National property

“ With this power of creation, and this passion for independence, property has reached an ideal perfection. It is felt and treated as the national life-blood. The laws are framed to give property the securest possible basis, and the provisions to lock and transmit it have exercised the cunningest heads in a profession which never admits a fool. ”

“ Gentlemen, if all these things are done, can be done and ought to be done by the National Government, can anyone doubt the soundness of this proposition: That it is interstate commerce to ship by mail, or freight, any kind of property?
What is property? "Property is a thing or things subject to ownership; anything that may be exclusively possessed and enjoyed; chattels, lands, possessions." Gold, gold certificates, silver, silver certificates, United States notes, checks, drafts, promissory notes are all certainly within this definition. ”

“ Landed property the acquisition of which is necessary for the satisfaction of the demand for dwellings, for the promotion of colonization and reclamation, or for the improvement of agriculture may be expropriated. ”

“ The property of the entire people is the mainstay of the state in the development of the national economy. (2) The property of the entire people is under the special protection of the state. (3) The administration and disposal of the property of the entire people are determined by law. ”

“ There is an apparent official reluctance for political reasons abruptly to convert collective property to state ownership. Public statements have indicated that the difference between collective and state property may be eliminated by transforming both into national property. Under the prevailing economic system the distinction between state and national property is purely verbal. ”

“ They openly publish a resolution, that the national property being increased in value, they must by an increase of circulating medium furnish an adequate representation of it, and by further additions of active capital promote the enterprises of our merchants. ”

“ It is remarkable that jealousy of individual property in land often goes along with very exaggerated doctrines of tribal or national property in land. ”

“ But this is not the only objection to taxes on the transference of property; they prevent the national capital from being distributed in the way most beneficial to the community.193 For the general prosperity, there cannot be too much facility given to the conveyance and exchange of all kinds of property, as it is by such means that capital of every species is likely to find its way into the hands of those who will best employ it in increasing the productions of the country. ”

“ As an owner of property the State is trustee for the people, and a wise policy may, in some eases, dictate the neglect of commercial interests, while in other cases it may require that they be strictly adhered to. Wherever the State has possessed large domains fitted for agricultural uses, as in the public lands of the United States and of Australia, such lands have been used rather to promote national development than to insure public revenue. ”

“ Though the whole nation is not so directly affected by the depression of property in corporation towns as the inhabitants themselves, it partakes of the consequence. By lessening the value of property, the quantity of national commerce is curtailed. ”

“ The French "physiocrats" of a hundred years ago, founders of the first School in Political Economy, excellent men for the most part as well as good economists in general, thought, that lands were property in a peculiar and eminent sense, that they were the ultimate source of all values but their own, and that consequently lands should bear the weight of the national taxes. ”

“ Some measure of this kind will inevitably be adopted at some future period, as in most instances the property itself is unproductive of any national benefit, nor is it utilised for any national object. ”

“ To create a National Fund, out of which there shall be paid to every person, when arrived at the age of twenty-one years, the sum of Fifteen Pounds sterling, as a compensation in part, for the loss of his or her natural inheritance, by the introduction of the system of landed property. ”

“ Whatsoever citizens have bought with money for their private use—not for trade, which is under the supervision of the state—all furniture, clothing, jewelry, etc., etc., is, for the same reason, absolute property. ”

“ Upon divorce, the community property of the spouses shall be partitioned by them through agreement, or, where no such an agreement is reached, adjudicated by the people's court in light of the actual state of the property and in compliance with the principle of favoring the rights and interests of their children, the wife, and the no-fault party. The rights and interests of the husband or wife arising from the contractual management of land based on the household shall be protected in accordance with law. ”

“ Persons of the civil law enjoy real rights in accordance with law. Real rights are the rights to directly and exclusively control a specific thing by the right holder in accordance with law, which consists of the ownership, right to usufruct, and security interests in the property. ”

“ Each of the co-owners by shares shall enjoy the rights and assume the obligations respecting the joint property in proportion to his share. Each of the common owners shall enjoy the rights and assume the obligations respecting the joint property. Each co-owner by shares shall have the right to withdraw his own share of the joint property or transfer its ownership. ”

“ A person shall have the right to request the return of his property, if the declaration of his death has been revoked. Any citizen or organization that has obtained such property in accordance with the Law of Succession shall return the original items or make appropriate compensation if the original items no longer exist. ”

“ Enterprises under ownership by the whole people shall lawfully enjoy the rights of management over property that the state has authorized them to manage and operate, and the rights shall be protected by law. ”

“ Both the nation and the state by their agents have encouraged the people to buy land, and they have in that way derived great benefits; the nation by the federal constitution and the state by its constitution and statutes said to me that land could be acquired as absolute property ”

“ Property ownership shall not be obtained in violation of the law. Unless the law stipulates otherwise or the parties concerned have agreed on other arrangements, the ownership of property obtained by contract or by other lawful means shall be transferred simultaneously with the property itself. ”

“ Anyone who damages the property of the state, a collective or another person shall restore the property to its original condition or reimburse its estimated price. If the victim suffers other great losses therefrom, the infringer shall compensate for those losses as well. ”

“ If a party has possession of the other party's property according to contract and the other party violates the contract by failing to pay a required sum of money within the specified time limit, the possessor shall have a lien on the property and may keep the retained property to offset the debt or have priority in satisfying his claim out of the proceeds from the sale of the property pursuant to relevant legal provisions. ”

“ Where a transferee acquires the ownership of the immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages against the person who disposes of the property without a right. Where a party acquires, in good faith, a real right other than ownership, the provisions of the preceding two paragraphs shall be applied mutatis mutandis. Article 312
An owner or any other right holder has the right to recover a lost thing. ”

“ An easement is created at the time the easement contract enters into effect. Where the parties request for registration, applications may be filed with the registration authority for the registration of the easement; without registration, such an easement may not be asserted against a bona fide third person. Article 375
A right holder of the immovable property served as the servient land shall allow the person entitled to an easement to utilize the immovable property as agreed in the contract and may not interfere with the exercise of the right to easement by such person. ”

“ The agreement on their premarital property and the property acquired during the marriage is legally binding on both parties to the marriage. Where the spouses agree that the property acquired during the marriage is to be owned separately, a debt incurred by one of the spouses shall be paid off with his separate property to the extent that the third person concerned is aware of such an agreement. ”

“ The Hong Kong Special Administrative Region shall, in accordance with law, protect the right of individuals and legal persons to the acquisition, use, disposal and inheritance of property and their right to compensation for lawful deprivation of their property. ”

“ Article 57
⁠A legal person shall be an organization that has the capacity for civil-law right and the capacity for civil conduct, and independently enjoys civil-law rights and assumes civil obligations according to law.
Article 58
⁠A legal person shall be established according to law.
⁠A legal person shall have its own name, organization, domicile, and property or funds. The specific conditions and procedures for the establishment of a legal person shall be prescribed by relevant laws and administrative regulations. ”

“ If a person suffers damages from preventing or stopping encroachment on state or collective property, or the property or person of a third party, the infringer shall bear responsibility for compensation, and the beneficiary may also give appropriate compensation. ”

“ In terms of external relations, the co-owners are jointly and severally entitled to claims and are jointly and severally obligated to perform obligations arising from the co-owned immovable or movable property, unless it is otherwise provided by law or where the third person is aware that the co-owners are not in a relationship of joint and several claims and obligations. ”

“ The persons entitled to adjacent rights in immovable property shall properly deal with adjacent relationships in accordance with the principles of facilitation to production, convenience for daily lives, solidarity and mutual assistance, and fairness and reasonableness. ”

“ With respect to the immovable and movable property owned by an urban-town collective, the collective is entitled to possess, use, benefit from, and dispose of such property in accordance with laws and administrative regulations. ”

“ Article 43
⁠A custodian shall properly manage the property of the missing person and protect his/her property rights and interests.
⁠Any taxes, debts and other expenses owed by a missing person shall be defrayed by the custodian out of the missing person's property.
⁠A custodian who, intentionally or due to gross negligence, causes damage to the property of the missing person shall bear the liability for compensation. ”

“ Where one spouse conceals, transfers, sells off, destructed or damages, or squanders the community property, or creates a false community debt in an attempt to unlawfully seize the property of the other spouse, the said spouse may receive less or no property upon partition of the community property in the case of divorce. ”

“ Where a civil juristic act is void, revoked, or is determined to have no legal effect, the property thus obtained by a person as a result of the act shall be returned, or compensation be made based on the appraised value of the property if it is impossible or unnecessary to return the property. ”