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Constitutional and Human Rights Vs. Property Rights by Adam Soliman

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Constitutional and Human Rights Vs. Property Rights by Adam Soliman

  1. 1. Rights & Fisheries 1 Constitutional and Human Rights Vs. Property Rights Tenure & Fishing Rights 2015, Siem Reap, March 23 -27 , 2015 – Adam Soliman
  2. 2. Rights & Fisheries 2 There are several types of Property Rights:  State property or public property  Common property or collective property  Private property  Open-access Tenure & Fishing Rights 2015, Siem Reap, March 23 -27 , 2015 – Adam Soliman
  3. 3. Rights & Fisheries 3 • Property is a bundle of rights, and individual rights within this bundle can be separated, transferred, removed or added. • Several rights of property can be attached to a single good. • “Ownership” is composed of the following rights:  Possession, management and control  Income and capital  Transfer inter vivos and on death  Protection at law • Rights & Ownership can come with duties as well Tenure & Fishing Rights 2015, Siem Reap, March 23 -27 , 2015 – Adam Soliman
  4. 4. Rights & Fisheries 4 •Different types of proprietary interests also exist that fall short of true ownership:  Corporeal hereditaments vs. Incorporeal hereditaments  Real Property vs. Personal Property  Rights to have access to, or to exploit certain resources  Easements – right of way  Profits a prendre  Licences – a permit from an authority to own or use something, do a particular thing or carry on a trade o Bare licences o Contractual licences o Licences by proprietary estoppels o Licences coupled with an interest / right Tenure & Fishing Rights 2015, Siem Reap, March 23 -27 , 2015 – Adam Soliman

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