...47LLB14 Synopsis Property Law Women's Right to Property under Hindu law: A Legal Analysis Introduction:- In India, it is no doubt that a woman is seen as pristine, pious and worshipped on one hand but on the other hand she faces discrimination against her gender identity and victimized by the societal norms created in male dominant society. She never got the legitimate place and never enjoyed a respected position in the society even after all the civilization and societal revolutions. Male superiority is still a legitimate concern for any society and adverse conditions for women are still widely prevalent. The emancipation of women and the accomplishment of full balance between genders should dependably be the essential goal of society. Such denial cannot be justified on any grounds – political, moral or legal and not even biological. If we look through the ancient Hindu Society, a woman did not enjoy any reasonable social status and looked upon as a dependent with hardly any property rights. Under the old Mitakshara Law, the son attains an interest and right in the family property on birth. According to this school, a son, grandson, and a great grandson constitute a class of coparceners, based on births in family. No female is a member of the coparcenary in Mitakshara Law. The constitution of India guarantees equality of opportunity and equal status to both men and women citizen. Since article 14 of the Constitution enshrines “equality before law” and article 15 prohibits...
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...PROPERTY LAW Angela This situation is clear to see that Co- ownership is involved. There are two parties involved in this co- ownership; Brad and Angelina. We are looking to see the type of ownership they got into and at the end what will they be entitled to. There are two forms of co- ownership; Joint tenancy and Tenancy in common. The presumption of Joint tenancy is that the joint tenants own the entire property in question. The presumption of Tenancy in common is that the tenants own a share of the property in question. Joint tenancy will only be applicable if the test of the four unities is satisfied. Difference with tenancy in common is that you only need to satisfy the unity of possession. Unity of time means the tenants interest of the property must commence at the same time as other tenants. Possession means that the entire co – owned land is the tenants’ entitlement. Interest means interests held should be the same as the duration and time. Title means that tenants involved should be given a title from the same supplier. Again, we need to understand the sort of co-ownership we are dealing with here before advising the parties. There is a slight hope that we are dealing with joint tenancy as all four unities are present in this scenario. However, there are pros and cons of being a joint tenant, one of which is severance. One of the methods of...
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...Property Law Property Law Joe faces heavy legal penalties first for operating his demolition business illegally. Every business, whether the sole proprietorship, partnership or Limited Corporation must be registered with the registrar of businesses. A sole proprietorship is the simplest form of business, but also the corporate law requires it to be registered. Every state in America requires the owners of the sole proprietor to register the business under a certain name and obtain a trading license. The majority of businesses need to acquire a certain category of license depending on the nature of business established before they start operating. One is also required to acquire a federal license if the business activities involved require supervision from federal agencies. Not adhering to these rules attract heavy fines for the business and even imprisonment for flouting corporate laws governing the registration of businesses in America. Joe, therefore, overlooked all the above procedures of registering his business and went ahead to demolish private property without a business license authorizing him to engage in such transactions. The business also required a legal operating name before undertaking any transactions which are a prerequisite to obtaining any other government document (Missouri Bar Center 2008). Joe is also liable for trespassing on private property and demolishing it. Crimes against other people’s property fall under three main activities...
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...characterized as property. ii) Policy in favor of private property (1) Things held in common are usually neglected (2) There is a fundamental property right that goes beyond monetary damages iii) Property Rights are not Absolute (1) Apply a balancing test of property and societal interest (a) One may trespass to put out a fire (2) Property rights are diminished when others are invited onto land (3) The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumcised by the statutory and constitutional rights of those who use it. (4) If property is open to the general public then the First Amendment supercedes property rights on it. (a) These protections are available against unreasonably restrictive or oppressive conduct on the part of private entities that have otherwise assumed a constitutional obligation no to abridge the individual exercise of such freedoms because of public use of their property. (b) The NJ court said that the right of free speech conferred by the state constitution was secure not only from State interference but – under certain conditions – from the interference of an owner of private property even when exercised on that private property. (i) Schmid Standard 1. The normal use of the property 2. The extent and nature of the public’s invitation to use it 3. The purpose of the expressional activity in relation to both its private and public use (5) Title to real property cannot include...
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...PROPERTY LAW Introduction -Historically there were two branches of Property Law: • Real property: (Land and interests in land) • Personal property: (Everything besides land and interests in land) -The reason for the two separate branches is that historically land was the most valuable type of property (and arguably still is). -This course predominately focuses on real property. *Note that personal property can become real property by being attached to real property – referred to as ‘fixtures’. (E.g. carpet fixed to a house). SEE LATER FOR FULLER DISCUSSION OF FIXTURES. -General terminology: • Licence: all rights in relation to land, which look like a property rights, but are not actually property rights. ❖ Bare licence: The licence is not coupled with any form of consideration, and therefore can be revoked at will. ❖ Contractual licence: A licence coupled with a contract, and therefore may have remedies in breach of contract (damages, etc.). -Real Property (Common law) rights: • Fee Simple – An unencumbered inherited interest in land. It is almost equal to ownership (the crown actually owns all the land, but people have the right to reside on the land. • Native title – To be distinguished from the common law system. • Life estate – This estate lasts until death, i.e. it is not inheritable. • Lease / tenancy agreement – The right of possession is given (also known as a ‘possessory estate’. (If...
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...Intellectual Property Law Embry Riddle Aeronautical University Abstract Intellectual property law is vital to protecting the rights of creative individuals and their realized ideas. Most countries around the world protect the intellectual property of authors, inventors, and artists, in some similar form whether it is copyright, trademark, or other sources of protection. The topic of discussion herein explores intellectual property law in America and the protections afforded to unique works and their creators here at home. Research was conducted using web-based resources made accessible to the public by prestigious universities such as UC Berkley and Cornell. The findings revealed a substantial legal framework of protection for authors, creators, and inventors of industrial, literary, scientific, and artistic works. Rights Protected by Intellectual Property Law Intellectual property refers to creations of the human mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Exclusive rights protect the intellectual property and owners under corresponding categories of law. This law encompasses the legalities of copyrights, trademarks, patents, industrial design rights, and trade secrets. Legal property rights are defensible in a court of law, and are further defined by article 9 on the Uniform Commercial Code (U.C.C). To expand on creations of the human mind, intellectual property is further broken down into two categories:...
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...In his book Principles of Property Law, Ziff discusses various justifications for the existence of private property. Of these, economic efficiency and prosperity is the most convincing, due to the objectively quantifiable success of mixed-market economies in providing development for their societies compared to socialist command systems with minimal private ownership of property. Other justifications such as personhood, moral development, labour and desert are questionable due to the social conflict they would engender, while freedom is unlikely to be enhanced by private property. While private property is not sufficient to cure all of society’s property-related ills, we would be in a much worse position without it. The most cogent justification given for private property is that of economic efficiency and increased prosperity through an incentive system. This can be seen in the relative economic backwardness of communist economic systems, where private property is minimal and productivity is stifled due to a lack of personal material reward for work. By allowing more private property and their transfer, property interests ought to settle with those who value them most and can utilise them most effectively. In addition, one of the main drivers of economic development is lending, and as de Soto has noted, this cannot readily occur without a mortgage over existing private property, hindering economies lacking in such. The leading evidence for the economic efficiency argument is...
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...Intellectual property law Name: Instructor: Task: Date: INTRODUCTION The foremost objective of this law is to protect the rights of people who come up with original works. These original works run across a very broad spectrum and range from; books like novels, innovative ideas and company logos among others. This law is one of the single most important laws that regulate business environment. This is because it encourages individuals to come up with new technologies and innovations that promote growth to the economy. When an innovative person is assured that their work will be accorded protection enabling them to benefit from it, they will thus be encouraged to continually engage in the production and creation of creative innovations. These creations may subsequently result in job creation, emergence of new technologies, new procedures in the business world that can improve efficiency and finally new ideas that can aesthetically make our surrounding more appealing. There exist three main and most important ways through which intellectual property laws are enforced; these include through patents, trademarks and copyrights. Copyrights protect ideas; they give the owner of the idea fundamental right over the idea. So only the owner can benefit financially from the idea. Patents, on the other hand, deal with the protection of inventions. Trademarks deals with the protection of company logos, this enable all competitors in a given industry to have a unique way of identifying...
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...‘legal person’. However, women and slaves had to deal with difficulties with the law considering societies back then had a different view of them being recognized by the law as having legal rights, protections, privileges, responsibilities and liabilities under the law. the term and common law idea of "legal person" is to be visible and have a legal standing which, in other means, to be able to attract legal rights and assume legal obligations. If, however, a person was not considered to be recognized by the law, the human being will then be considered as a species of property that can only be bought and sold,(Davies and Naffine at casebook, 26). In that period of time, the subjugated Africans that were brought to America or Europe did not reach a ‘legal status’, hence were not considered as legal persons. As a result of not being granted legal status, they were treated as property to be bought and sold; they did not have control or ‘protection’ of their own lives. This lack of legal status affected their lives over the years; they were “bought and sold, treated as an ordinary merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed universal in the civilized portion of the white race.” (Brettle Dawson, 2101T S1_Introduction, Carleton University, May 8th 2012). Another case to support my answer is the Shelly v. Kraemer , they were not allowed obtaining a property based on their race. According to the philosopher John Locke, “a man cannot...
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...Personal property Personal property generally is considered private property that is movable rather than immovable property or real estate. In common law systems, personal property may also be called chattels or personal property. In civil law systems, personal property is often called movable property or movables - any property that can be moved from one place to another. This term is in distinction with immovable property or properties, such as land and other personal property buildings.In words is property owned by a person or company that is mobile and not fixed to the land or associated. Basically, it's all personal property, other than real estate. Personal property include a business equipment, furniture and office equipment, cars / trucks acquired and used by the company, and basically everything that is not "stuck". In other words, personal property is movable, while the real property is not. Due to the mobile nature of personal property, it is harder for a credit for personal property used to secure a loan. For example, if a bank loans money on a building, you can be sure that the building will not move. But if a bank loans money on the car, the car can be driven away Distinguish between Real Property and Personal Property By Alan R. Romero from Property Law For Dummies Anything that can be owned legally be called property. All properties can be grouped into two broad categories: real property and personal property. Personal property may be classified as movable...
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...interpreted and applied by the Courts in the U.S. (40 points) The concept of private property is the ownership of property by legal entities excluding governmental agencies. Also covered in this concept is that the use of this property is not for the public. Private property is differentiated from collective property and public property. Collective property is owned by a group and public property is owned by governmental agencies. Therefore, private property is owned by a single, non-governmental, legal entity and its use and disposal are decided by that entity as long as it does not harm others. An example of this concept can be portrayed with the private property being a car. Joe owns a car and under the private property laws/rights he can sell it, let it sit in his garage and rot/rust, or scrap it when and if he desires. However, he cannot run it into a house purposely as this would harm others through damages and possible injuries. So what if Joe owned land, could this ever be taken?...
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...Unit 2 Individual Project William Hurley Legal and Ethical Environments of Business INTRODUCTION Today’s topic is on is on the subject of linking and when is it trespassing. Linking is a common practice where one web page or site links up with another web page or site. I sent an email about eBay Inc v. Bidders Edge Inc to a friend. She wants to design an internet dating site and doesn’t want to be involved in any illegal complications. After reading my email she responded with some questions about how she could accomplish that. She wants to know what Bidders Edge does that is different than eBay’s normal customers. Why does it matter to eBay? What is the definition of traditional trespass to personal property? Does the definition of trespass to personal property in your text differ from the California definition of trespass to computer services? How? I will do my best to respond to all of her questions. EBAY V. BIDDERS EDGE Bidder’s Edge is an auction aggregation site designed to offer on-line auction buyers the ability to search for items across numerous on-line auctions without having to search each host site individually. ( www.tomwbell.com) EBay is a person to person trading site. On eBay people put items up for auction and other people bid on these items. Basically, Bidders edge would crawl onto different auction sites and obtain information on items for their customers to bid on. Bidder’s edge customers would not have to search a bunch of different sites to...
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...Accessions: means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. Account: a right to payment of a monetary obligation, whether or not earned by performance, (A) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (B) for services rendered or to be rendered, (C) for a policy of insurance issued or to be issued, (D) for a secondary obligation incurred or to be incurred, (E) for energy provided or to be provided, (F) for the use or hire of a vessel under a charter or other contract, (G) arising out of the use of a credit or charge card or information contained on or for use with the card, or (H) as winnings in a lottery or other game of chance operated or sponsored by a State, governmental unit of a State, or person licensed or authorized to operate the game by a State or governmental unit of a State or (ii) any credit device account. The term includes health-care-insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter-of-credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of (A) the use of a credit or charge card or information contained on or for use with the card or (B) a credit device account. Account debtor: a person...
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...Manufacturing was founded by Dr. Riordan. With a background in chemistry; Dr. Riordan acquired numerous patents pertaining to creating plastic goods. This paper will focus on a corporate plan for Riordan Manufacturing. Riordan Manufacturing Corporate Compliance Plan will include managing the legal liability of officers and directors of Riordan Manufacturing. Also The Corporate Compliance Plan will address the laws pertaining to Riordan Manufacturing, the rights Riordan Manufacturing employees have and how and who to turn to in case a lawsuit is brought against Riordan Manufacturing. In order for Riordan Manufacturing to be in compliance; Riordan Manufacturing must adhere to all laws set by the government. An Internal controls and corporate governance system will help Riordan Manufacturing executives make sure that all employees working for Riordan Manufacturing obey all government laws and industry practices when conducting company assigned duties. An Internal controls and a corporate governance system ensures that Riordan Manufacturing policies, procedures, and government laws are followed. An effective enterprise liability starts with Riordan Manufacturing take responsibility for wrong doings that happen within Riordan Manufacturing. In order to prevent any wrong doings Riordan Manufacturing must ensure all company workplace and safety policies are followed. Implementing an effective enterprise liability plan will ensure that all employees who have incidents that accrue under...
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...1. The Law of Mortgages resolves disputes between a borrower and a lender, who has been granted a “mortgage” as security over the borrower’s land. Who is the “mortgagee”? Borrower Lender Who is the “mortgagor”? Borrower Lender 2. How are mortgages created? Terms in the mortgage contract that restrict the right to redeem or which are “oppressive or unconscionable” may be struck out by the court. A clause in a mortgage agreement provided that the debt could not be repaid until either the lender called in the loan or upon the expiry of 50 years. Discuss the validity of this clause What procedure does a lender have to follow in order to obtain a court order for possession of mortgaged residential property? What are the possible outcomes of the hearing? What is the text of section 36 of the Administration of Justice Act 1970? Under what circumstances does a judge have discretion to postpone/suspend a possession order for residential property? Study pp700-705 of Gateway including the extracts from Cheltenham & Gloucester Building Society v Norgan [1996] What factors does the borrower have to prove in order to obtain a suspended possession...
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