The line between personality rights and property rights is not always easy to draw. For example, is a person`s reputation property that can be exploited commercially by granting them property rights? The question of ownership of personality rights is particularly relevant in the case of rights over human tissues, organs and other parts of the body. Every market price in a voluntary capitalist society comes from transfers of private property. Each transaction takes place between an owner and a person interested in acquiring the property. The value at which the property is traded depends on its value for each part. Ownership is guaranteed by laws that are clearly defined and enforced by the state. These laws define ownership and all the benefits associated with ownership of property. The term property is very broad, although legal protection for certain types of property varies from jurisdiction to jurisdiction. It is also possible that ownership passes from one person to another without the owner`s consent. This happens, for example, when a person dies without inheritance, goes bankrupt or the property is taken in execution of a court judgment. 7.30 In this study, the ALRC considers “acquired property rights” in its broad and rhetorical rather than its technical sense, in which there are clear nuances of the meaning of the term “acquired”. [46] 7.11 The concept of ownership is complex.
The term “property” is used in everyday and legal language to describe the types of real property that are both real and personal. “Real estate” includes shares of land and furnishings or country structures. “Personal” property includes tangible or “physical” things – movable or property. This includes certain intangible or “intangible” rights, also referred to in the law as “things in action”, such as copyright and other intellectual property rights, shares in a corporation, economic rights in trusts, pension rights[15] and certain contractual rights, including, for example, many debts. [16] Non-derogable rights are created by law. Material things exist independently of the law, but the law governs the right of ownership and possession of them – including whether they can be “owned.” [17] In economics, property rights are the basis of any market exchange, and the allocation of property rights in a society affects the efficiency of resource use. 7.20 The recognition of new forms of intangible property can be discussed in the context of article 51 (xxxi) of the Constitution, which is discussed below. Arguments about human rights, for example, claims to the body and body parts, including propagating material, are strong. [25] The need to recognize “Aboriginal and Torres Strait Islander traditional knowledge and cultural expressions” was also encouraged.
As part of this survey, the Arts Law Centre advocated for the recognition of cultural knowledge as intellectual property and adequately protected, arguing that the Native Land Titles Act (Cth) 1993 did not do so. [26] Similar intellectual property issues were raised during the rights and obligations consultation. [27] Modern landlord and tenant law in common law countries retains the influence of the common law and, in particular, the laissez-faire philosophy that dominated contract and property law in the 19th century. With the rise of consumerism, the Consumer Protection Act recognized that common law principles that assume equal bargaining power between parties can lead to injustice. Therefore, reformers stressed the need to assess residential tenancy law in terms of tenant protection. Laws to protect tenants are common today. Very few, if any, non-Western societies generalize ownership in the same way that Western legal systems do. What distinguishes the Western property system from most, if not all, systems of other societies is that its category of private property is a standard category.
Western legal systems regard individual property as a norm against which deviations must be explained. The legal concept of property in the West is characterized by a tendency to aggregate into a single legal person, preferably the one currently in possession of the thing in question, the exclusive right to possess, the privilege of use and the power to transfer the thing. 7.12 In law, the term “property” may be used more precisely or more commonly to describe the types of rights – and rights in relation to things.
