Ownership and Possession
The idea of ownershi developed when man started to settle and stop being a wanderer.
Personal right produced by regu of inter-personal relns.
Ownership
Relation b/w person & property
It rests largely on prohibitions exercised towards others.
Complex of rights, all of which are right in rem.
Rights though not unlimited, but indefinite.
When one's interest outlasts the interests of others in the same thing.
Possess
Use & enjoy
Destroy, alienate
Indeterminate in duration
Residuary character
Possession coupled with legitimate title. But it could be w/o possession also.
Limited Ownership - cant sale or dispose the prop.
Possession
Exclusive use of prop
Doesn’t cover incorporeal prop
Lease, pledge, mortgage, theft, fraud, bailment
Possession in Fact - control
Possession in Law - constructive posses
Personality
Characteristic pattern of thinking, feeling & acting
Consistent & distinctive ways our ideas, feelings & actions are organize
Behavioural traits
Totality or whole of person
Legal Personality
Legal capacity
Ability of any entity to amend (enter into, transfer etc.) rights & obligations.
Natural - all living beings, inc animals
Legal - artificial
LIABILITY
Condition of being subject to a legal obligation.
Vinculum Juris - result of wrongful act of an indi - things he must suffe
It is the bond of necessity that exists b/w the wrongdoer and the remedy.
Joint; Joint & several liability
Primary & Secondary liability
Civil - for the purpose of enfor of rights
Penal & remedial
Rights & Duties
"Custom is to Society what law is to state."
Interests protected by morals or by law
All interests are not rights
Vested in a person
Against person/s
Relates to a thing
Person so bound to act in favour of the person entitled.
Title
Perfect Rights
Imperfect rights - recog by law but cant be enforced like time barred debt.
Duty
One ought to do.
Moral or legal
Law
The purpose of Law is Justice; w/o which law becomes a tool of oppression.