Accession (property Law)
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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 ...
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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 ...
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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 ...
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Economic Value
In economics, economic value is a measure of the benefit provided by a good or service to an economic agent. It is generally measured through units of currency, and the interpretation is therefore "what is the maximum amount of money a specific actor is willing and able to pay for the good or service"? Among the competing schools of economic theory there are differing theories of value. Economic value is ''not'' the same as market price, nor is economic value the same thing as market value. If a consumer is willing to buy a good, it implies that the customer places a higher value on the good than the market price. The difference between the value to the consumer and the market price is called " consumer surplus". It is easy to see situations where the actual value is considerably larger than the market price: purchase of drinking water is one example. Overview The economic value of a good or service has puzzled economists since the beginning of the discipline. First, eco ...
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Avulsion (river)
In sedimentary geology and fluvial geomorphology, avulsion is the rapid abandonment of a river channel and the formation of a new river channel. Avulsions occur as a result of channel slopes that are much less steep than the slope that the river could travel if it took a new course. Deltaic and net-depositional settings Avulsions are common in river deltas, where sediment deposits as the river enters the ocean and channel gradients are typically very small. This process is also known as delta switching. Deposition from the river results in the formation of an individual deltaic lobe that pushes out into the sea. An example of a deltaic lobe is the bird's-foot delta of the Mississippi River, pictured at right with its sediment plumes. As the deltaic lobe advances, the slope of the river channel becomes lower, as the river channel is longer but has the same change in elevation. As the slope of the river channel decreases, it becomes unstable for two reasons. First, water under the ...
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Alluvion
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 ...
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William Warwick Buckland
William Warwick Buckland, FBA (11 June 1859 – 16 January 1946) was a scholar of Roman law, Regius Professor of Civil Law at the University of Cambridge from 1914 to 1945. Life William Warwick Buckland was educated in France, at Hurstpierpoint College and the Crystal Palace School of Engineering. He entered Gonville and Caius College, Cambridge in 1881, graduating in 1884 with a first in the Law Tripos. Elected a Fellow of Caius, he remained a Cambridge academic for the remainder of his life. In 1920 he became a Fellow of the British Academy. He received honorary degrees from the universities of Oxford, Edinburgh (1922), Harvard (1929), Lyon, Louvain and Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), ma .... Among his best-known works on Roman Law is ''A Textbook of Roman L ...
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Fixture (property Law)
A fixture, as a legal concept, means any physical property that is permanently attached (''fixed'') to real property (usually land). Property not affixed to real property is considered ''chattel'' property. Fixtures are treated as a part of real property, particularly in the case of a security interest. A classic example of a fixture is a building, which, in the absence of language to the contrary in a contract of sale, is considered part of the land itself and not a separate piece of property. Generally speaking, the test for deciding whether an article is a fixture or a chattel turns on the purpose of attachment. If the purpose was to enhance the land, the article is likely a fixture; if the article was affixed to enhance the use of the chattel itself, the article is likely a chattel. Chattel property is converted into a fixture by the process of attachment. For example, if a piece of lumber sits in a lumber yard, it is a chattel. If the same lumber is used to build a fence ...
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Alluvion
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 ...
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Fruit
In botany, a fruit is the seed-bearing structure in flowering plants that is formed from the ovary after flowering. Fruits are the means by which flowering plants (also known as angiosperms) disseminate their seeds. Edible fruits in particular have long propagated using the movements of humans and animals in a symbiotic relationship that is the means for seed dispersal for the one group and nutrition for the other; in fact, humans and many animals have become dependent on fruits as a source of food. Consequently, fruits account for a substantial fraction of the world's agricultural output, and some (such as the apple and the pomegranate) have acquired extensive cultural and symbolic meanings. In common language usage, "fruit" normally means the seed-associated fleshy structures (or produce) of plants that typically are sweet or sour and edible in the raw state, such as apples, bananas, grapes, lemons, oranges, and strawberries. In botanical usage, the term "fruit" also i ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with rega ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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