History of ownership
In Roman law, the property was divided into movable
and immovable property. In Anglo-Saxon law, there is a somewhat similar distinction between personal property ( personal property and Real Estate
formalizes the notion of property first presented as a natural right
“Every man has a property in his own person. To this person has no right than himself. The work of his body and the work of his hands, we may say that they belong to it. All it takes the state in which nature had placed there has mixed his work and added something of its own, making it thereby his property. As it was drawn from the common situation where nature had placed it because of this work something which excludes the right of other men. Indeed, this work being the undisputed property of the person who has executed, no other person can not have a law on which it is associated. “( Second Civil Government of the Treaty
It matches the definition of legitimacy after each clause requiring private appropriation must “leave it enough, in as good, and even more than they could use the individuals who were not yet filled. “(Ibid.)
Article 2 of the Declaration of Human Rights and Citizen
among the “natural and imprescriptible rights of man.” Article 1 of the Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms also establishes this right at the European level.
Proof of ownership
In French law, the proof
of ownership is exercised by all means, that is to say, the judge
may consider all the arguments and evidence by the parties of a dispute opposing the ownership of property. These clues may include a testimony, paying taxes … The deed
relating to the purchase of the property is a particularly strong indication but it is not absolute proof: it proves that you purchased the property to another person, but it remains to be proven that this person was the lawful owner.
Property and political philosophy
The property is an element that structure all social developments, and so is particularly present in the thinking and political polemics.
On the theoretical level, the concept has been criticized in different ways. Overall we can say that the status given to property, especially private property, political currents splits into two camps, which can be described roughly of socialists
and liberals. Liberals tend to fiercely defend the right of property in the name of the defense of individual freedom, while the Socialists tend to restrict and limit the right of property in the name of fairness, of Human Rights, man, thegeneral interest, or now the political ecology and the rights of future generations.
In practical terms, for a long time, this is the land
that has been the subject of attention (with, since ancient times, the theme of agrarian reform). The Physiocrats
believed and ownership of the land was the basis of any economy, if we could replace all taxes with a single tax on land.
With the modernization of the economy, other elements have gained importance: mining, manufacturing, and finally technical processes.We can now sell house fast in Scotland.
The property about rivalries and wars
The property can also be understood as a right of access
to a maritime area for exploitation of resources. In the SEVENTEENTH century, the rivalry between the maritime powers, particularly between the United Provinces and England, have created the first reflections on the natural law and international law, with Hugo Grotius.
Any war is born of a common claim to the same property, says Denis Diderot in the Supplement to Bougainville Travel. Civilized man is often found with the desire to possess the property of others. Which causes the flight. Whereas if the subject was available, there would be theft and trial for embezzlement.
formalized property rights in The Social Contract. In the second part of the Discourse on Inequality, he wrote:
“The first who, having enclosed a piece of land, thought of saying: This is mine, and found people simple enough to believe him, was the true founder of civil society How many crimes, wars, murders,. what miseries and horrors had no spared to mankind that which, pulling up the stakes or filling a ditch, had shouted to his fellows: Beware of listening to this impostor; you are lost if you forget that fruit at all, and the earth itself to nobody.
“Property is theft”
If, for the authors of the Declaration of the Rights of Man and of the Citizen
, as for those of the Universal Declaration of Human Rights, the property is anatural right and a human right, for some, ” the property is theft, “according to the famous formula of Proudhon in What Is Property?.
According to the analysis anarchist Proudhon, there can be no property without a sophisticated legal system. Thus, far from being a natural evidence of the individual, the property is a social relationship, interindividual, which can not be justified in principle or origin. Then there is no difference in kind between the stress exerted by an “owner” and that exerted by a “thief”, only a form of difference. This would be the use of a property that would create the right of possession, not ownership that would use and abuse of the property. Especially as social differences naturally amplify over generations, especially in a social system that applies thebirthright, which focuses the rights and properties on one head.In contrast to this view, the Liberals argue that the property is necessary for the freedom of the individual, which allows to oppose the state and society the right to pursue its own purposes. Proudhon himself repeatedly clarified its position and particularly justified individual property (Limited in spirit possession) by the protection it offers against the state. In China, which has legislated a law March 16, 2007 hearing guaranteeing private property, even if the land is not affected, peasants claiming private ownership of their land against the arbitrary power of the State wants to expropriate to build hotels. For Hernando de Soto is the lack of a legal system that protects property that prevents people from poor countries to participate in the economy and to integrate into capitalist globalization. For Soto, “Property is not only enjoy a good, it is the ideology” petty bourgeois “. It is primarily a system of rights and duties.