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Text of the page (random words):
ngement lienor lieneeship lienee mortgage condition whereby while possession of property is achieved or retained possession of it is contingent upon performance of obligation to somebody indebted to and unencumbered ownership of it is contingent upon completion of obligation the performance of obligation usually implies division of the principal into installments mortgagor mortgage brokering mortgage broker pawn condition whereby while encumbered ownership of property is achieved or retained encumbered ownership of it is contingent upon the performance of the obligation to somebody indebted to and possession and unencumbered ownership of it is contingent upon completion of obligation pledge pawnbrokering pawnbroker collision conflict inability for property to be properly used or occupied due to scarcity or contradiction the effective impossibility of sharing possibly leading to eviction or the contrary if the resolution is achieved rather than a stagnant condition not necessarily involving or implying conscious dispute n a security ward degree of resistance to or protection from harm use or taking the property and any mechanisms of protection of it being ward alternately in finance the word as a countable noun refers to proof of ownership of investment instruments or as an uncountable noun to collateral there may be an involvement of obscurities camouflage barriers armor locks alarms booby traps homing beacons automated recorders decoys weaponry or sentinels with land moats trenches or entire buildings may be involved with buildings or certain forms of transport turrets may be involved with information encryption steganography or self destruct capability may be involved with communications reliability channel hopping may be involved like immunity or attempt thereat from jamming with devices of proprietary design the respective compositions may be more mangled more convoluted and more complex than functionality warrants hence confusing or obscure for protective purposes though possibly to conceal unapproved copying instead with contractual rights retentions of collateral and risks of jeopardy of collateral may be involved securer protecteeship protectee warden ward violation edit general meaning or description the activities occurring in a way not beholden to the wishes of the owner committer trespassing use of physical and usually but not necessarily only immovable property or occupation of it trespasser vandalism alteration damage or destruction of physical property or to the appearance of it vandal infringement incorporeal analogy to trespassing alteration or duplication of an instance of intellectual property and publication of the respectively alternate or duplicate the sample being the information in a medium or a device for which a design plan predates and is the basis of fabrication infringer violation violator theft taking of property in a way that excludes the owner from it or functional alteration of the property ownership thief piracy the cognisant or incognisant reproduction and distribution of intellectual property and the possession of intellectual property that saw publication of its duplicates in the previous process pirate infringement with the effect of lost profits for the owner or infringement involving profit or personal gain plagiarism publication of a work whether it is intellectual property perhaps copyrighted or not whether it is in public domain or not without credit being afforded to the creator as though the work is original in publication plagiarist miscellaneous action edit general meaning or description committer squatting occupation of property that is either unused and unkept or was abandoned whether the property still has an owner if the property is owned and not left then the squatting is trespassing if any usage not beholden to the wishes of the owner is done in the process squatter reverse engineering discovery of how a device works whether it is an instance of intellectual property perhaps patented or not whether it is in the public domain and how to alter or duplicate it without access to or knowledge of the corresponding design plan reverse engineer ghostwriting creation of a textual work whereby another party is explicitly allowed to be credited as a creator in publication ghostwriter issues in property theory edit principle edit the two major justifications are given for the original property or the homestead principle are effort and scarcity john locke emphasized effort mixing your labor 13 with an object or clearing and cultivating virgin land benjamin tucker preferred to look at the telos of property i e what is the purpose of property his answer to solve the scarcity problem only when items are relatively scarce concerning people s desires do they become property 14 for example hunter gatherers did not consider land to be property since there was no shortage of land agrarian societies later made arable land property as it was scarce for something to be economically scarce it must necessarily have the exclusivity property that use by one person excludes others from using it these two justifications lead to different conclusions on what can be property intellectual property incorporeal things like ideas plans orderings and arrangements musical compositions novels computer programs are generally considered valid property to those who support an effort justification but invalid to those who support a scarcity justification since the things don t have the exclusivity property however those who support a scarcity justification may still support other intellectual property laws such as copyright as long as these are a subject of contract instead of government arbitration thus even ardent propertarians may disagree about ip 15 by either standard one s body is one s property from some anarchist points of view the validity of property depends on whether the property right requires enforcement by the state different forms of property require different amounts of enforcement intellectual property requires a great deal of state intervention to enforce ownership of distant physical property requires quite a lot ownership of carried objects requires very little in contrast requesting one s own body requires absolutely no state intervention so some anarchists don t believe in property at all many things have existed that did not have an owner sometimes called the commons the term commons however is also often used to mean something entirely different general collective ownership i e common ownership also the same term is sometimes used by statists to mean government owned property that the general public is allowed to access public property law in all societies has tended to reduce the number of things not having clear owners supporters of property rights argue that this enables better protection of scarce resources due to the tragedy of the commons at the same time critics say that it leads to the exploitation of those resources for personal gain and that it hinders taking advantage of potential network effects these arguments have differing validity for different types of property things that are not scarce are for instance not subject to the tragedy of the commons some apparent critics advocate general collective ownership rather than ownerlessness things that do not have owners include ideas except for intellectual property seawater which is however protected by anti pollution laws parts of the seafloor see the united nations convention on the law of the sea for restrictions gases in earth s atmosphere animals in the wild although in most nations animals are tied to the land in the united states and canada wildlife is generally defined in statute as property of the state this public ownership of wildlife is referred to as the north american model of wildlife conservation and is based on the public trust doctrine 16 celestial bodies and outer space and land in antarctica the nature of children under the age of majority is another contested issue here in ancient societies children were generally considered the property of their parents however children in most modern communities theoretically own their bodies but are not regarded as competent to exercise their rights their parents or guardians are given most of the fundamental rights of control over them questions regarding the nature of ownership of the body also come up in the issue of abortion drugs and euthanasia in many ancient legal systems e g early roman law religious sites e g temples were considered property of the god or gods they were devoted to however religious pluralism makes it more convenient to have sacred sites owned by the spiritual body that runs them intellectual property and air airspace no fly zone pollution laws which can include tradable emissions rights can be property in some senses of the word ownership of land can be held separately from the ownership of rights over that land including sporting rights 17 mineral rights development rights air rights and such other rights as may be worth segregating from simple land ownership ownership edit main article ownership ownership laws may vary widely among countries depending on the nature of the property of interest e g firearms real property personal property animals persons can own property directly in most societies legal entities such as corporations trusts and nations or governments own property in many countries women have limited access to property following restrictive inheritance and family laws under which only men have actual or formal rights to own property in the inca empire the dead emperors considered gods still controlled property after death 18 government interference edit in 17th century england the legal directive that nobody may enter a home which in the 17th century would typically have been male owned unless by the owner s invitation or consent was established as common law in sir edward coke s institutes of the lawes of england for a man s house is his castle et domus sua cuique est tutissimum refugium and each man s home is his safest refuge it is the origin of the famous dictum an englishman s home is his castle 19 the ruling enshrined into law what several english writers had espoused in the 16th century 19 unlike the rest of europe the british had a proclivity towards owning their own homes 19 british prime minister william pitt 1st earl of chatham defined the meaning of castle in 1763 the poorest man may in his cottage bid defiance to all the forces of the crown it may be frail its roof may shake the wind may blow through it the storm may enter the rain may enter but the king of england cannot enter 19 that principle was carried to the united states under u s law the principal limitations on whether and the extent to which the state may interfere with property rights are set by the constitution the takings clause requires that the government whether state or federal for the 14th amendment s due process clause imposes the 5th amendment s takings clause on state governments may take private property only for a public purpose after exercising due process of law and upon making just compensation if an interest is not deemed a property right or the conduct is merely an intentional tort these limitations do not apply and the doctrine of sovereign immunity precludes relief 20 moreover if the interference does not almost completely make the property valueless the interference will not be deemed a taking but instead a mere regulation of use 21 on the other hand some governmental regulations of property use have been deemed so severe that they have been considered regulatory takings 22 moreover conduct is sometimes deemed only a nuisance or another tort has been held a taking of property where the conduct was sufficiently persistent and severe 23 theories edit there exist many theories of property one is the relatively rare first possession theory of property where ownership of something is seen as justified simply by someone seizing something before someone else does 24 perhaps one of the most popular is the natural rights definition of property rights as advanced by john locke locke advanced the theory that god granted dominion over nature to man through adam in the book of genesis therefore he theorized that when one mixes one s labor with nature one gains a relationship with that part of nature with which the labor is mixed subject to the limitation that there should be enough and as good left in common for others see lockean proviso 25 in his encyclical letter rerum novarum 1891 pope leo xiii wrote it is surely undeniable that when a man engages in remunerative labor the impelling reason and motive of his work is to obtain property and after that to hold it as his very own 26 anthropology studies the diverse ownership systems rights of use and transfer and possession 27 under the term theories of property as mentioned western legal theory is based on the owner of property being a legal person however not all property systems are founded on this basis in every culture studied ownership and possession are the subjects of custom and regulation and law is where the term can meaningfully be applied many tribal cultures balance individual rights with the laws of collective groups tribes families associations and nations for example the 1839 cherokee constitution frames the issue in these terms sec 2 the lands of the cherokee nation shall remain common property still the improvements made thereon and in possession of the citizens respectively who made or may rightfully own them provided that the citizens of the nation possessing the exclusive and indefeasible right to their improvements as expressed in this article shall possess no right or power to dispose of their improvements in any manner whatever to the united states individual states or individual citizens thereof and that whenever any citizen shall remove with his effects out of the limits of this nation and become a citizen of any other government all his rights and privileges as a citizen of this nation shall cease provided nevertheless that the national council shall have power to re admit by law to all the rights of citizenship any such person or persons who may at any time desire to return to the nation on memorializing the national council for such readmission communal property systems describe ownership as belonging to the entire social and political unit common ownership in a hypothetical communist society is distinguished from primitive forms of common property that have existed throughout history such as communalism and primitive communism in that communist common ownership is the outcome of social and technological developments leading to the elimination of material scarcity in society 28 corporate systems describe ownership as being attached to an identifiable group with an identifiable responsible individual the roman property law was based on such a corporate system in a ...
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