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In property law, alienation is the voluntary act of an owner of some property to convey or transfer the property to another. [1] Alienability is the quality of being alienable, i.e., the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.
The article is a seminal contribution to the field of law and economics, offering an ambitious attempt to treat various areas of the law through a uniform approach. It is grounded in the fact that the various interests created by the law enjoy various degrees and methods of protection. Certain interests are deemed human rights and inalienable ...
Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, [2] and was referred to by Roman philosopher Cicero.
As a legal classification, inalienable possessions date back to Roman times. According to Barbara Mills, "Inalienable possessions are objects made to be kept (not exchanged), have symbolic and economic power that cannot be transferred, and are often used to authenticate the ritual authority of corporate groups". [1]
Legal rights, in contrast, are based on a society's customs, laws, statutes or actions by legislatures. An example of a legal right is the right to vote of citizens. Citizenship , itself, is often considered as the basis for having legal rights, and has been defined as the "right to have rights".
The Belgian philosopher of law Frank van Dun is one among those who are elaborating a secular conception of natural law in the liberal tradition. [85] There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity. [ 86 ]
The right to property, or the right to own property (cf. ownership), is often [how often?] classified as a human right for natural persons regarding their possessions.A general recognition of a right to private property is found [citation needed] more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for ...
Mortmain (/ ˈ m ɔːr t m eɪ n / [1] [2]) is the perpetual, inalienable ownership of real estate by a corporation or legal institution; the term is usually used in the context of its prohibition. Historically, the land owner usually would be the religious office of a church; today, insofar as mortmain prohibitions against perpetual ownership ...