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Accessio
''Accessio'' is a concept from Ancient Roman property law that decided ownership of property (the accessory) which is ''merged'', or ''acceded to'', another piece of property (the principal). In general the owner of the principal thing, whichever it is, became the owner of the ''acceded'' thing also. Its usage continues in modern times in legal systems around the world employing Roman property law, primarily civilian legal systems. ''Accessio'' was not a specific rule of original acquisition of property in itself, instead it served as the principle underlying the modes of acquisition that had their own particular guidelines for determination of ownership. Accessio in Roman Law The most undisputed kind of ''accessio'' arises from the union of a thing with the ground; and when the union between the ground and the thing is complete, the thing belongs to whoever owns the ground. Thus if a someone builds on ground that someone else owns, the building belongs to the owner of the grou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accession (Scots Law)
Accession or Accessio is method of original acquisition of property under Scots property law. It operates to allow property (the accessory) to ''merge with (or accede to)'' another object (the principal), either moveable or heritable (land). Accessio derives from the Roman law concept of the same name. Other jurisdictions employ similar rules. The leading case in this area is said to be ''Brand's Trustees v Brand's Trustees'' ''(1876) 3 R (HL) 16.'' A common example is a tree (the accessory) acceding to the land (the principal), thereby the tree is owned by the owner of the land on which it is planted by the operation of accession. Accession may appear similar to other modes of original acquisition, but each mode has discrete differences. Importantly, accession does not produce a new object (rem) in itself, such as specificatio, accesio merely accessorises one object to another (the principal). Types of Accession There are broadly two types of accession: (1) natural accession ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accession (property Law)
Accession has different definitions depending upon its application. In property law, it is a mode of acquiring property that involves the addition of value to property through labour or the addition of new materials. For example, a person who owns a property on a river delta also takes ownership of any additional land that builds up along the riverbank due to natural deposits or man made deposits. In commercial law, accession includes goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. In English common law, the added value belongs to the original property's owner. For example, if the buyer of a car has parts added or replaced and the buyer then fails to make scheduled payments and the car is repossessed, the buyer has no right to the new parts because they have become a part of the whole car. In modern common law, if the property owner allows the accession through bad faith, the adder of value is entitled to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alluvion (Roman Law)
Alluvion, is a Roman law method of acquisition of heritable property (land). The typical cause is sediment (alluvium) deposited by a river. This sediment, legally termed ''the accessory, accreses'' (i.e., merges with) a piece of land, the principal, (operating a subtype of the Roman mode of acquisition by accession) and thus accedes to the ownership of the principal land over time. It continues to have relevance in the modern age, as a result of the adoption of Roman property law by modern legal systems, primarily civil law jurisdictions. Scots law is a notable example of the usage of alluvion within the law of accession (accesio). Public international law also recognises the acquisition of sovereignty of virgin territory by operation of nature such as sediment deposits, again following the Roman law principles of alluvion. See also *Alluvial fan *Alluvial plain *Accession (Scots law) Accession or Accessio is method of original acquisition of property under Scots property l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ancient Roman
In modern historiography, ancient Rome refers to Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom (753–509 BC), Roman Republic (509–27 BC) and Roman Empire (27 BC–476 AD) until the fall of the western empire. Ancient Rome began as an Italic settlement, traditionally dated to 753 BC, beside the River Tiber in the Italian Peninsula. The settlement grew into the city and polity of Rome, and came to control its neighbours through a combination of treaties and military strength. It eventually dominated the Italian Peninsula, assimilated the Greek culture of southern Italy ( Magna Grecia) and the Etruscan culture and acquired an Empire that took in much of Europe and the lands and peoples surrounding the Mediterranean Sea. It was among the largest empires in the ancient world, with an estimated 50 to 90 million inhabitants, roughly 20% of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mala Fides
Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which consists in entertaining or pretending to entertain one set of feelings, and acting as if influenced by another; bad faith", ''Webster's Dictionary'', 1913 It is associated with hypocrisy, breach of contract, affectation, and lip service. It may involve intentional deceit of others, or self-deception. Some examples of bad faith include: Soldiers waving a white flag and then firing when their enemy approaches to take prisoners (cf. perfidy); a company representative who negotiates with union workers while having no intent of compromising;"Bad Faith Negotiation," Union Voice a prosecutor who argues a legal position that he knows to be false; an insurer who uses language and reasoning which are deliberately misleading in order to deny a clai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fructus (Roman Law)
''Fructus'' (Latin for "fruits") is a legal term used in Roman law to describe goods naturally created by other property. In the most traditional understanding, this encompasses literal fruit of various plants, but also goods taken from animals such as milk or wool. There is some debate whether profits arising from other legal actions, such as loan interest, can be considered ''fructus'' – ancient jurisprudents usually strayed from such interpretations, but did argue to treat such profits in analogical ways. Right to ''fructus'' In ancient Rome, right to collect ''fructus'' was considered an integral right of the owner. Ancient jurisprudents often commented on the right to ''fructus'' in various situations. It was generally agreed on that until separation from its core object, ''fructus'' remained a part of that object; upon disconnection, they became property of the owner under normal conditions.Kolańczyk, p. 308 There existed various exceptions to that general rule: * A person ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usufructus
Usufruct () is a limited real right (or ''in rem'' right) found in civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'') is the right to use or enjoy a thing possessed, directly and without altering it. * '' Fructus'' (''fruit'', in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is ''abusus'' (literally ''abuse''), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale, exchange, gift). Someone enjoying all three rights has full ownership. Generally, a usufruct is a system in which a person or group of persons uses the real prope ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Property Law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary relationships between persons (both natural and juristic), as well as their rights and obligations.Mostert & Pope 6. The protective clause for property rights in the Constitution of South Africas 25. stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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