Loss of Rights to Personal Property in English Law - Assignment Example

Swarna Word count: 1581 (excluding bibliography) P.Swarnalatha ID # 5448 Order # 156090 30th March 2007 How far are the alternative theoretical justifications for private property (occupation theory; labor theory; utilitarian theory; and economic theory) reflected in the rules concerning the acquisition and loss of rights to personal property in English law? 1.0 Introduction Private property is nothing but any material and non material property owned by any person or group of persons1. Several theories have been postulated in support of possession of private property (Benn and Peters, 1959; Waldron, 1988). Theories like occupation theory, utilitarian theory, labor theory and economic theory are quite prominent among them. Different laws were made 1 : Property. http://en.wikipedia.org/wiki/Property. in several countries for protecting the rights of the people to possess the private property. United Kingdom also made similar clauses for protecting the rights of the people to possess private property. English law is the legal system of England and Wales, and is the basis of common law legal systems throughout the world 2. To understand the extent and nature of the English law in incorporating the private property justification theories, one must understand the meaning of different forms of law. Keeping these things in view, an effort has been made to study the extent of incorporation of alternate justification theories like utilitarian theory in the rules relating to acquisition of private property under English law. 2.0 Importance of Property law Before analysing the importance of private property law, one has to understand about law in general. Law is a system of rules that is kept and enforced through a set of institutions If any person or citizen fail to obey the law, he can be punished legally and hence bears strong impact on 2 : Frances Quinn and Catherine Elliott. 2006. English legal system. Longman publication. P: 664. implementing any standard regulations which aim for the public welfare. Law affects everyday life and society in a variety of ways. Private property law also makes people to represent their rights in cases of forceful occupation by others. Several key principles and theories of property law must be integrated well so that the customers of diverse nature would seek the justice in court of law. Hence incorporation of principles of various theories of possession of private property holds relevance in protecting the rights to property in England (Michael Bridge, 2004). Michael Bridge also describes the means by which the common law protects interests in personal property, and discusses the ways in which interests are conveyed at common law. He examines the relevance of common law in protecting the justification theories of possession of private property. Some acts like the Sale of Goods (Amendment) Act (1995)3 and the Treasure Act (1996) form crucial component in safeguarding the rights of the people in 3: Sale of goods amendment act (1995). http://www.opsi.gov.uk/acts/acts1995/Ukpga_19950028_en_1.htm. possessing personal property in England. English law defines the Property law as a legal instrument containing rights and obligations related to buying, selling, or renting any property 4. Property law, according to the English law, governs everything that people claim they possess. It may include real property and personal property. Real property, sometimes called real estate refers to ownership of land and things attached to it (Hunter v. Canary Wharf Ltd, 1997). For understanding the extent to which different theories have been integrated in to the property law, one has to analyse some of the views relating to the property law in England. The classic civil law approach to property, as described by Friedrich Carl von Savigny, is that it is a right good against the world. This contrasts to an obligation, like a contract or tort, which is a right good between individuals. 4 : Jaqueline Martin. 2005. The English Legal System. P:320. Hodder Arnold Publication. ISBN-10: 0340899913. 3.0 How English law protects the persons under private property law? However the English law makes clearcut distinction beween real property and personal property and specifies the unique nature of personal property clauses. The main differences between real and personal property which still exist in England are these. (I) In real property there can be nothing more than limited ownership, and it may be held in complete ownership. (2) Personal property is not subject to various incidents of real property, such as rent, dower or escheat. The property law is the most complex law according to the English law (Roger Smith, 2005). Regulations on the use of personal property fall under intellectual property, company law, trusts and commercial law. It is also heartening to note that all the important theories which justify the possesson of private property are well reflected in the English personal property law in different forms. 3.1 Occupation theory Occupation theory of private property law supports the view that possessor will have a right to continue possessing. It is nothing but possession creates property rights and a legal right to have better title than all except for the true owner. It is the oldest theory for justifying the private property. It also appeals to the right of the original discoverer and occupant to the exclusive use of what he discovers and occupies. There is always a number of conditions which must be satisfied to justify property under this theory, such as the condition that the thing or property occupied must belong to no-one. English law clearly mentions that possession creates a protected interest even though it is inferior to the ownership of the property 5. The concept of possession developed from a legal system whose principal concern was to avoid civil disorder. The general principle of English law is that a person in possession of land or goods, even as a wrongdoer, is entitled to take action against anyone interfering with the possession unless the person interfering is able to demonstrate a superior right to do so. The superior right under this context may be in the form of ownership. 5 : Property law. http://www.answers.com/topic/property-law. In the United Kingdom the Torts (Interference with Goods) Act 1977 6 has significantly amended the law relating to wrongful interference with goods and abolished some longstanding remedies and doctrines. In this way the English law protects the interests of the genuine owners or possessors of the private or personal property. The occupation theory also supports the practice of bailment. Bailments are transfer of personal property but without the transfer of transfer of ownership and a bailee doesnt have custody but possession. Different forms of bailments like constructive, involuntary, gratuitous and hire have been clearly mentioned in the English law so that any disputes arising out of the rights to possess private property can be legally solved. The English law also provides safeguarding measures in case of production of evidence of negligence in the form of damages, duty and causation to the bailor’s property by the bailee. However the English law allows dominant rights to the possessors than even that 6 : Torts (Interference with goods) act (1977). http://www.kevinboone.com/lawglos_TortsInterferenceWithGoodsAct1977.html. of owners in exceptional cases like adverse possession. Two elements of adverse possession 7 have been mentioned in the English law. (a) Once the statute of limitations has been passed, the possessor becomes the true owner of the property: (b) Actual possession with in an appropriate degree of physical control given the nature of the property itself of the type that an owner would normally make of this property. It is clear that the English law certainly wants (in general) to protect the rights of the person who is closest to the true owner (Roger Smith, 2006). It also claims that first possessor will acquire possession, but if it becomes part of the land, the landowner will be the one who possesses it. 3.2 Labor theory One more important theory which explains the rights of the people to possess private property is Labor theory (Panesar Sukhinder, 2001). It postulates that people who till the land ought to have something unique as far as the ownership is 7 : Adverse possession : The view from Europe. http://www.tltsolicitors.com/legal-update/Property-Update/P6475.asp. concerned. English law supports this theory by protecting the interests of the cultivators and discouraging the absentee landlordism. 3.3 Utilitarian theory Utilitarian theory holds higher relevance in explaining and protecting the rights of the people in possessing the private property. According to the English law, social utility is defined as the ability of the individual to seize upon unoccupied wealth. This theory propounds that private property best protects that rights of the individual. One must not forget the fact that in the social utility theory there is no conflict between social rights and individual rights. 3.4 Economic theory English law also protects the rights of the people to possess property as supported by the economic theory (John De Lacy, 2007). Economic theory 8stresses that the private property should be distributed based on the contribution of people in terms of work or productivity and English law 8 : Mutualism (Economic theory). http://en.wikipedia.org/wiki/Mutualism_(economic_theory). has some indirect supporting clauses for this theory also. 4.0 Conclusion Over all, it may be concluded that the English law has some principles and provisions which safeguard the interests of the genuine owners or possessors of the private or personal property. It is made possible due to integration of all the important theories of private property theories such as occupation theory, economic theory, labor theory and utilitarian theory in to its legal documents. Hence any affected person can produce the evidence of fraud relating to possession of personal property if any, and the justice can be sought in the court of law according to the English law. The English law will certainly examine the specific cases of private property and will apply the respective theories of private property for delivering the final judgment so that any genuine possessor of property would be provided with justice. Bibiography: 1. S.I.Benn and R.S.Peter. (1959). Social principles and the democratic state, London. George Allen and Unwin. P:155. 2. Hunter v. Canary Wharf Ltd. (1997). 2 AllER 426. 3. John De Lacy. (2007). Personal property security law reform in the UK : Comparative perspectives. Routledge Cavendish publication. P:550. ISBN-10: 1859418910. 4. Michael Bridge. (2004). Personal property law. Oxford University Press. P:240. ISBN-10: 0199254761. 5. Panesar Sukhinder. (2001). General principles of property law. Pearson Education publication. P: 272. ISBN 10: 0582423325. ISBN13: 9780582423329. 6. Roger Smith. (2005). Property Law. 5th edition, Paper back. P:696. ISBN13: 9781405801140. 7. Roger Smith. (2006). Property Law cases and materials. 3rd Edition. Paper back. P:832.ISBN13: 9781405807449. 8. Jeremy Waldron. (1988). The right to private property, Oxford. Clarendon press. Pp:viii + 470. Read More