Property law (England and Wales)
In England and Wales, property law is the set of legal norms that regulate the protection, acquisition and transfer of property .
Systematics and legal sources
English law knows neither a coherent, self-contained system of the institutes of property law nor a numerus clausus for rights in rem. The various property law institutions are rather scattered by statutory law ( English law statute and) judges right ( English common law detected).
Property
The English institute of property includes, on the one hand, a legal institute comparable to Roman-Germanic property (also English ownership ) , but in English legal language it is used more in the sense of 'property law'. English legal theory differentiates between real and personal property. The distinction goes back to the system of writs in English legal history . In medieval law one could bring an action for the surrender of a thing in nature or for damages. The former was called actio in rem and was only permitted for the surrender of land (i.e. real estate). The term real property or realty developed from the term actio in rem ; it always means ownership of land, not other land rights . The associated area of law is referred to as land law .
The action for damages, on the other hand, was called actio in persona. Movable assets are therefore called personal property or personalty. Personal property is divided into chattels real (domination rights to properties of a certain duration such as a leasehold ) and chattels personal (all other property rights, mainly ownership of movable property). Furthermore, a distinction is made between choses in possession / chattels (such as 'Fahrnis') and choses in action (claims, copyrights, securities).
Real estate tenancy law
Trust
literature
- Christoph Graf von Bernstorff : Introduction to English law . 3. Edition. CH Beck, 2006, § 7. Law of property.
- Roger Smith: Property Law . 6th edition. Longman, London 2009, ISBN 978-1-4058-5866-3 .
