This document discusses subjects and objects of property rights. It notes that subjects of property rights, or those who can hold property, include persons both physical and juridical, with exceptions for foreigners owning immovables in Ethiopia. Objects of property rights refer to things over which rights can be established. Things are classified as either common/inappropriable or appropriable/private. For a thing to be an object of property it must have value, be capable of appropriation and control/use, be specific and individualized, and not be excluded by law. Controversial objects excluded from property include human persons, their rights and characteristics, and animals.
This document discusses subjects and objects of property rights. It notes that subjects of property rights, or those who can hold property, include persons both physical and juridical, with exceptions for foreigners owning immovables in Ethiopia. Objects of property rights refer to things over which rights can be established. Things are classified as either common/inappropriable or appropriable/private. For a thing to be an object of property it must have value, be capable of appropriation and control/use, be specific and individualized, and not be excluded by law. Controversial objects excluded from property include human persons, their rights and characteristics, and animals.
This document discusses subjects and objects of property rights. It notes that subjects of property rights, or those who can hold property, include persons both physical and juridical, with exceptions for foreigners owning immovables in Ethiopia. Objects of property rights refer to things over which rights can be established. Things are classified as either common/inappropriable or appropriable/private. For a thing to be an object of property it must have value, be capable of appropriation and control/use, be specific and individualized, and not be excluded by law. Controversial objects excluded from property include human persons, their rights and characteristics, and animals.
Subjects of Property (in rem rights) WHO can be the holder of in rem rights (property)? Persons, as understood in law (i.e., physical persons & juridical persons) Exception, foreigners cannot own immovables in Ethiopia (exception, foreign nationals of Ethiopian origin & foreigners engaged in investment business in Ethiopia, when the immovable is necessary for their investment). Objects of Property (in rem rights) WHAT can be the object of in rem rights (property)? Things/goods – again, as understood in law: physical things & legal things. But every ‘thing’ under the sky? Certainly not! There are things over which in rem right (property) can be established and things over which property right cannot be established. Based on this, ‘things’ are classified into: Common things/things out of commerce/inappropriable things Vs. Appropriable things/things in commerce/private things Objects of Property (in rem rights) …ctd. WHAT can be the object of in rem rights (property)? …. ctd. Then, which things are appropriable (or can be the object of property)? What determines this? What are the general attributes of things over which property right can be created? The general attribute of things considered as objects of property are: Value: economic, aesthetic, cultural, scientific, religious or sentimental, … Appropriability (Mastery by man/control and/or use) Specificity:- it should exist/property right cannot relate to future thing. Individualized Not excluded by law from serving as object of property. Not everything that has value and can be appropriated can be object of property Excluded and controversial things The human person, its organs, rights of personality Physical characteristics of a person: appearance, physical strength, charisma, humor, talent Animals ….