PROPERTY LAW.pptx
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Property law governs what people own, including land and personal items. It determines who can own property, how it can be used, and under what conditions. Property law applies to both real property like land as well as personal property. It establishes the principles and rules for resolving disputes over property and structuring property transactions. There are different types of property under law, including movable and immovable, private and public, personal and real, as well as intellectual property. Property can be acquired through possession, prescription, agreement, inheritance, and gifts. In India, the right to property is now a human right rather than a fundamental right following a 1978 constitutional amendment.
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alrubaie3Hussain adel alrubaieJ. CareyEng 100 f Novembe.docx
alrubaie3
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J. Carey
Eng 100 f
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China and the Property Laws
Citizens in China cannot have private ownership of land but can acquire rights that will allow them to use the land for a specified period of time (Harris 94). As per now, citizens can obtain land use rights in urban areas for a maximum of seventy years. Once this time runs out, the land is repossessed by the state or the contract is renewed. Despite the fact that individuals cannot privately own the land, they can own the buildings raised on the land in what is called home ownership. This is basically a situation in which an individual privately owns a building or a home but he does not have the title or ownership of the land that his building is resting on. In simple terms, according to the property laws of China an individual cannot own land, it belongs to the state.
1. The Legal Framework
The Constitution
With respect to the constitution of China, private property is protected by the law. With respect to Article 13 of the constitution, the private property owned by citizens is protected. It is the right of the state to make sure that such property is protected. The constitution acknowledges that there are individuals who legally own private property and it is necessary for this property to be protected.
China makes use of a constitution that was adopted in 1982, and since then, it has undergone four major amendments; 1988, 1993, 1999, and 2004. Out of all the four amendments, it was the 2004 one that recognized private property and declared it as constitutional. This basically implies that before 2004, the constitution of China did not recognize the private land, all land was considered to be owned by the state. This amendment brought a sigh of relief to private land-owners because their property was legally recognized by the law and the constitution went ahead to provide legal protection for such property. Citizens were given the right to lawfully own land (Peter 153).
The Property Rights Law
The Property Rights Law was enacted in 2007 after legislative debates that spanned for more than one decade. The law was made effective from October 1 of the same year and basically contained details of property rights protection, this protection covered movable property as well as real estate. This law primarily focused on the establishment and transfers as well as other details that are related to property ownership rights. Similarly, the law addressed issues to do with the registration as well as delivery of property rights involving movable and real estate property.
Real Property in Urban Areas
These laws are concerned with real property in urban areas with respect to the rights that are related to land-use as well as ownership. Property in urban areas is very valuable and this creates a lot of demand for it. Without proper regulation, it would be difficult to manage such property.
2. Ownership of Land and Houses
Rights to use land
With respe ...
Why Civil Law Important For Society?
Civil Law is the basic Law that supports human welfare in society. At a low level, the Law protectively treats people. Every country has its own norms and terms. This is how people obey social rules and maintain discipline. Peace and respecting scarce resources is another moral responsibility of the public, as said by Attorney Miya Griggs. The constitution has a number of laws that protect human rights and work in connection with the welfare of the people. This, in a way, helps in defending the basic rights to civil culture.
discussion 1Real property is something like land and everything
discussion 1
Real property is something like land and everything permanently fixed to the land, such as trees, house, and the minerals or quarries below the ground. Â The primary characteristic of real property is indestructibility and immobility. Intellectual property is a personal property such as patents, copyrights, and trademarks. The two main features of the intellectual property include all rights relating to artistic, literary, and scientific work. It involves the inventions of all fields related to human behavior. Personal Property is mainly acquired via a few basic methods such as manufacture, purchase, or gift and in some cases through the found property. The two main characteristics of the personal property are intangible and tangible.
Owners of personal, real, and intellectual property are treated differently since they do not have the same rights according to the law for many reasons such as the nature of the property, allocation of federal or state jurisdiction, and the development of law in each section. Although all properties are protected each of them is under some types of laws. Each property is protected to suit the kind of property. For example, Trademarks is treated differently from the ownership of a vehicle. Trademarks are usually related to business while the vehicle is personal ownership meaning any issues that may arise would be treated differently.
Real property can be transferred from one owner to another as they wish as they have legal protection of real property transfer under the law. A real property owner chooses the individuals they want to sell the property to using verbal or written contract under the legal contract law, which protects both parties. Due to the legal backing when selling the real property the society is able to continue with the flow of peoplesâ lives without extra headaches involved. Personal property is protected under the personal and business property. The owners have the right to protect his or her property under legal law. Intellectual property can be quickly taken, but the law acts in favor of the owner. If no laws protecting intellectual property, people would be afraid to create or innovate new things, which significantly benefits society. People a peace of mind when they know the law will protect their ideas and have freedom of creating new items for the benefit of society.
discussion 2
List two characteristics each of real, intellectual, and personal property. Â
Real Property
According to Rogers (2012) real property âincludes land and all that is attached to itâ (Sec. 11.3). This means that the actual property and any structure that is built on the property is considered real property. Also included in this property is any mineral or deposits below the ground that lie within the boundaries of the property.
Intellectual Property
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alrubaie3Hussain adel alrubaieJ. CareyEng 100 f Novembe.docx
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China and the Property Laws
Citizens in China cannot have private ownership of land but can acquire rights that will allow them to use the land for a specified period of time (Harris 94). As per now, citizens can obtain land use rights in urban areas for a maximum of seventy years. Once this time runs out, the land is repossessed by the state or the contract is renewed. Despite the fact that individuals cannot privately own the land, they can own the buildings raised on the land in what is called home ownership. This is basically a situation in which an individual privately owns a building or a home but he does not have the title or ownership of the land that his building is resting on. In simple terms, according to the property laws of China an individual cannot own land, it belongs to the state.
1. The Legal Framework
The Constitution
With respect to the constitution of China, private property is protected by the law. With respect to Article 13 of the constitution, the private property owned by citizens is protected. It is the right of the state to make sure that such property is protected. The constitution acknowledges that there are individuals who legally own private property and it is necessary for this property to be protected.
China makes use of a constitution that was adopted in 1982, and since then, it has undergone four major amendments; 1988, 1993, 1999, and 2004. Out of all the four amendments, it was the 2004 one that recognized private property and declared it as constitutional. This basically implies that before 2004, the constitution of China did not recognize the private land, all land was considered to be owned by the state. This amendment brought a sigh of relief to private land-owners because their property was legally recognized by the law and the constitution went ahead to provide legal protection for such property. Citizens were given the right to lawfully own land (Peter 153).
The Property Rights Law
The Property Rights Law was enacted in 2007 after legislative debates that spanned for more than one decade. The law was made effective from October 1 of the same year and basically contained details of property rights protection, this protection covered movable property as well as real estate. This law primarily focused on the establishment and transfers as well as other details that are related to property ownership rights. Similarly, the law addressed issues to do with the registration as well as delivery of property rights involving movable and real estate property.
Real Property in Urban Areas
These laws are concerned with real property in urban areas with respect to the rights that are related to land-use as well as ownership. Property in urban areas is very valuable and this creates a lot of demand for it. Without proper regulation, it would be difficult to manage such property.
2. Ownership of Land and Houses
Rights to use land
With respe ...
Why Civil Law Important For Society?
Civil Law is the basic Law that supports human welfare in society. At a low level, the Law protectively treats people. Every country has its own norms and terms. This is how people obey social rules and maintain discipline. Peace and respecting scarce resources is another moral responsibility of the public, as said by Attorney Miya Griggs. The constitution has a number of laws that protect human rights and work in connection with the welfare of the people. This, in a way, helps in defending the basic rights to civil culture.
discussion 1Real property is something like land and everything
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Real property is something like land and everything permanently fixed to the land, such as trees, house, and the minerals or quarries below the ground. Â The primary characteristic of real property is indestructibility and immobility. Intellectual property is a personal property such as patents, copyrights, and trademarks. The two main features of the intellectual property include all rights relating to artistic, literary, and scientific work. It involves the inventions of all fields related to human behavior. Personal Property is mainly acquired via a few basic methods such as manufacture, purchase, or gift and in some cases through the found property. The two main characteristics of the personal property are intangible and tangible.
Owners of personal, real, and intellectual property are treated differently since they do not have the same rights according to the law for many reasons such as the nature of the property, allocation of federal or state jurisdiction, and the development of law in each section. Although all properties are protected each of them is under some types of laws. Each property is protected to suit the kind of property. For example, Trademarks is treated differently from the ownership of a vehicle. Trademarks are usually related to business while the vehicle is personal ownership meaning any issues that may arise would be treated differently.
Real property can be transferred from one owner to another as they wish as they have legal protection of real property transfer under the law. A real property owner chooses the individuals they want to sell the property to using verbal or written contract under the legal contract law, which protects both parties. Due to the legal backing when selling the real property the society is able to continue with the flow of peoplesâ lives without extra headaches involved. Personal property is protected under the personal and business property. The owners have the right to protect his or her property under legal law. Intellectual property can be quickly taken, but the law acts in favor of the owner. If no laws protecting intellectual property, people would be afraid to create or innovate new things, which significantly benefits society. People a peace of mind when they know the law will protect their ideas and have freedom of creating new items for the benefit of society.
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List two characteristics each of real, intellectual, and personal property. Â
Real Property
According to Rogers (2012) real property âincludes land and all that is attached to itâ (Sec. 11.3). This means that the actual property and any structure that is built on the property is considered real property. Also included in this property is any mineral or deposits below the ground that lie within the boundaries of the property.
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This type of property consists of copyrights, trademarks and patents. Inventors will copyright or patent their ideas to keep others from reproduc ...
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PROPERTY LAW.pptx
- 1. PROPERTY LAW
- 2. WHAT IS PROPERTY LAW? - Property law is the area of law that governs what people own. Itâs the area of law that says who can own land and personal items, how they can use them and with what conditions. Property law applies to both real property and personal property. Ownership and use of property is an area of law that impacts everyone in society. property law, principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured. What distinguishes property law from other kinds of law is that property law deals with the relationships between and among members of a society with respect to âthings.â.
- 3. Types of property available under the law ⢠Corporeal property and Incorporeal property. ⢠Movable and Immovable property. ⢠private property and Public property. ⢠Personal property and Real property. ⢠Intellectual property
- 4. MODES OF ACQUISITION OF PROPERTY -Possession -Prescription -Agreement -Inheritance -Gift
- 5. RIGHT TO PROPERTY UNDER ARTICLE 300-A ⢠In India, property is no more a fundamental right but a human right, after an amendment was made in this regard in 1978. To this effect, Article 300- A was introduced in the Constitution in 1978, which states that âno person shall be deprived of his property save by authority of lawâ.