The Nature of Property
Real and Personal Property
Real estate law intertwines with contract law
In a sense, property means things—real or personal, immovable or movable, corporeal
or incorporeal, visible or invisible, and tangible or intangible
, property describes: the relationship between people and things—that
is, the right of a person to possess, use, or own things.
legal meaning of property was described by the English jurist
Sir William Blackstone
"the free use, enjoyment, and disposal of all his acquisitions, without any control or
diminution, save only by the laws of the land."
In re Marriage of Graham; is a MBA degree "property"?
finds that such exchange value, or the ability to sell property, is a critical factor in
deciding whether an MBA degree is "property."
Blackstone's definition: the concept of general property under the common law does not
differ substantially from its meaning under Roman law...
"Property in its nature is an unrestricted and exclusive right. Hence it comprises
in itself the right to dispose of the substance of the thing in every legal way, to
possess it, to use it, and to exclude every other person from interfering with it."
Is It Ethical to Sell Human Organs as Property?
Proponents argue that the public policy underlying the law protects sellers,
particularly the poor, from being exploited by the rich.
others argue that people own their bodies just like they own a piece of property,
and thus they should be able to sell parts of them, even their vital organs.
it is legal to sell blood plasma, sperm, eggs, and hair
despite health risk associated with selling a kidney, people take greater risks of
incurring injuries to their bodies and even death in jobs that are often government
regulated such as fishing, construction, and mining
"basis of expectation, the expectation of deriv- ing certain advantages from a thing which
we are said to possess, in consequence of the relation in which we stand towards it."
law of property might be considered one of the keystones of civilized society, for the
rights and duties that define the "basis of expectation" distinguish modern humans from
the savage who must use force to acquire and retain property
Cuba changed its laws beginning in 2011 to allow the buying and selling of real estate in
order to capitalize, expand, and hopefully alleviate a dire housing shortage
only when countries develop a legal system in which a person's private property rights
and expectations are respected will a foundation for economic prosperity be established
The classification of slaves as property was even sanctioned by the U.S. Supreme Court
in the Dred Scott case in 1857, when it ruled that slaves were chattel (personal property)
and could therefore be owned, bought, sold, and collateralized just like any other
Are Frozen Embryos People, or Are They Property?