Simple English definitions for legal terms
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The law of property is a type of law that deals with ownership rights of things like land, buildings, and other possessions. It is one of the three main parts of civil law, along with laws about people and laws about obligations. In modern times, civil law is divided into five parts: general principles, obligations, family law, property, and succession. This type of law is concerned with rights that are attached to things, rather than to people.
Definition: The law of property is a category of law that deals with rights in property, such as personal servitudes, predial servitudes, and rights of real security. It is one of the three traditional departments of civil law, along with persons and modes of acquiring property (obligations). In modern civil codes, it is divided into five books: general principles, obligations, family law, property, and succession. This law deals with proprietary rights in rem, which means rights that are attached to a specific property and can be enforced against anyone who interferes with them.
Examples: Personal servitudes are rights that one person has over another person's property. For example, if you have a right of way over your neighbor's land to access your own property, that is a personal servitude. Predial servitudes are rights that one property owner has over another property. For example, if you have a right to use your neighbor's well for water, that is a predial servitude. Rights of real security are rights that a creditor has over a debtor's property to secure a debt. For example, if you take out a mortgage on your house, the bank has a right of real security over your property until you pay off the mortgage.
Explanation: These examples illustrate the definition of the law of property because they all involve rights in property that are attached to a specific property and can be enforced against anyone who interferes with them. Personal servitudes and predial servitudes are both examples of proprietary rights in rem because they are attached to a specific property and can be enforced against anyone who interferes with them. Rights of real security are also proprietary rights in rem because they give the creditor a right over the debtor's property that can be enforced against anyone who interferes with it.