PVL3701 Notes Introduction to Law of Property DEFINITIONS...

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PVL3701 Notes: Introduction to Law of Property DEFINITIONS Legal Subject - Any person capable of acting as a legal subject in legal relationships and of acquiring rights and incurring duties in the process. Legal Object- Every object with which a legal subject has a legally recognised relationship. These legal objects may be divided into things, performances, immaterial property and personality property. Thing - An independent part of the corporeal world, which is external to humans and subject to human control, as well as useful and valuable to humans. Law and Right- We define law as the body of rules and norms which regulates and harmonises society by demarcating the rights and duties of legal subjects. Rights deal with the lawful relationship between legal subjects and the relationship between legal subjects and the objects of their own rights. Real Relationships- A real relationship is the particular legal relationship between one or more legal subjects and a thing. There are usually two sides to a relationship namely: (i) the subject-object relationship between the particular legal subject and the particular thing involved in the relationship. (ii) the subject-subject relationship between the particular legal subject and all other legal subjects. The most important real relationships are usually divided into three categories: (i) Ownership , which is always lawful real relationship and therefore a real right. (ii) Possession , which is always unlawful and is therefore only a real relationship, not a real right.
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  • Fall '15
  • Law, legal subject, Law of Things

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