Questions and Notes on Ownership 1

Questions and Notes on Ownership 1

1.      Who observed that the English law accepted the concept of ownership as an absolute right through gradual development in the law of possession?

Holdsworth

2.      What is the difference between `Right of Ownership` and `Ownership of Right`?

Right of Ownership is the right to the entirety of the lawful use of a corporeal thing and includes a bundle of rights, liberties, powers and immunities. Whereas, ownership of a right denotes that he is neither the possessor nor an encumberancer, but the owner of the right.

Ownership of a right is also known as incorporeal ownership whereas the right of ownership is called corporeal ownership.

3.      Who said “Ownership is entirety of the powers to use and disposal allowed by law”?

Pollock

4.      Who defined property as “Sum total of a man`s fortune”?

Holland

5.      As per Hibbert what are the four essentials of Ownership?

a.      Right to use,

b.      Right to exclude others from using,

c.       Right to disposing of a thing,

d.      Right to destroy it.

6.      What is the definition of Ownership as per Black`s Law Dictionary?

Collection of rights to use and enjoy property, including the right to transmit it to others.

7.      Who defines Ownership as “A right which avails against everyone who is subject to law conferring the right to put thing to user of indefinite user”

And

“A right indefinite in point of user unrestricted in point of disposition and unlimited in point of duration”?

Austin

8.      Who wrote the book `Elements of Jurisprudence`?

Holland

9.      Who said “Ownership is in its most comprehensive signification denotes the relation between a person and right that is vested in him, that which a man owns in this sense is in all cases a right”?

Salmond

10.   As per Salmond what are the essentials of Ownership?

a.      Owner has right to possess, however he might not be in actual possession,

b.      He has the right to use and enjoy the thing owned,

c.       He has right to consume, destroy or alienate the thing,

d.      Ownership is indeterminate,

e.      Ownerhsip has a residuary character.

11.  Who characterized Salmond`s definition of Ownership as unnecessary confusion?

Cook

12.  Who said “Definition as given by Salmond suggests that from the point of time, the concept of ownership of right must be prior to that ownership of material objects, but historically it appears just the reverse of it”?

Glanville Williams

13.  Who said “Ownership is a plenary control over an object”?

Holland

14.  What are the essentials of Ownership as per Holland?

a.      Possession,

b.      Enjoyment,

c.       Disposition

The above can be controlled by rules given by State. Hence, he opined that right of ownership consists of benefits and burdens.

15.  Who said “Ownership is the ultimate right to the enjoyment of a thing”?

Keeton

16.  Who said “Ownership is the entirety of the powers of use and disposal allowed by law”?

Pollock

17.  Who said “Ownership is the ultimate right to the thing or what is left when all other rights vested in various people are taken out”?

Buckland

18.  Who wrote the book `Jurisprudence and Legal Theory`?

Pollock

19.  Who said that “Ownership is a collection of rights, privileges and powers, some of which are frequently found to reside either for a limited period or perpetually, in persons other than Owner”?

Hohfeld

20.  What is res nullis?

Things over which no one has ownership are called res nullis. Their ownership is acquired by first possession. Ownership of previously owned things is acquired by derivative methods.

21.  According to Salmond there are two ways of acquiring Ownership:

a.      By operation of law,

b.      By reason of some act or event

22.  Other modes of acquisition of ownership are:

a.      Absolute: like acquisition of res nullis,

b.      Extinctive: like termination of previous owner`s ownership by way of adverse possession for 12 years by another person,

c.       Accessory: ownership of accessory things, like fruits of a tree.

23.  Who said that in ancient times the right of ownership was regarded as exclusive and absolute but in modern times there is a growing tendency to restrict?

Salmond

Questions and Notes on Ownership 1

 

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