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Usufruct
Usufruct () is a limited real right (or ''in rem'' right) found in civil law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'', as in usage of or access to) is the right to use or enjoy a thing possessed, directly and without altering it. * '' Fructus'' (''fruit'', as in the fruits of production) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is ''abusus'' (literally ''abuse''), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale, exchange, gift). Someone enjoying all three rights has full ownership. Generally, a usufruct is a system in which a person or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ius In Re
Ius in re, or jus in re, under civil law (legal system), civil law, more commonly referred to as a real right or right ''in rem'', is a right in property, known as an interest under common law. A real right vests in a person with respect to property, inherent in his relation to it, and is good against the world (''erga omnes''). The primary real right is ownership (''dominium'') (freehold, leasehold, commonhold). Whether possession (law), possession (''possessio'') is recognized as a real right, or merely as a source of certain powers and actions, depends on the legal system at hand. Subordinate or limited real rights generally refer to encumbrances, rights of use and security interests. The term right ''in rem'' is derived from the action given to its holder, an actio in rem. In Latin grammar the action against the thing demands a fourth case. The underlying right itself, ius in re, has a fifth case, as the right rests on, or burdens, the thing. By mistake the common law terminology ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fructus (Roman Law)
''Fructus'' (Latin for "fruits") is a legal term used in Roman law to describe goods naturally created by other property. In the most traditional understanding, this encompasses literal fruit of various plants, but also goods taken from animals such as milk or wool. There is some debate whether profits arising from other legal actions, such as loan interest, can be considered ''fructus'' – ancient jurisprudents usually strayed from such interpretations, but did argue to treat such profits in analogical ways. Right to ''fructus'' In ancient Rome, right to collect ''fructus'' was considered an integral right of the owner. Ancient jurisprudents often commented on the right to ''fructus'' in various situations. It was generally agreed on that until separation from its core object, ''fructus'' remained a part of that object; upon disconnection, they became property of the owner under normal conditions.Kolańczyk, p. 308 There existed various exceptions to that general rule: * A person ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ejido
An ''ejido'' (, from Latin ''exitum'') is an area of communal land used for agriculture in which community members have usufruct rights, which in Mexico is not held by the Mexican state. People awarded ejidos in the modern era farm them individually in parcels and collectively maintain communal holdings with government oversight. Although the system of ''ejidos'' was based on an understanding of the preconquest Aztec calpulli and the medieval Spanish ejido, since the 20th century ejidos have been managed and controlled by the government. After the Mexican Revolution, ''ejidos'' were created by the Mexican state to grant lands to peasant communities as a means to stem social unrest. As Mexico prepared to enter the North American Free Trade Agreement in 1991, President Carlos Salinas de Gortari declared the end of awarding ejidos and allowed existing ejidos to be rented or sold, ending land reform in Mexico. History Colonial-era indigenous community land holdings In central ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life Estate
In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death, when the property rights may revert to the original owner or to another person. The owner of a life estate is called a "life tenant". The person who will take over the rights upon death is said to have a "remainder" interest and is known as a "remainderman". Principles The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it carries with it right to enjoy certain benefits of ownership of the property, chiefly income derived from rent or other uses of the property and the right of occupation, during his or her possession. Because a life estate ceases to exist at the death of the measuring person's life, the life tenant, a temporary owner, may short-term let b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Servitude In Civil Law
A servitude is a qualified beneficial interest severed or fragmented from the ownership of an inferior property (''servient estate'') and attached to a superior property (''dominant estate'') ''or'' to some person (''personal beneficiary'') other than the owner. At civil law, ownership (''dominium'') (e.g. of land) is the only full real right whereas a servitude is a subordinate real right on par with wayleaves, real burdens (i.e. real covenants), security interests, and reservations. There are two types: ''predial'', attaching to property, and ''personal'', attaching to a person. A servitude cannot impose the performance of a positive duty on the owner of the burdened property but only duties either to refrain from exercising certain rights to which an owner could be otherwise entitled (''negative servitude'') or to suffer certain things to be done to his property which an owner otherwise could be entitled to forbid or resist (''positive servitude''). Servitudes arise from ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possession (law)
In law, possession is the exercise of dominion by a person over property to the exclusion of others. To possess something, a person must have an intention to possess it and an apparent purpose to assert control over it. A person may be in possession of some piece of property without being its owner. The possession of property is commonly regulated under the property law of a jurisdiction. Intention to possess An intention to possess (sometimes called ''animus possidendi'') is the other component of possession. All that is required for this criterion is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a question of fact that can be proven by acts of control and surrounding circumstances. It is possible to intend to possess something and to actually possess it without knowing that it exists. For example, someone who intends to possess a suitcase also intends to possess its contents even if they are unknown. It is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alienation (property Law)
In property law, alienation is the voluntary act of an owner of some property to convey or transfer the property to another. Alienability is the quality of being alienable, i.e., the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. Most property is alienable, but some may be subject to restraints on alienation. Some objects are now regarded as ineligible for becoming property and thus termed inalienable, such as people and body parts. Aboriginal title is one example of inalienability (save to the Crown) in common law jurisdictions. A similar concept is '' non-transferability'', such as tickets. Rights commonly described as a '' licence'' or permit are generally only personal and are not assignable. However, they are alienable in the sense that they can generally be surrendered. In England under the feudal system, land was generally transferred by subinfeudation, and alienation required license from the ov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary Law
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see '' hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the judicial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Peoples Of The Americas
In the Americas, Indigenous peoples comprise the two continents' pre-Columbian inhabitants, as well as the ethnic groups that identify with them in the 15th century, as well as the ethnic groups that identify with the pre-Columbian population of the Americas as such. These populations exhibit significant diversity; some Indigenous peoples were historically hunter-gatherers, while others practiced agriculture and aquaculture. Various Indigenous societies developed complex social structures, including pre-contact monumental architecture, organized city, cities, city-states, chiefdoms, state (polity), states, monarchy, kingdoms, republics, confederation, confederacies, and empires. These societies possessed varying levels of knowledge in fields such as Pre-Columbian engineering in the Americas, engineering, Pre-Columbian architecture, architecture, mathematics, astronomy, History of writing, writing, physics, medicine, Pre-Columbian agriculture, agriculture, irrigation, geology, minin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford English Dictionary
The ''Oxford English Dictionary'' (''OED'') is the principal historical dictionary of the English language, published by Oxford University Press (OUP), a University of Oxford publishing house. The dictionary, which published its first edition in 1884, traces the historical development of the English language, providing a comprehensive resource to scholars and academic researchers, and provides ongoing descriptions of English language usage in its variations around the world. In 1857, work first began on the dictionary, though the first edition was not published until 1884. It began to be published in unbound Serial (literature), fascicles as work continued on the project, under the name of ''A New English Dictionary on Historical Principles; Founded Mainly on the Materials Collected by The Philological Society''. In 1895, the title ''The Oxford English Dictionary'' was first used unofficially on the covers of the series, and in 1928 the full dictionary was republished in 10 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Land
In all modern states, a portion of land is held by central or local governments. This is called public land, state land, or Crown land (Commonwealth realms). The system of tenure of public land, and the terminology used, varies between countries. The following examples illustrate some of the range. Commonwealth realms In several Commonwealth realms such as Australia, New Zealand and Canada, public lands are referred to as Crown lands. Recent proposals to sell Crown lands have been highly controversial. France In France, () may be held by communes, '' départements'', or the central State. Portugal In Portugal the land owned by the State, by the two autonomous regions (Azores and Madeira) and by the local governments (municipalities ( Portuguese: ''municípios'') and ''freguesias'') can be of two types: public domain ( Portuguese: ''domínio público'') and private domain ( Portuguese: ''domínio privado''). The latter is owned like any private entity (and may be sold), while ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Moses
The Law of Moses ( ), also called the Mosaic Law, is the law said to have been revealed to Moses by God. The term primarily refers to the Torah or the first five books of the Hebrew Bible. Terminology The Law of Moses or Torah of Moses (Hebrew: , ''Torat Moshe'', Septuagint , ''nómos Mōusē'', or in some translations the "Teachings of Moses") is a biblical term first found in the Book of Joshua , where Joshua writes the Hebrew words of "Torat Moshe " on an altar of stones at Mount Ebal. The text continues: The term occurs 15 times in the Hebrew Bible, a further 7 times in the New Testament, and repeatedly in Second Temple period, intertestamental, rabbinical and patristic literature. The Hebrew word for the first five books of the Hebrew Bible, ''Torah'' (which means "law" and was translated into Greek as "nomos" or "Law") refers to the same five books termed in English "Pentateuch" (from Latinised Greek "five books", implying the five books of Moses). According ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
