Charecteristic of Property

Modern design the property rights of ownership and possession legally as belonging to individuals, even if the legal person is not a real person. The companies, for example, have legal rights similar to American citizens, including a large number of their constitutional rights. Accordingly, the company is a legal entity or artificial legal entity, which some call "corporate personality". Property rights are protected in the laws of the States usually found in the form of a constitution or a bill of rights. The Fifth and Fourteenth Amendments to the Constitution of the United States, for example, expressly provides for the protection of private property: The Fifth Amendment states: Neither be deprived of life, liberty or property without due process of law, nor shall private property be taken for public use, without just compensation. The Fourteenth Amendment states: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor any State shall not deprive any person of life, liberty or property without due process of law. Protection is also found in the United Nations Universal Declaration of Human Rights, Article 17, and the French Declaration of Rights of Man and the Citizen, Article XVII, and the Convention European Human Rights (ECHR), the Protocol No. 1. Property is usually thought of in terms of a set of rights as defined and protected by the local sovereignty. Owners, however, is not necessarily synonymous with sovereignty. If the property is the supreme authority, it would be sovereignty, and not the property. These are two different concepts. Principles traditional property rights includes: 1. Monitoring the use of the property 2. The right to benefit from any property (eg, mineral rights and rent) 3. A right to transfer or sell the property 4. Any right to exclude others from the property. Traditional property rights do not include: 1. Who uses unreasonably interfere with the property rights of another private party (the right to peaceful enjoyment). [See Nuisances] 2. Who uses unreasonably interfere with the rights of public property, including uses that interfere with the public health, safety, peace or convenience. [See public nuisance, Police Power] Legal systems have evolved to cover transactions and disputes which arise on the possession, use, transfer and disposal of property, especially regarding contracts. Positive law defines these rights, and a judiciary is used to try and enforce. In his classic text, "The Common Law", Oliver Wendell Holmes property described as having two fundamental aspects. The first is possession, which can be defined as control over a resource based on the practice of another failure to contradict ends of the possessor. The second is the title, which is the hope that others will recognize the rights of resource control, even when not in possession. It develops the differences between these two concepts, and provides a story of how they came to be attached to individuals, as opposed to families or entities such as the church. According to Adam Smith, hoping to take advantage of "the improvement of its capital stock" is based on private property rights, and the belief that property rights encourage property owners to develop the property, to generate wealth , and allocate resources efficiently based on the exploitation of the market is essential to capitalism. From this evolved the modern conception of the property as a right, the implementation of which comes under the law, in the hope that this lead to more wealth and better living conditions. * Classical liberals, libertarians, and traditions "Just as humans can not exist without the body, so no law can not exist without the right to translate their rights in the real world, to think, to work and keep the results, which means: the right to property" . (Ayn Rand, Atlas Shrugged) Most of these traditions thinkers subscribe to the theory of ownership of the work. They argue that you own your own life, and it follows that you must have products of this life, and that these products can be traded in free trade with others. "Every man has a property in his own person. This person has the right but himself." (John Locke, Second Treatise on Civil Government) "Life, liberty and property do not exist because men have made laws. Rather, it was the fact that life, liberty and property existed before that caused men to make laws in the first place. " (Frederic Bastiat's The Law) "The reason why men enter into society is the preservation of their property." (John Locke, Second Treatise on Civil Government) * The basic principles of socialism focus on a review of this concept, stating, among other things, that the cost of defending the property is higher than the private return of the property, and that even if property rights encourage the owner of the property to develop his property, producing wealth, and so on, it could do so for its own benefit, which may not coincide with the advantage of other people or society in general * Libertarian socialism generally accepts property rights, but with a drop in short time. In other words, a person must be (more or less) the continued use of the question, if he loses the right to property. This is usually referred to as "possession of the goods" or "usufruct". Thus, in this system usufruct, absentee owners is illegitimate, and the workers are the owners of the machines they work with. * Communism argued that only the collective ownership of the means of production through a political system (not necessarily a state) will reduce inequality of results or unfair, and the maximization of benefits, and therefore, private property (which, in theory communism is limited to Capital) should be abolished. Both communism and some forms of socialism have also argued that private property is inherently illegitimate. This argument is centered mainly on the idea that the creation of private property will always benefit one class to another, giving way to domination through the use of this property. The communists are naturally not opposed to the property that is hard-won, gained autonomy, self-perceived "(Communist Manifesto), by members of the proletariat. Any person or entity with an interest in a piece of property may be able to exercise all the rights mentioned a few paragraphs above. For example, as a tenant of a particular piece of property, you are not authorized to sell the property, because the tenant is in possession only, and do not have title transfer. Similarly, while you are a tenant, the landlord can not use its right to exclude to keep you from the property. (Or, if he or she does you may be entitled to stop paying rent or perhaps sue to regain access.) In addition, the property may be held in a number of forms, such as common property, community property, the ownership, leasing,… These different types of ownership may complicate an owner's ability to perform his rights unilaterally. For example, if two people own a single piece of land as co-tenants, then under the law of the jurisdiction, each may have limited recourse for the actions of the other. For example, one of the owners may sell its interest in the property of a foreigner as the other owner is not particularly.
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