personal property
personal property
personal property
per′sonal prop′erty
n.
personal property
| Noun | 1. | personal property - movable property (as distinguished from real estate) |
| 单词 | personal property | |||||||||||||||||||||||||||
| 释义 | personal propertypersonal propertypersonal propertyper′sonal prop′ertyn. personal property
personal propertynounpersonal propertypersonal property:see propertyproperty,rights to the enjoyment of things of economic value, whether the enjoyment is exclusive or shared, present or prospective. The rightful possession of such rights is called ownership. ..... Click the link for more information. . Personal Propertyunder socialism the basic form of individual ownership of labor incomes and savings, of consumption objects that satisfy personal needs, and also of certain means of production that are used on personal subsidiary farming plots and in the home. The personal property of citizens is a constituent part of the national wealth of a country. Under socialism the immediate sources for the formation of personal property are the wages of production and office workers, the monetary incomes of kolkhoz farmers, and the incomes received from social consumption funds (pensions, grants, and stipends) and from personal subsidiary plots. Because the main sources for the formation of personal property are incomes distributed according to labor funds (wages) and social consumption funds, growth in social production is the basis for increases in personal property. In the last analysis, free and subsidized services (such as education and medical care) also influence the structure and volume of personal property. Because personal property is derived from social property, is based on personal labor, and is primarily for consumption, it differs fundamentally from both private capitalist property and the private ownership of small commodity producers. The higher the level of social production, the greater the workers’ real incomes will be and, as a result, the greater their personal property will be. In turn, since the amount of personal property depends on the quantity and quality of labor expended and since one can acquire more material goods when one’s income increases, the incentive for workers in a socialist economy to work harder increases, which promotes the growth of social property. The social and personal interests of the working people are combined in personal property. Marxism-Leninism is equally hostile to the asceticism and low level of consumption propagated by “leftist” revisionists and to the petit bourgeois spirit of acquisition, devotion to things, and the ideal of the “consumption society.” The ideals of socialism include much more than simply increasing the mass of material goods available to the members of society; they also aim at the comprehensive spiritual improvement of human beings and a system of human relationships that differs fundamentally from relationships under capitalism. Socialist society prevents the use of personal property to enable certain individuals to live in idleness, as parasites, refusing socially useful activity. Socialist society does not permit significant differentiation in personal income and the amount of personal property. On the contrary, as the educational and cultural level of the working people rises and their skills increase, the differences in incomes between particular social groups of working people will decrease. Personal property is a category that is developing and changing historically. The range of its objectives and sources of its formation depend on the historical conditions of the building of socialism, the level of development of productive forces, and the national, cultural, and other characteristics of social life. As the public economy of the kolkhozes grows and socialist public production develops, the personal subsidiary plots as a source for the formation of personal property and as a constituent part of the personal property of working people is decreasing. At the same time, scientific and technical progress in production leads to the appearance of new types of consumer products and to a corresponding expansion of the types of personal property. As a result of structural shifts, personal property increasingly consists of high-quality durable consumer goods and objects that satisfy people’s aesthetic and cultural needs. The amount of durable cultural-domestic goods included in the personal property of working people in the USSR has risen significantly, as shown in Table 1.
As socialist society develops toward communism, an ever-increasing share of the good things of life will come from social funds for personal use. Under communism, members of society will receive all necessities for life and comprehensive development directly from social resources. In the socialist countries, personal property is protected by law. For example, the Constitution of the USSR establishes the right to personal property as one of the basic rights of citizens. A citizen may use property that belongs to him in all the ways permitted by law, including using it directly, selling it, giving it away, bequeathing it, and allowing others to use it temporarily. The misuse of personal property (speculation, extraction of non-labor income, private entrepreneurial activity) is punishable under criminal law. To protect the consumer nature of personal property, the legislation of the Union republics establishes maximum sizes for a residential building that can be the personal property of a citizen and also establishes the maximum number of livestock that a citizen or kolkhoz household may own. Personal property is protected by various legal means. Property that has been stolen from an owner or taken by fraud, deception, and the like is sought and, if located, is returned to the owner. If it has been destroyed or damaged, its value must be repaid by the guilty person. In addition to returning the property or repaying its value, the guilty person is also punished for criminal infringement on personal property. REFERENCESKonstitutsiia SSSR. Moscow, 1971. Articles 7 and 10.Programma KPSS, part 2. Moscow, 1971. Materialy XXIV s”ezda KPSS. Moscow, 1971. Khalfina, R. O. Pravo lichnoi sobstvennosti sovetskikh grazhdan. Moscow, 1961. Radaev, V. V. Lichnaia sobstvennost’ ν sotsialisticheskom obshchestve. Moscow, 1963. Koshelov, A. Ia. Lichnaia sobstvennost’ ν sotsialisticheskom obshchestve. Moscow, 1963. Maslov, V. F. Osnovnye problemy prava lichnoi sobstvennosti ν period stroitel’stva kommunizma ν SSSR. Kharkov, 1968. personal propertypersonal propertyPersonal PropertyEverything that is the subject of ownership that does not come under the denomination of real property; any right or interest that an individual has in movable things. Personal property can be divided into two major categories: (1) corporeal personal property, including such items as animals, merchandise, and jewelry; and (2) incorporeal personal property, comprised of such rights as stocks, bonds, Patents, and copyrights. PossessionPossession is a property interest under which an individual is able to exercise power over something to the exclusion of all others. It is a basic property right that entitles the possessor to (1) the right to continue peaceful possession against everyone except someone having a superior right; (2) the right to recover a chattel that has been wrongfully taken; and (3) the right to recover damages against wrongdoers.Possession requires a degree of actual control over the object, coupled with the intent to possess and exclude others. The law recognizes two basic types of possession: actual and constructive. Actual possession exists when an individual knowingly has direct physical control over an object at a given time. For example, an individual wearing a particular piece of valuable jewelry has actual possession of it. Constructive possession is the power and intent of an individual to control a particular item, even though it is not physically in that person's control. For example, an individual who has the key to a bank safe deposit box, which contains a valuable piece of jewelry that she owns, is said to be in constructive possession of the jewelry. Possession of AnimalsAnimals ferae naturae, or wild animals, are those that cannot be completely domesticated. A degree of force or skill is necessary to maintain control over them. Gaining possession is a means of obtaining title to, or ownership of, wild animals. Generally an owner of land has the right to capture or kill a wild animal on her property and upon doing so, the animal is regarded as belonging to that individual because she owns the soil. The traditional legal principle has been that one who tames a wild animal is regarded as its owner provided it appears to exhibit animus revertendi, or the intent to return to the owner's domicile. Conversely when a captured wild animal escapes and returns to its natural habitat without any apparent intent to return to the captor's domicile, the captor forfeits all personal property right and the animal may be captured by anyone. Lost, Mislaid, and Abandoned PropertyPersonal property is considered to be lost if the owner has involuntarily parted with it and is ignorant of its location. Mislaid property is that which an owner intentionally places somewhere with the idea that he will eventually be able to find it again but subsequently forgets where it has been placed. Abandoned property is that to which the owner has intentionally relinquished all rights. Lost or mislaid property continues to be owned by the person who lost or mislaid it. When one finds lost goods, the finder is entitled to possession against everyone with the exception of the true owner. The finder of lost articles on land belonging to someone else is entitled to possession against everyone but the true owner, unless the finder is guilty of Trespass. The finder of misplaced goods has no right to their possession. The owner of the place where an article is mislaid has a right to the article against everyone but the true owner. Abandoned property can be possessed and owned by the first person who exercises dominion over it with an intent to claim it as his or her own. In any event, between the finder of a lost, mislaid, or abandoned article and the owner of the place where it is found, the law applies to whatever rule will most likely result in the return of the article to its rightful owner. Ordinarily when articles are found by an employee during and within the scope of his employment, they are awarded to the employer rather than to the employee-finder. Treasure trove is any gold or silver in coin, plate, or bullion that is hidden by an unknown owner in the earth or other private place for an extended period. The property is not considered treasure trove unless the identity of the owner cannot be ascertained. Under early Common Law, the finder of a treasure trove took title to it against everyone but the true owner. This doctrine was altered in England by a statute granting title to the crown subject to the claims of the true owner. The U.S. law governing treasure trove has, for the most part, been merged into the law governing lost property. However, certain cases have held that the old treasure trove law has not been combined into the lost property statutes. In some instances, the early common law of England has been held to apply in the absence of a statute governing treasure trove. Regardless of which principles are applied, however, in the absence of contrary statutory provision, the title to treasure trove belongs to the finder against all others with the exception of the true owner. If there is a controversy as to ownership between the true owner and the state, the owner is entitled to treasure trove. Confusion and AccessionConfusion and Accession govern the acquisition of, or loss of title to, personal property by virtue of its being blended with, altered by, improved by, or commingled with the property of others. In confusion, the personal property of several different owners is commingled so that it cannot be separated and returned to its rightful owners, but the property retains its original characteristics. Any fungible (interchangeable) goods can be the subject of confusion. In accession, the personal property of one owner is physically integrated with the property of another so that it becomes a constituent part of it, losing any separate identity. Accession can make the personal property of one owner become a substantially more valuable chattel as a result of the work of another person. This transformation occurs when the personal property becomes an entirely new chattel, such as when grapes are made into wine or timber is made into furniture. Subject to the doctrine of accession, personal property can become real property through its transformation into a fixture. A fixture is a movable item that was originally personalty (personal property) but which has become attached to, and associated with, the land and is, therefore, considered a part of the real property. BailmentsA Bailment is the rightful, temporary possession of goods by an individual other than the true owner. The individual who entrusts his property into the hands of another is called the bailor; the person who holds such property is the bailee. Ordinarily a bailment is effected for a designated purpose upon which the parties have agreed. The word bailment is derived from the French term bailler, "to deliver." It is ordinarily regarded as a contractual relationship since the bailor and bailee—either expressly or implicitly—bind themselves to act according to specific terms. The bailee receives only control or possession of the property, and the bailor retains the ownership interests therein. While a bailment exists, the bailee has an interest in the property that is superior to all others, including the bailor, unless she violates some term of the agreement. When the purpose for which the property has been delivered has been accomplished, the property will be returned to the bailor or otherwise disposed of, according to his instructions. A bailment differs from a sale, which is an intentional transfer of ownership of personal property in exchange for something of value, because a bailment involves only a transfer of possession or custody not of ownership. For example, a bailment is created when a person leaves his or her car and car keys at a parking garage. The parking garage receives a fee to hold the car in its custody. GiftsA gift is a voluntary transfer of personalty from one individual to another without compensation or consideration or the exchange of something of value. There are two main categories of gifts: inter vivos gifts, a voluntary, unconditional transfer of property between two living persons without consideration, and causa mortis, one that is made by a donor in anticipation of imminent death. The three requirements of a valid gift are delivery, donative intent, and acceptance. Bona Fide PurchasersA basic common-law principle is that an individual cannot pass a better title than she has, and a buyer can acquire no better title than that of the seller. A thief does not have title in stolen goods, so a person who purchases from the thief does not acquire title. A bona fide purchaser is an individual who has bought property for value with no notice of any defects in the seller's title. If a seller indicates to a buyer that she has ownership or the authority to sell a particular item, the seller is prevented (estopped) from denying such representations if the buyer resells the property to a bona fide purchaser for value without notice of the true owner's rights. At common law, such an Estoppel did not apply when an owner brought an item for services or repairs to a dealer in that type of goods and the dealer wrongfully sold the chattel. The bona fide purchaser, however, is now protected under such circumstances by the Uniform Commercial Code (UCC). A buyer who induces a sale through fraudulent representations acquires a Voidable title from the seller. A voidable title is one which may be vacated by the seller, upon discovery of the buyer's Fraud, at his option. The seller has the authority to transfer a good title to a bona fide purchaser for value without notice of the outstanding Equity. The voidable title rule is only applicable in situations where the owner is induced to part with title, not merely with possession, as a result of fraud or deception. Further readingsBurke, Barlow. 2003. Personal Property in a Nutshell. 3d ed. St. Paul, Minn.: West.Huss, Rebecca J. 2002. "Valuing Man's and Woman's Best Friend: The Moral and Legal Status of Companion Animals." Marquette Law Review 86 (fall). Jordan, Robert L., William D. Warren, and Steven D. Walt. 2000. Secured Transactions in Personal Property. 5th ed. New York: Foundation Press. Miller, Kathleen. 1995. Fair Share Divorce for Women. Belle-vue, Wash.: Miller Advisors. Sykas, Abigail J. 2001. "Waste Not, Want Not: Can the Public Policy Doctrine Prohibit the Destruction of Property by Testamentary Direction?" Vermont Law Review 25 (summer). Cross-referencesAccession; Bailment; Chattel; Possession. personal propertyn. same as "personalty." (See: personalty) personal propertyproperty that is not REAL PROPERTY. It includes goods and chattels but also leaseholds and land, whether freehold or leasehold, held on trust for sale and conversion into money.PERSONAL PROPERTY. The right or interest which a man has in things personal; it consists of things temporary and movable, and includes all subjects of property not of a freehold nature, nor descendable to the heirs at law. Things of a movable nature, when a right can be had in them, are personal property, but some things movable are not the subject of property; as light and air. Under the term personal property, is also included some property which is in its nature immovable, distinguished by the name of chattels real, as an estate for years; and fixtures (q.v.) are sometimes classed among personal property. A crop growing in the ground is considered personal property. so far as not to be considered an interest in land, under the statute of frauds. 11 East, 362; 1 Shopl. 337; 5 B & C. 829; 10 Ad. & E. 753; 9 B. & C. 561; sed vide 9 B. & C. 561. Personal PropertyPersonal propertyPersonal Propertypersonal propertyAny property except for real property. Personal property may consist of physical objects, or it may be intangibles such as copyrights, patents, or securities. Personal property is also called personalty. Personal Propertypersonal property
Synonyms for personal property
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