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12/16/2017 Ownership As A Social Concept - Academike

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According to TAGS Holdsworth. 4 5 6 7 8 9 10 To begin with. The idea of ownership Sector followed the idea of possession. The idea began to grow when they started planting trees.com/academike/ownership-social-concept/ 2/18 . 1972:  – Nidhi Kumari. speaking the idea of possession came Empowerment Of rst in the minds of people and it was later on that the idea of Women In Education ownership came into existence.Academike Ownership As A Social Concept  Do not wish to  On April 6. the distinction became clearer and clearer. Historically. DEVELOPMENT OF THE IDEA OF OWNERSHIP CALENDAR The idea of ownership  developed by slow degrees with the growth of civilization.[i]  Arbitration OWNERSHIP UNDER ANCIENT INDIAN LAW  Competition https://www.lawctopus. However with the advancement of civilization. This 18 19 20 21 22 23 24 distinction was made very clearly in Roman law. Possessio implied only physical control over a thing. This concept has Analysis been discussed by most of the writers before that of possession. 1972: A Critical concepts common to all systems of law.12/16/2017 Ownership As A Social Concept . cultivating lands and M T W T F S S building their homes. 2015  By admin disclose on Payment of Gratuity Act. The transition from a pastoral to an   1 2 3 agricultural economy helped the development of the idea of ownership. DECEMBER 2017 they had no sense of ownership. However. CNLU A Critical Analysis INTRODUCTION  Nkumra on Payment of Gratuity The concept of ownership is one of the fundamental juristic Act. the English law reached the concept of ownership as an absolute right through developments in the  ADR  agency law of possession. no distinction was made between ownership 11 12 13 14 15 16 17 and possession. So long as the people were wandering from place to place and had no settled place of residence. People began to think in terms of mine and thine. it is pointed out that it is not the right  Radhika on method. Two distinct 25 26 27 28 29 30 31 terms were used to point out the distinction and these were Dominium and possession. Dominium denoted the absolute « Oct     right to a thing. The English notion of ownership is similar to the conception of dominium in Roman law.

vyas etc. Gain  information 3. of judiciary  India 1. Where a thing had no previous owner such  Property  Property as bird or a sh. the person who found it took the whole of it if  separation of powers it was found on his land.com/academike/ownership-social-concept/ 3/18 . In case of some treasure to information was discovered. namely.  evidence  fair etc. Acceptance of gifts  law  limited liability  maintenance According to manu. he could acquire only half of it. and if it was found on some other’s  tax  Transfer Of land. Employment  jurisprudence 7. The great commentators.12/16/2017 Ownership As A Social Concept . As regards the property of no-one’s land (i.[ii] Property Act  USA  WOMEN DEFINITION OF OWNERSHIP Ownership. notably.e. bailment.  contracts The ancient hindu law ordained men to behave in a particular  criminal law manner in relation to person or property of another. as is https://www. denotes the relation between a person and any right that is vested in him. were based on distinction between ownership and trial  Family Law possession. sale. the rule of res nullius was to apply and the Law  rape  Right one who took it rst was its owner. Investment of wealth  IPR  jurisdiction 6. emphasized the right of ownership of  contract  property was to be used for noble cause and good motives. When. Inheritance  Indian Contract Act 2.Academike The right to ownership was also recognized under the ancient  constitution Indian law. in its most comprehensive signi cation.  Fundamental Rights  goods  Human The ancient hindu jurists mentioned seven modes of Rights  independence acquisition of ownership of property. Conquest trading  IPC 5. narada.  constitutional law Yajnavalkya . only property of the king or state could be  marriage  minor acquired by conquest but the king had no right to interfere or  natural justice acquire the private property of the subjects of the conquered  patent territory. They were  death penalty warned that misuse of the right of ownership would entail  divorce them moral and public indignation and they would be liable for  education punishment. That which a man owns is in all cases a right. The ancient laws of prescription.lawctopus. Purchase technology  insider 4. res  president nullius) Manu says that it belonged to him who rst reclaimed  privacy it under cultivation.

According to one view. ACCORDING TO KEETON. this is merely a convenient gure of speech. According to him. we speak of the ownership of a material object. ownership is a relation between a person and a right that is vested in him. The great exponents of the two views Contact are Austin and Salmond. I may own a debt.“The right of ownership is a conception clearly easy to understand but di cult to de ne About  with exactitude. whether proprietary or personal. However. or a right of way. and nothing can be owned except a right. According to the second to second view. They are (i) Possession (ii) Enjoyment (iii) Disposition. Every right is owned. Every man is the owner of the rights which are his. or the fee simple of land. or money in the public fund’s. it may be separated as in case of mortgage or letting out. According to Holland. He says that the right of possession is ‘inherent of ownership’.Academike often the case.’’ The power of disposition means not only the power of alienation but it includes the power of alteration and destruction of the property. in rem or in personam. or a share in a company.com/academike/ownership-social-concept/ 4/18 . extends to all classes of rights. ownership is a relation which subsists between a person and a thing which is the object of ownership. On account of this https://www. an owner has three rights on the object owned. namely. To own a piece of land means in truth to own a particular kind of right in  the land.lawctopus.[iv] DUGUIT’S DEFINITION:  According to Duguit ownership is a relation between a person and a thing. Ownership.12/16/2017 Ownership As A Social Concept . the right of enjoyment means the “right of user and of acquiring the fruits. or a mortgage. in re propria or in re aliena. the fee simple of it. in this generic sense. or a copyright. or a lease. or in increase of the thing – The right is limited only by the rights of the state or of other individuals. There are two main theories with regard to the idea of ownership.”[iii]   HOLLAND’S DEFINITION: Holland de nes ownership as ‘a plenary control over an object’.

here again limitations exist. https://www. All legal system impose condition on the user of property . and unlimited in point of duration over a determinate thing. the owner cannot use his property in such a way as to cause nuisance to his neighbours. For instance.Academike relation the person has the power of disposal.   Inde nite in point of user It is practically impossible to enumerate the wide variety of ways in which the things owned may used by the owner.com/academike/ownership-social-concept/ 5/18 . Ownership is also  subject to encumbrance in favour of others .lawctopus.  Unrestricted in point of disposition  This denotes the absolute rights of alienation enjoyed by an owner as a necessary incidence of ownership. and employment of the thing according to a regle de droit.[v] AUSTIN DEFINITION: A widely accepted de nition is that of  Austin. However. who de ned ownership as a right inde nite in point of user. when such entry is authorized  by law  as in case an o cer of justice entering the premises of anyone  in  pursuance of a warrant issued  by a court. a transfer of property made with an intent to defeat or delay creditors is not permissible under the law.  Similarly. an owner cannot prevent the entry of o cers of the state into his property. it may not be taken to mean that the owner has an absolute  right to use his property in whatever way he likes.  For instance.It is well accepted that every owner must use the object of ownership so as not to injure the rights of other persons. This rights of encumbrances also constitute a limitation on the power of disposition. use. the Austin describes ownership as ainde nite  in point of user . However.12/16/2017 Ownership As A Social Concept . The law governing transfer of property may seriously interfere with the owner’s power of disposition. in which case the power of user enjoyed by the owner is curtailed by the rights of encumbrances. unrestricted in point of disposition .

because ownership devolves upon his heirs who are the persons of appointed by law to succeed the property remaining undisposed at time of his death. Ownership is a relation between a person and right that is vested in him 2. but his ownership is limited in point of duration. which limit the duration of ownership. it would be preferable to speak of it as a collection of right. a testator may settle his property on his widow with a condition that on her remarriage the property shall devolve upon his children.12/16/2017 Ownership As A Social Concept .com/academike/ownership-social-concept/ 6/18 . it is to be stated that although be speak a ownership as a right. We must also recognised that some of these rights. liberties. For salmond what constitute ownership. Finally.lawctopus. SALMOND DEFINITION: According to the Salmond ownership vests in the a complex of rights which he exercises to the exclusive of all others.Academike Unlimited in point of duration When we describe ownership as unlimited in the point of duration. Here the widow remains the vested owner of the property until her remarriage.a bundle of rights which is here in an individual salmond’s de nition thus point out two attributes of ownership- 1. There are situations. For instance. or perpetually in persons other than a owner.powers and immunities. The right is not extinguished even on the death of the owner. This quality of ownership also cannot be taken  as absolute.[vi] CHARACTERISTICS OF OWNERSHIP There are certain characteristics as such: https://www. following Hohfeld’s analysis. powers and  immunities are frequently found to decide either for a limited period. The rule against perpetuity is another limitation upon the unlimited duration and power or disposition of the owner. liberties. it means that a right is capable of existing so long as  a thing owned exists. Ownership is incorporeal body or form.

com/academike/ownership-social-concept/ 7/18 . It is also possible that there may be  certain restrictions on the right of ownership and those restrictions may be imposed by law or by volunatary agreement. An owner of a property may be its absolute owner and nobody else may have any interest in the same. 3. (1) Original. namely. It is also possible that certain restrictions may be imposed on the owners of property in times of national emergency. the Government may con scate their property of that portion of property which is necessary to realisethe money due to the Government. The Government may demand certain taxes from the owners of property. The Government may appoint some authority to control the rents charged by the owners of property. He may mortgage the same. 2. Thus. The house of any owner may be requisitioned and any compensation may be xed by the prescribed authority. they are not competent to enter into valid contracts.lawctopus. he comes to have a limited ownership. Original Acquisition of ownership takes place when ownership is acquired by some personal act on the part https://www. It is absolute or restricted. If those taxes are not paid.[vii] MODES OF ACQUISITION OF OWNERSHIP Broadly speaking there are two modes of acquiring ownership. Certain disabilities have been imposed on infants and lunatics with regard to the disposal of property. 1. They are not expected to understand and appreciate all the implications of their actions. Obviously.Academike 1.12/16/2017 Ownership As A Social Concept . 4. A compulsory restriction may be imposed on ownership if another person comes to have an easement on a particular property. 5. He is entitled to leave his property to his property to his successors. and (2) Derivative. An owner may lease out his property. The owner can distribute the property even in his own lifetime. The ownership of a person does not diminish with his death.

regulate acquisition of ownership of the property by derivative mode. Manu has termed this mode of acquisition as Prayog which means acquiring by accession. POSSESSION AND OWNERSHIP https://www. Derivative acquisition – When ownership is derived from a previous owner. that is when a person by some act on his part extinguishes the ownership of the previous owner and acquires its ownership himself. etc.12/16/2017 Ownership As A Social Concept .e. etc. he becomes the original owner of that statue.. when the ownership of property is acquired by way of accession to some existing property. which has no previous owner. . It takes place when ownership is acquired by inheritance or gift or purchase. 2. For example. it is called extinctive acquisition. it is called derivative acquisition of ownership.   Accessio – This is called accessory acquisition that is. In the Indian context. DETENTION. acquisition of ownership by prescription or adverse possession for a prescribed period which is 12 years in India. sales of goods.com/academike/ownership-social-concept/ 8/18 . For example.[viii] DISTINCTION BETWEEN CUSTODY. – Original acquisition of ownership may also be by speci cation which means a person by working up on material belonging to another makes a new thing. It may by three ways: Absolute – When a thing is acquired res nullius. Extinctive Acquisition of ownership . Examples are produce of lands or animals or fruits of trees. if a sculptor makes a statue from the clay belonging to the another.lawctopus.  – This has been called Parigrah by Manu who stated that the rst striker of an arrow to a prey whether a bird or wild animal. transfer of property. becomes its owner.Academike of the acquirer. i. the law of succession .

the right to use the property.Academike Custody is a relation of a person to an object in which he has no full control over the thing. The social aspect of ownership also highlights the important principle that on owner shall enjoy his interest in a manner compatible with the interest of others. Thus.lease. Ownership is a relation of a person to an object which is exclusive or absolute and ultimate. it is a valuable piece of evidence to show the existence of ownership. Possession  does not give the right to destroy. waste or even to alienate the property except by way of a sub. Possession is the external relisation of ownership. SIGNIFICANCE OF OWNERSHIP IN MODERN SOCIAL CONTEXT Ownership is a socially signi cant concept because it is an index of wealth. Detention is a relation where person has in fact possession over a thing but law due to certain reasons does not recognize it as possession. Possession is a relation of  a person to an  object which law recognises as possession.lawctopus.and even the quali cation to vote was based on ownership of land. a servant has the detention over things of his master with him.and social position. in  the other words. The person who stands in this relation is called the ‘owner’ and he has a right of complete control and enjoyment of the object. Ownership of land was means of controlling government.com/academike/ownership-social-concept/ 9/18 . a customer  examining a piece of cloth in a shop before the shopkeeper who has custody of that cloth. so as to include the available rights attached to ‘ownership’- the right to possess the property in a de jure capacity. In a feudal system based on land ownership. As https://www. as also the right to alienate or even to destroy the property though all those rights may not be present at the same time. he has no required animus to exclude others. For example. For example.12/16/2017 Ownership As A Social Concept . the feudal lords wielded tremendous in uence. a right of ownership is a right of dominium over the property concerned.

The manufactured products. ‘ Property like other interests has a social obligation to perform’. It is the concept of ownership that enables the exploitation of workers.the employer was able to dictate unfair terms of https://www.which we have analysed earlier.not in that of the labourer. and he continues to trade it as his own property.Academike Lord Evershed said. The extent of this social obligation re ects the social policy of the legal system. The Marxist theory of ownership draws attention to the evil role it has played.wealth tax. because using the power of dismissal and threat of unemployment and consequent starvation. The typical individualist approach to ownership is re ected in the de nition of Austin. The liability to pay property tax. liberties and powers.the pro t accumulated through trading manufactured products elevates him to position to provide the tools and raw materials. Later.etc. and get other people to provide the labour. Ownership of the means of production-tools and raw materials-became a source of power over persons for private pro t. Property owned by person is liable to execution for the debts incurred by him.com/academike/ownership-social-concept/ 10/18 .[ix]  It is important to remember that ownership is not merely a bundle of rights. however remain in his ownership. However. When control legislation imposes restriction on the way in which one may use his property. This promoted inequality. It begins with individual working with its own tools and raw materials. is also imposed in the social interest.lawctopus.gradually the emphasis began to shift from the individual to society-from ownership as a fundamental right of property to the wants of people and one’s duty towards others.liabilities and disabilities which prescribe and regulates how an owner should utilise his property for the bene t of other individuals or society. It came to be recognised that limitation are integral to the concept of property.12/16/2017 Ownership As A Social Concept . It is also carries with it corresponding burdens in the nature of duties.and not exception to an otherwise unlimited right.

The https://www. The industrialist was still the sole owner of the goods so produced and had complete ownership of the pro ts earned by the industry. When they amassed su cient wealth. in course of time. Thus the ownership of means of production become the source and symbol of power and social status which the industrialists enjoyed on the strength of the labour working under them. they could afford to hire labour and run the industry by providing tools and raw material to them.expressed the view that law should take account of the increasingly public character of ownership of property by investing it with the characteristics of public law. Friedmann writes that the concept of ownership has exerted considerable in uence as a source of social power in various stages of the development of society.lawctopus.  Karl Renner. The power of the employers to sack and change the service conditions of workers arbitrarily exhibited their in uence in the society as a dominant class.that is nationalised.and only ownership of consumer goods should be opened to private individuals.12/16/2017 Ownership As A Social Concept .Academike service.following the Marxist analysis. Dr. Professor Renner has traced the gradual evolution of ownership in its social perspective.com/academike/ownership-social-concept/ 11/18 . The distinction lies not in the nature of ownership. Two concepts of ownership a public and a private. Ownership of the means of production should be public. the labour movement raised voice against the exploitative tendencies of indutrialists and capitalists as a result of which public ownership gained primacy over private ownership. The owners of the means of production became industrial commanders wielding enormous powers that strike at the fundamentals of society. He pointed out that in early stages of development of society the owners of industries had to themselves collect tools. raw materials and labour resources to run the industry and they earned huge pro ts by the sale of their products.but in the things capable of being owned. This eventually led to the development of management – labour relationship in the eld of industries.have to be recognised. However.

nationalization of industries and national insurance schemes and now the employers  can exploit the workers by misusing their power. Thirdly. During the capitalistic era. both ownership and power  are centralized in the industrialists which was detrimental for the labour class. The industrialists are now required to contribute a considerable part of their income and pro t to the public fund of the state. Friedmann attributes three main reasons for the declining in uence of private ownership in modern social order. the gap between employer and labour class is gradually narrowing down due to trade union movement.The pro teering by industrialists has been considerably regulated through legislative measures and effective tax laws. comprehensive company legislation and labour and industrial laws have been enacted by almost all countries. As a result of this the bargaining power of both the entrepreneurs and the workers is more or less equal.[xii] https://www.12/16/2017 Ownership As A Social Concept . Firstly.[xi] Dias and Hughes have observed that in order to appreciate the role of ownership in the present social order. Furthur in order to ensure that the management does not misuse their power and authority. instead there should be greater emphasis on its functional analysis. Thus power has been separated from the ownership.Academike policy of nationalization of industries adopted by progressive socialist countries is directed towards the ful llment of this objective.lawctopus. Secondly. the encouragement provided to the corporate sector in recent decades has helped in separating the power element from ownership. This has helped in equitable distribution of wealth.com/academike/ownership-social-concept/ 12/18 . its formal analysis shall not serve any useful purpose.[x]  Dr. But today the real power vests in the management comprising experts in their respective elds and the owners are divested of this power.

lawctopus. and also the difference between the concepts of ownership and possession.Using the things. For instance.disposing of things. and a things over which he can exercise certain rights. Now he/she has no expectation of getting it back. even when we use these words in our ordinary conversation. Law converts  these simple ideas to legal concepts by de ning    their meaning with precision and re nement. he/she immediately understands that the toy belongs to him/her. which we commonly use in our daily life without  thinking about their  legal incidents or consequences.2. Ownership as a legal concepts denotes a legal relation between a person who is called the owner of the right . we generally associate certain rights and obligations with these words .excluding others from using it. and social position. In his/her mind there is a clear knowledge  that he/she parting with the possession of the toy . 3. The right of ownership is the most complete and supreme right that can be exercised over anything. he/ she expects that it will be returned to him/her after same time. but has no intention of giving up ownership .com/academike/ownership-social-concept/ 13/18 . and knows that he/she has relinquished not only the possession of the toy.Academike CONCLUSION Ownership and possession are two words. It consist four rights. but also its ownership . On the other hand. and4. namely: 1. However. If he / she permits another child to play with the toy. if you give a toy as a birthday gift to a child. He/ she considers himself/herself as the owner of the toy. he/she may voluntarily give the toy as a gift to her dear friend.12/16/2017 Ownership As A Social Concept .and does not permit other to touch it.It is surprising that a child  who has not learned these two words is capable of understanding the meaning of these words. Ownership of land was https://www.destroying it. Ownership is a socially signi cant concept because it is an index of wealth.

and even the quali cation to vote was based on  ownership of land. etc. The liability to pay property tax. liberties and powers. The social aspect of ownership also highlights the important principle that on owner shall enjoy his interest in a manner compatible with the interest of others. gradually the emphasis began to shift from the individual to society-from ownership as a fundamental right of property to the wants of people and one’s duty towards others. However.             https://www. which we have analysed earlier. The typical individualist approach to ownership is re ected in the de nition of Austin. ‘Property like other interests has a social obligation to perform’. liabilities and disabilities which prescribe and regulates how an owner should utilise his property for the bene t of other individuals or society. the feudal lords wielded tremendous in uence. It is also carries with it corresponding burdens in the nature of duties. As Lord Evershed said. is also imposed in the social interest. and not exception to an otherwise unlimited right. Property owned by person is liable to execution for the debts incurred by him.12/16/2017 Ownership As A Social Concept . wealth tax. It is important to remember that ownership is not merely a bundle of rights.com/academike/ownership-social-concept/ 14/18 . It came to be recognised that limitation are integral to the concept of property. The extent of this social obligation re ects the social policy of the legal system. In a feudal system based on land ownership.lawctopus.Academike means of controlling government. When control legislation imposes restriction on the way in which one may use his property.

N. P.2013 Pg.  ed.Universal Books Publications. 415. Central Law agency.  ed. Fifth Edition. N. Central Law agency. no. 426.V.12/16/2017 Ownership As A Social Concept . [vii]Mahajan’s.  ed.com/academike/ownership-social-concept/ 15/18 .2013 Pg.Academike                                                         ENDNOTE [i]Paranjape. no.D. 427. 259. “Jurisprudence and Legal Theory”. 413. [ix] Fitzgerald. “Salmond on Jurisprudence”. no. 12th Edition. Studies in jurisprudence and Legal Theory.Universal Books Publications. no. [iii]Ibid. [x]Paranjape.V. [iv] ibid [v] ibid [vi]Paranjape.2013 p.290. Studies in jurisprudence and Legal Theory.J. [ii]Paranjape.lawctopus. Studies in jurisprudence and Legal Theory. “Salmond on Jurisprudence”. Studies in jurisprudence and Legal Theory. V.2013 Pg. no. 411. N.410. Pg.V. Studies in jurisprudence and Legal Theory.V. [xii] Ibid Related Posts: https://www. 12th Edition. [viii] Fitzgerald. 256. Pg. Pg.J. Central Law agency.  ed. 2013. N. N. 2013.  ed. Central Law agency. [xi]Paranjape. Pg.V. Eastern Book Company. P. Central Law agency.2013 Pg.

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