Existing on a dialect continuum with Scots, and then closest related to the Low Saxon and Frisian languages, English is genealogically West Germanic. However, its vocabulary is also distinctively influenced by dialects of France (about 29% of Modern English words) and Latin (also about 29%), plus some grammar and a small amount of core vocabulary influenced by Old Norse (a North Germanic language). Speakers of English are called Anglophones. The earliest forms of English, collectively known as Old English, evolved from a group of West Germanic (Ingvaeonic) dialects brought to Great Britain by Anglo-Saxon settlers in the 5th century and further mutated by Norse-speaking Viking settlers starting in the 8 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rosaria Conte
Rosaria Conte (14 April 1954 in Rome – 5 July 2016 in Rome) was an Italian social scientist. She was the head of the Laboratory of Agent Based Social Simulation at the ISTC- CNR in Rome, which hosts an interdisciplinary research group working at the intersection among cognitive, social and computational sciences. She was President of European Social Simulation Association and AISC (Italian Cognitive Science Association). Rosaria Conte published more than 130 works among volumes, papers in scientific journals, conference proceedings and book chapters. Her scientific activity aims at explaining social behaviour among intelligent autonomous systems, and modeling the dynamics of norms and norm-enforcement mechanisms (including reputation and gossip). Her research was characterized by a highly interdisciplinary approach, at the intersection among cognitive, social and computational sciences. In her name, the European Social Simulation Association assigns every other year the Outstanding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft By Finding
Theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended. In some jurisdictions the crime is called "larceny by finding" or "stealing by finding". By nation United States In the United States, if the owner of a property has renounced all property rights in the object, then the property is abandoned. Since theft is the unlawful taking of another person's property, an essential element of the ''actus reus'' of theft is absent. The finder of lost property acquires a possessory right by taking physical control of the property, but does not necessarily have ownership of the property. The finder must take reasonable steps to locate the owner. If the finder shows that reasonable steps to find the owner have been taken then the finder may establish that the required ''mens rea'' for theft, the intention to dep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usucaption
Usucaption ( la, usucapio), also known as ''acquisitive prescription'', is a concept found in civil law systems and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence). While usucaption has been compared with adverse possession (that is, squatting), the true effect of usucaption is to remedy defects in title of lands that are without encumbrance on them. Roman law Background to usucaption The necessity for usucaption arose in Roman law with the divide between '' res mancipi'' and '' res nec mancipi''. ''Res mancipi'' required elaborate and inconvenient formal methods of conveyance to transfer title (a formal ''mancipatio'' ceremony, or '' in iure cessio''). ''Res nec manicipi'' could be transferred by '' traditio'' (delivery) or ''in iure cessio''. The remaining form of conveyance was ''traditio''. This was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usucapio
''Usucapio'' was a concept in Roman law that dealt with the acquisition of ownership of something through possession. It was subsequently developed as a principle of civil law systems, usucaption. It is similar to the common law concept of adverse possession, or acquiring land prescriptively. Overview Since '' mancipatio'' and '' in iure cessio'' were inherently public modes of acquisition of ownership, ''usucapio'' was the only private method of the ''ius civile''. Ownership of a thing in Roman law was usually protected forever, until a limit of thirty years was introduced in 426 AD on actions by Theodosius – in other words, preventing the owner of a thing getting it back or seeking damages after thirty years. ''Usacapio'' was a form of acquisitive prescription – the passage of time entitled the holder to particular rights of acquisition. This right is a new right, one without reference to any existing rights. ''Usucapio'' assisted two cases: where a thing had b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uti Possidetis
''Uti possidetis'' is an expression that originated in Roman private law, where it was the name of a procedure used in litigation about land. It came from a praetorial edict that could be abbreviated "As you possess, so shall you possess". Later, by a misleading analogy, the phrase was transferred to international law, where it has had more than one meaning. In Rome, if two parties disputed possession of land, the praetor preferred the one who was in actual occupation, unless he had got it from the other by force, stealth or as a temporary favour (''nec vi, nec clam, nec precario''). The contest was initiated by an interdict called ''uti possidetis''. The winner was confirmed or restored in possession, and the party who lost was ordered not to displace him by force. The winner got no rights against the rest of the world, however, since he had got mere possession not ownership: anyone else might conceivably have a right to displace him. In the early modern era some European ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possession Is Nine-tenths Of The Law
Possession is nine-tenths of the law is an expression meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not. The expression is also stated as "possession is ten points of the law", which is credited as derived from the Scottish expression "possession is eleven points in the law, and they say there are but twelve." Although the principle is an oversimplification, it can be restated as: "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to them; if taken or used. The shirt or blouse you are currently wearing is presumed to be yours, unless someone can prove that it is not." Analysis The adage is not literally true, that by law the person in possession is presumed to have a nine times s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Possession
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land ( real property)—may acquire legal ownership based on continuous possession or occupation of the property without the permission ( licence) of its legal owner. The possession by a person is not adverse if they are in possession as a tenant or licensee of the legal owner. In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented from exercising their right to exclude, but an entir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lost, Mislaid, And Abandoned Property
Lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person. Property can be considered lost, mislaid or abandoned depending on the circumstances under which it is found by the next party who obtains its possession. There is an old saying that '' possession is nine-tenths of the law'', perhaps dating back centuries. This means that in most cases, the possessor of a piece of property is its rightful owner without evidence to the contrary. More colloquially, this may be called finders, keepers. The contradiction to this principle is theft by finding, which may occur if conversion occurs after finding someone else's property. The rights of a finder of such property are determined in part by the status in which it is found. Because these classifications have developed under the common law of England, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailment
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership. The owner who surrenders custody to a property is called the "bailor" and the individual who accepts the property is called a "bailee". The bailee is the person who possesses the personal property in trust for the owner for a set time and for a precise reason and who delivers the property back to the owner when they have accomplished the purpose that was initially intended. General Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel. Although a bailment relationship is ordinarily created by contract, there are circumstances where lawful possession by the bailee creates a bailment relationship without an ordinary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homestead Principle
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it for produce some product), joining it with previously acquired property or by marking it as owned (as with livestock branding). Proponents of intellectual property hold that ideas can also be homesteaded by originally creating a virtual or tangible representation of them. Others argue that since tangible manifestations of a single idea will be present in many places, including within the minds of people, this precludes their being owned in most or all cases. Homesteading is one of the foundations of Rothbardian anarcho-capitalism and right-libertarianism. In political philosophy John Locke In his 1690 work ''Second Treatise of Government'', Enlightenment philosopher John Locke advocated the Lockean proviso which allows for hom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norm (social)
Social norms are shared standards of acceptable behavior by groups. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into rules and laws. Social normative influences or social norms, are deemed to be powerful drivers of human behavioural changes and well organized and incorporated by major theories which explain human behaviour. Institutions are composed of multiple norms. Norms are shared social beliefs about behavior; thus, they are distinct from "ideas", " attitudes", and " values", which can be held privately, and which do not necessarily concern behavior. Norms are contingent on context, social group, and historical circumstances. Scholars distinguish between regulative norms (which constrain behavior), constitutive norms (which shape interests), and prescriptive norms (which prescribe what actors ''ought'' to do). The effects of norms can be determined by a logic of appropriateness and logic of con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
