Property law falls into the common law legal system and concerns all aspects of ownership of ‘real’ property (land ownership as opposed to ownership of movable possessions) and personal property (movable possessions).
The concept of property law has been around since the days of ancient Rome and the emperor Justinian’s Corpus Juris Civilis, which was concerned with dividing civil law into three categories: personal status, property and acquisition of property. The concept of property law as we know it today first evolved out of France’s feudal system and was the first successful implementation of such a law, called the Napoleonic Code, based on Justinian’s ideals.
Thus property has gone from lying in the hands of the monarchs and feudal systems of the middle ages to total rights of the individual property owner. However, civil law to this day still distinguishes between property laws surrounding immovable possessions, like land, and property law concerning movable possessions, like clothes, cars, etc.
Property laws today ensure that a person’s legal rights and obligations surrounding their property are protected. This is a branch of law where it is especially important to be informed in, because it directly affects people more than any other sector of the law. The numbers of lawyers in existence are many; however, don’t go to just any lawyer for any disputes regarding property. Property law is a specialized field that needs the skills of a solid professional who has previous experience in property law.
There are numerous intricacies, loops and holes in property law and a property lawyer can help you navigate them easily and efficiently. Under property law fall a number of topics, such as the overlap of contract law and property law, property rights vs. personal rights, possession of property, transfer of property, leases and much more. Property law, then, seems to be a blanket term that applies to any number of topics and scenarios dealing with both movable, personal property rights and movable property rights.
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