78189 Lecture 1: Introduction-to-Property-and-Commercial-Law-Exam-Notes
Document Summary
Introduction to general property concepts: laws about people (rights in personam not assignable, laws about property (rights in rem rights people have concerning particular things, real property, personal property. We have laws regulating the use of our things property both tangible and intangible. It refers to a legally enforceable relationship between the subject and the object. Need to consider relationship with people if there is no third party to enforce against then a right is not proprietary (think desert island). Note: a contractual right is not proprietary, not enforceable against third parties ! to avoid circularity in this reasoning look to precedent. Property rights are the legal rights that entitle people to make use of things. Characteristics of property ! first two essential characteristics separating from personal rights, rest overlapping indicia not set or conclusive. Enforceability ! generally against other persons in society, the right not to interfere with your property and your obligation not to interfere with theirs.
