释义 |
property
prop·er·ty P0599700 (prŏp′ər-tē)n. pl. prop·er·ties 1. a. Something owned; a possession.b. A piece of real estate: has a swimming pool on the property.c. Something tangible or intangible to which its owner has legal title: properties such as copyrights and trademarks.d. Something tangible or intangible, such as a claim or a right, in which a person has a legally cognizable, compensable interest.e. Possessions considered as a group: moved with all his property.2. A theatrical prop.3. An attribute, characteristic, or quality: a compound with anti-inflammatory properties. See Synonyms at quality. [Middle English proprete, properte, from Anglo-Norman properte and Old French proprete, alterations (influenced by Anglo-Norman Old French propre, one's own) of Old French propriete, from Latin proprietās, specific character (of a person or thing), ownership, property (formed on the model of Greek idiotēs, specific character, from idios, one's own), from Latin proprius, one's own; see per in Indo-European roots.] prop′er·ty·less adj.property (ˈprɒpətɪ) n, pl -ties1. something of value, either tangible, such as land, or intangible, such as patents, copyrights, etc2. (Law) law the right to possess, use, and dispose of anything3. possessions collectively or the fact of owning possessions of value4. (Agriculture) a. a piece of land or real estate, esp used for agricultural purposesb. (as modifier): property rights. 5. (Agriculture) chiefly Austral a ranch or station, esp a small one6. (General Physics) a quality, attribute, or distinctive feature of anything, esp a characteristic attribute such as the density or strength of a material7. (Logic) logic obsolete another name for proprium8. (Theatre) any movable object used on the set of a stage play or film. Usually shortened to: prop [C13: from Old French propriété, from Latin proprietās something personal, from proprius one's own]prop•er•ty (ˈprɒp ər ti) n., pl. -ties. 1. that which a person owns; the possession or possessions of a particular owner. 2. goods, land, etc., considered as possessions. 3. a piece of land or real estate. 4. ownership; right of possession, enjoyment, or disposal, esp. of something tangible. 5. something at the disposal of a person, a group of persons, or the community or public. 6. an essential or distinctive attribute or quality of a thing: the chemical properties of alcohol. 7. Also called prop. a usu. movable item used onstage or in a film set, esp. one handled by an actor or entertainer while performing. 8. a written work, play, movie, etc., bought or optioned for commercial production or distribution. 9. a person, esp. one under contract in entertainment or sports, regarded as having commercial value. [1275–1325; Middle English proprete possession, attribute, what is one's own =propre proper + -te -ty2. compare propriety] syn: property, chattels, effects, estate, goods refer to what is owned. property is the general word: She owns a great deal of property. He said that the umbrella was his property. chattels is a term for pieces of personal property or movable possessions; it may be applied to livestock, automobiles, etc.: a mortgage on chattels. effects is a term for any form of personal property, including even things of the least value: All my effects were insured against fire. estate refers to property of any kind that has been, or is capable of being, handed down to descendants or otherwise disposed of in a will: He left most of his estate to his niece. It may consist of personal estate (money, valuables, securities, chattels, etc.) or real estate (land and buildings). goods refers to household possessions or other movable property, esp. the stock in trade of a business: The store arranged its goods on shelves. See also quality. property1. Anything that may be owned. 2. As used in the military establishment, this term is usually confined to tangible property, including real estate and materiel. For special purposes and as used in certain statutes, this term may exclude such items as the public domain, certain lands, certain categories of naval vessels, and records of the Federal Government.See Materials, Properties of
propertyIf something is someone's property, it belongs to them. The field is the University's property.Eventually the piano became my property.You can also refer to all the things that a person owns as their property. Her property passes to her next of kin.Their property was confiscated and they were driven back to the ghettos.When property is used in either of these ways, it is an uncount noun. You do not talk about a person's 'properties'. ThesaurusNoun | 1. | property - something owned; any tangible or intangible possession that is owned by someone; "that hat is my property"; "he is a man of property";belongings, holdingpossession - anything owned or possessedmaterial possession, tangible possession - property or belongings that are tangibleworldly belongings, worldly goods, worldly possessions - all the property that someone possess; "he left all his worldly possessions to his daughter"ratables, rateables - property that provides tax income for local governmentshereditament - any property (real or personal or mixed) that can be inheritedintellectual property - intangible property that is the result of creativity (such as patents or trademarks or copyrights)community property - property and income belonging jointly to a married couplepersonal estate, personal property, personalty, private property - movable property (as distinguished from real estate)things - any movable possession (especially articles of clothing); "she packed her things and left"immovable, real estate, real property, realty - property consisting of houses and landcommonage - property held in commonlandholding - a holding in the form of landsalvage - property or goods saved from damage or destructionshareholding - a holding in the form of shares of corporationschurch property, spirituality, spiritualty - property or income owned by a churchlease, letting, rental - property that is leased or rented out or lettrade-in - an item of property that is given in part payment for a new onepublic property - property owned by a governmentwealth - property that has economic utility: a monetary value or an exchange valueestate - everything you own; all of your assets (whether real property or personal property) and liabilitiesheirloom - (law) any property that is considered by law or custom as inseparable from an inheritance is inherited with that inheritancestockholding, stockholdings - a specific number of stocks or shares owned; "sell holdings he has in corporations"trust - something (as property) held by one party (the trustee) for the benefit of another (the beneficiary); "he is the beneficiary of a generous trust set up by his father" | | 2. | property - a basic or essential attribute shared by all members of a class; "a study of the physical properties of atomic particles"attribute - an abstraction belonging to or characteristic of an entityactinism - the property of radiation that enables it to produce photochemical effectsisotropy, symmetry - (physics) the property of being isotropic; having the same value when measured in different directionsanisotropy - the property of being anisotropic; having a different value when measured in different directionsdevice characteristic, characteristic - any measurable property of a device measured under closely specified conditionsconnectivity - the property of being connected or the degree to which something has connectionswave-particle duality, duality - (physics) the property of matter and electromagnetic radiation that is characterized by the fact that some properties can be explained best by wave theory and others by particle theorygenetic endowment, heredity - the total of inherited attributesage - how long something has existed; "it was replaced because of its age"fashion, manner, mode, style, way - how something is done or how it happens; "her dignified manner"; "his rapid manner of talking"; "their nomadic mode of existence"; "in the characteristic New York style"; "a lonely way of life"; "in an abrasive fashion"physical composition, composition, make-up, makeup, constitution - the way in which someone or something is composedconsistency, eubstance, consistence, body - the property of holding together and retaining its shape; "wool has more body than rayon"; "when the dough has enough consistency it is ready to bake"disposition - a natural or acquired habit or characteristic tendency in a person or thing; "a swelling with a disposition to rupture"tactile property, feel - a property perceived by touchoptics - optical properties; "the optics of a telescope"visual property - an attribute of visionaroma, odor, olfactory property, odour, smell, scent - any property detected by the olfactory systemsound property - an attribute of soundfullness, mellowness, richness - the property of a sensation that is rich and pleasing; "the music had a fullness that echoed through the hall"; "the cheap wine had no body, no mellowness"; "he was well aware of the richness of his own appearance"taste property - a property appreciated via the sense of tastesaltiness - the property of containing salt (as a compound or in solution)edibility, edibleness - the property of being fit to eatbodily property - an attribute of the bodyphysical property - any property used to characterize matter and energy and their interactionschemical property - a property used to characterize materials in reactions that change their identitysustainability - the property of being sustainablestrength - the property of being physically or mentally strong; "fatigue sapped his strength"concentration - the strength of a solution; number of molecules of a substance in a given volumeweakness - the property of lacking physical or mental strength; liability to failure under pressure or stress or strain; "his weakness increased as he became older"; "the weakness of the span was overlooked until it collapsed"temporal property - a property relating to timeviability - (of living things) capable of normal growth and developmentspatial property, spatiality - any property relating to or occupying spacemagnitude - the property of relative size or extent (whether large or small); "they tried to predict the magnitude of the explosion"; "about the magnitude of a small pea"degree, level, grade - a position on a scale of intensity or amount or quality; "a moderate grade of intelligence"; "a high level of care is required"; "it is all a matter of degree"size - the property resulting from being one of a series of graduated measurements (as of clothing); "he wears a size 13 shoe"hydrophobicity - the property of being water-repellent; tending to repel and not absorb wateranalyticity - the property of being analyticcompositeness - the property of being a composite numberprimality - the property of being a prime numberselectivity - the property of being selectivevascularity - the property being vascular; "a prominent vascularity"extension - the ability to raise the working leg high in the air; "the dancer was praised for her uncanny extension"; "good extension comes from a combination of training and native ability"solvability, solubility - the property (of a problem or difficulty) that makes it possible to solve | | 3. | property - any area set aside for a particular purpose; "who owns this place?"; "the president was concerned about the property across from the White House"placeboatyard - a place where boats are built or maintained or storedsanctuary - a consecrated place where sacred objects are keptcentre, center - a place where some particular activity is concentrated; "they received messages from several centers"colony - a place where a group of people with the same interest or occupation are concentrated; "a nudist colony"; "an artists' colony"geographic area, geographic region, geographical area, geographical region - a demarcated area of the Earthhatchery - a place where eggs are hatched under artificial conditions (especially fish eggs); "the park authorities operated a trout hatchery" | | 4. | property - a construct whereby objects or individuals can be distinguished; "self-confidence is not an endearing property"attribute, dimensionconcept, conception, construct - an abstract or general idea inferred or derived from specific instanceslineament, character, quality - a characteristic property that defines the apparent individual nature of something; "each town has a quality all its own"; "the radical character of our demands"characteristic, feature - a prominent attribute or aspect of something; "the map showed roads and other features"; "generosity is one of his best characteristics"feature of speech, feature - (linguistics) a distinctive characteristic of a linguistic unit that serves to distinguish it from other units of the same kind | | 5. | property - any movable articles or objects used on the set of a play or movie; "before every scene he ran down his checklist of props"propobject, physical object - a tangible and visible entity; an entity that can cast a shadow; "it was full of rackets, balls and other objects"custard pie - a prop consisting of an open pie filled with real or artificial custard; thrown in slapstick comediesmise en scene, stage setting, setting - arrangement of scenery and properties to represent the place where a play or movie is enacted |
propertynoun1. possessions, goods, means, effects, holdings, capital, riches, resources, estate, assets, wealth, belongings, chattels Security forces confiscated weapons and stolen property.2. land, holding, title, estate, acres, real estate, freehold, realty, real property He inherited a family property near Stamford.3. quality, feature, characteristic, mark, ability, attribute, virtue, trait, hallmark, peculiarity, idiosyncrasy A radio signal has both electrical and magnetic properties.Quotations "Property is theft" [Pierre-Joseph Proudhon Qu'est-ce que la Propriété?]propertynoun1. One's portable property:belonging (often used in plural), effect (used in plural), good (used in plural), lares and penates, personal effects, personal property, possession (used in plural), thing (often used in plural).Informal: stuff.Law: chattel, movable (often used in plural).2. Something, as land and assets, legally possessed:estate, holding (often used in plural), possession (used in plural).3. Usually extensive real estate:acre (often used in plural), estate, land.4. A distinctive element:attribute, character, characteristic, feature, mark, peculiarity, quality, savor, trait.Translationsproperty (ˈpropəti) – plural ˈproperties – noun1. something that a person owns. These books are my property. 財產 财产2. land or buildings that a person owns. He has property in Scotland. 房地產 房地产3. a quality (usually of a substance). Hardness is a property of diamonds. 特性,性質 特性,性质 4. (usually abbreviated to prop (prop) ) a small piece of furniture or an article used by an actor in a play. 道具 道具 IdiomsSeebe public propertyproperty
property, 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. Ownership necessarily is supported by correlative rights to exclude others from enjoyment. By extension of usage, the things in which one has property rights are called one's property; thus the person who holds title to a house, even though there is a mortgagemortgage, in law, device for protecting a creditor by giving him an interest in property of his debtor. In common law a mortgage was a conditional sale; i.e., the mortgagor (debtor) sold realty (real property mortgage) or personal property (chattel mortgage), but if the debtor ..... Click the link for more information. outstanding, calls it his or her "property." Nature of Modern Property Modern Anglo-American property law provides at least potentially for the ownership of nearly all things that have or may have value. The terminology and much of the content of modern property law stem from its origins in feudalismfeudalism , form of political and social organization typical of Western Europe from the dissolution of Charlemagne's empire to the rise of the absolute monarchies. The term feudalism is derived from the Latin feodum, ..... Click the link for more information. . The fundamental division is into realty (or real estate or real property) and personalty (or personal property). (For rules affecting marital property, see husband and wifehusband and wife, the legal aspects of the married state (for the sociological aspects, see marriage). The Marriage Contract
Marriage is a contractual relationship between a man and a woman that vests the parties with a new legal status. ..... Click the link for more information. ; for certain special types of property, see copyrightcopyright, right granted by statute to the author or originator of certain literary, artistic, and musical productions whereby for a limited period of time he or she controls the use of the product. ..... Click the link for more information. and patentpatent, in law, governmental grant of some privilege, property, or authority. Today patent refers to the granting to the inventor of a useful product or process the privilege to exclude others from making that invention. ..... Click the link for more information. .) Realty Realty is chiefly land and improvements built thereon. Sometimes it is comprehensively, but loosely, described as lands, tenements (holdings by another's authority), and hereditaments (that which is capable of being inherited). Formerly its chief characteristics in a legal sense were that it went by descent to the heir of the owner (who had no control over its disposition) and that ownership might be recovered from any other party by a lawsuit (a so-called real action). Also possessing such characteristics, and hence classified as real property, were titles of honor, heirlooms, and advowsons, i.e., rights to sell ecclesiastical benefices. The manner in which realty is owned is called an estate; specifically, ownership is a fee of some sort, for example, an estate in fee simple (see tenuretenure, in law, manner in which property in land is held. The nature of tenure has long been of great importance, both in law and in the broader economic and political context. ..... Click the link for more information. ). Personalty Personal property consists chiefly of movables, that is, portable objects. Typically (but by no means invariably) the owner can by willwill, in law, document expressing the wishes of a person (known as a testator) concerning the disposition of her property after her death. If a person dies intestate, i.e. ..... Click the link for more information. , giftgift, in law, voluntary transfer of property from one person to another without any compensation for it and without any obligation of an agreement or contract. The one who gives is the donor; the one who receives the gift, the donee. ..... Click the link for more information. , or sale determine its distribution (note the contrast with the term descent), and if it has been wrongly taken, a lawsuit (a so-called personal action) will recover damages but will not restore the object. Certain types of interests in land are also classified as personalty; examples are leases for a period of years, mortgages, and liens. Limits on Ownership The need for unobstructed intercourse between nations prohibits the assertion of ownership of the high seas, and special rules apply to territorial waters (see waters, territorialwaters, territorial, all waters within the jurisdiction, recognized in international law, of a country. Certain waters by their situation are controlled by one nation; these include wholly enclosed inland seas, lakes, and rivers. ..... Click the link for more information. ) and to domestic navigable waternavigable water, in the broadest sense, a stream or body of water that can be used for commercial transportation. When, as in the early common law, the term is restricted to waters affected by tides, it denotes only the open sea and tidal rivers. In most U.S. ..... Click the link for more information. . Air space beyond that which can be used by airplanes is often considered not subject to ownership. In a sense, all land presently or ultimately belongs to the state, for whatever is not actually owned by the public authority may be transferred to it by escheat (when there is no heir to the owner) or in condemnation proceedings under the power of eminent domaineminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in the ..... Click the link for more information. . In fact, much or most land in capitalist societies is in private hands, although public landspublic land, in U.S. history, land owned by the federal government but not reserved for any special purpose, e.g., for a park or a military reservation. Public land is also called land in the public domain. ..... Click the link for more information. may be extensive and ownership of subsoil mineral wealth or of buried objects (see treasure-trovetreasure-trove, in English law, buried or concealed money or precious metals without any ascertainable owner. Such property belongs to the crown. The present practice in Great Britain is for the crown to pay the finder for the treasure-trove if it is of historic or artistic ..... Click the link for more information. ) may in some instances be public. (See also public ownershippublic ownership, government ownership of lands, streets, public buildings, utilities, and other business enterprises. The theory that all land and its resources belong ultimately to the people and therefore to the government is very ancient. ..... Click the link for more information. .) Development of Property Law Protection and content are given to the ownership of property by custom or law. The type of property law in a society may be taken as an index of its social and economic system. For example, a primitive pastoral tribe that must be closely united to resist its enemies may hold pasture lands in common or rotate ownership, thereby avoiding disruptive quarrels. By contrast, in societies that enjoy an economic surplus and relative security, the institution of private property may be highly developed, with marked division of ownership and a competitive struggle for control. On the other hand, private property may be all but eliminated in certain societies, as in those envisioned by Karl Marx. In Europe, the distinction between realty and personalty served the purposes of early feudal society. The ownership and disposition of land, the basis of most wealth and the keystone of the social structure, were controlled to protect society, while the ownership of personalty, being of minor importance, was almost unfettered. As the economic system was altered during the late Middle Ages, however, personalty lost its subordinate position and grew to be the economic mainstay of the rising middle class of merchants and manufacturers. Personalty could be bought and sold in relative freedom without the hindrances that beset the disposal of land. By taking advantage of its economic freedom, the middle class was able to replace the landed aristocracy as society's dominant class. Concurrently, it sought to relieve real property of its medieval fetters in order to use it, along with personalty, as revenue-producing capital. Gradually the law of realty tended in all important respects to be assimilated to that of personalty. In time land could be sold or distributed by will with almost perfect freedom; in effect it joined the list of other commodities. Differences of detail in the law of realty and personalty persist, especially in the transfer of realty, however, which involves great formality. PropertyA plot or parcel of land, including buildings or other improvements. Also called real property.property the rights of possession or ownership recognized within a society. Such possessions may be individually or collectively owned (including corporate as well as communal or state ownership), and include rights to LAND and housing, MEANS OF PRODUCTION or CAPITAL, and sometimes other human beings (see SLAVERY). Wide variations exist in the rights recognized within different societies, and these differences are often regarded as fundamental in determining overall differences between societies (see MODES OF PRODUCTION). In their widest sense, rights of property include rights to alienate (to sell, will, etc.), but often may be limited to rights of control and rights to benefit from use. Historically – e.g. in many simple societies and preindustrial agrarian societies -‘absolute rights’ of private property have been comparatively rare. Conceptions of’absolute rights’ of private property existed for a time in ANCIENT SOCIETY, but achieve a decisive importance only in CAPITALIST SOCIETIES -even then restrictions have usually remained. Justifications of forms of property are an important part of the ideological legitimation which occurs in most societies, not least justifications of private property notwithstanding that one of the justifications for private property has been the argument that it is a ‘natural’ form (see LOCKE, SMITH, CLASSICAL ECONOMISTS). Among important justifications for it have been the idea, especially influential in the period preceding modern capitalism, that individuals have a right to the fruits of their own labour (see also LABOUR THEORY OF VALUE). Arguments for unlimited rights to private property have been countered by an emphasis on the 'social’ character of all production, the concept of social ‘needs’, and conceptions of social JUSTICE and ideals of EQUALITY (see also SOCIALISM, COMMUNISM). On the other hand the recognition of individual property rights has been emphasized as a significant source of limitations on STATE power, the development of CIVIL SOCIETY, and the appearance of modern CITIZEN RIGHTS (see also NEW RIGHT). Sociological assessment of differences in, and consequences of differences between, societies in property rights is usually considered by sociologists to require more than regard merely to legal categories of property. An assessment of effective ownership and control, and the inequalities in wealth and income, life-chances, etc. related to these, is also essential. See also CONCENTRATION OF OWNERSHIP, PUBLIC OWNERSHIP. Property in law a concept used to define (1) the aggregate of belongings and material values possessed by a person (this is the most common interpretation of the term “property” as found in Soviet legislation); (2) the aggregate of belongings and of property rights to receive property from other persons; and (3) the aggregate of belongings, property rights, and obligations that characterize the financial standing of their possessor. When property is considered in the first two senses, Soviet law, in establishing rules about the responsibility of socialist organizations in terms of their obligations, defines the extent of this responsibility within the limits of the property that belongs to them (allotted to them) and upon which execution can be levied.
Property a philosophical category expressing the aspect that differentiates an object from or associates it with other objects and that is revealed in the relationship of an object to other objects. All properties are relative: that is, they do not exist aside from their relationships to other properties and things. Properties are inherent in things and have objective existence, independent of human consciousness. Objective idealism characteristically separates the property from the thing. In other words, a property is understood as something general, existing independently of individual objects and belonging to the sphere of consciousness. Subjective idealism identifies properties with sensations, thereby denying the objective character of properties. V. I. Lenin demonstrated that the identification of the properties of things with sensations contradicts the basic facts of the modern natural sciences and inevitably leads to solipsism (Materializm i empiriokrititsizm [Materialism and Empiriocriticism], Poln. sobr. soch., 5th ed., vol. 18). To a large extent, the branches of learning are differentiated according to differences between the types of properties they study. Depending on how they change, properties may be divided into those that lack intensity and therefore cannot change in that respect (for example, economic or historical properties) and those that are of variable intensity (for example, weight, temperature, or velocity). The humanities are concerned chiefly with properties of the first type. Mathematics and the natural sciences, including physics, chemistry, and astronomy, study primarily properties of the second type. In modern science, however, there is a growing tendency toward overcoming this distinction, as is evident in the development of affine geometry and topology and the penetration of statistical and mathematical methods into the humanities. REFERENCEUemov, A. I. Veshchi, svoistva i otnosheniia. Moscow, 1963.A. I. UEMOV property1. Any asset, real or personal. 2. An ownership interest.property1. Law the right to possess, use, and dispose of anything 2. a quality, attribute, or distinctive feature of anything, esp a characteristic attribute such as the density or strength of a material 3. any movable object used on the set of a stage play or film MedicalSeepropproperty Related to property: property tax, property roompropertyn. anything that is owned by a person or entity. Property is divided into two types: "real property" which is any interest in land, real estate, growing plants or the improvements on it, and "personal property" (sometimes called "personalty") which is everything else. "Common property" is ownership by more than one person of the same possession. "Community property" is a form of joint ownership between husband and wife recognized in several states. "Separate property" is property owned by one spouse only in a community property state, or a married woman's sole ownership in some states. "Public property," refers to ownership by a governmental body such as the federal, state, county or city governments or their agencies (e.g. school or redevelopment districts). The government, and, in particular, the courts are obligated to protect property rights and to help clarify ownership. (See: real property, personal property, personalty, common property, community property, separate property, public property) property things and rights that can be owned or that have a money value. Property also signifies a beneficial right to a thing. In English law, property is either realty, which comprises freehold land, or personalty, which comprises everything else, including leasehold land and land held on trust for sale; pure personalty is the term used to denote chattels and other forms of personal property having no connection with land. In relation to goods, because of the Sale of Goods Act 1979, there will be an identifiable instant at which the ownership or right of property in the goods passes from seller to buyer. The importance of ascertaining the precise time lies not only in questions of risk but also in cases of insolvency where the destination of the goods to a trustee in bankruptcy, receiver or liquidator can leave the other party to the transaction only with the right to rank for a dividend as a general creditor. The Act provides that property passes when it is intended to pass, i.e. the traditio, or physical transfer, required by the civil law is not required. Property does not pass in unascertained goods. If the parties' intention cannot be determined, certain rules are laid down to resolve the matter. Rule 1: where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made; it is immaterial whether the time of payment or the time of delivery, or both, be postponed. Thus, in the case of a sale in a shop to a customer of an item identified in the shop, property will pass when the contract is formed. Rule 2: where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done. The requirement for notice is important if the rules relating to risk are considered. As risk normally passes with property, this notice would have the effect of transferring property to the buyer, who then should consider insuring the goods, even although they are outwith his possession. Rule 3: where there is a contract for specific goods in a deliverable state but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until this has been done and the buyer has notice that it has been done. It is important to distinguish Rule 3 from Rule 2. Rule 2 refers to goods that are not in a deliverable state whereas Rule 3 refers to goods that are in a deliverable state. Rule 4: when goods are delivered to the buyer on approval, or on sale or return, or other similar terms, the property in the goods passes to the buyer: - (a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction;
- (b) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of that time, and, if no time has been fixed, on the expiration of a reasonable time.
Rule 5: this rule does not apply to specific goods but to goods that at the time the contract was made were unascertained. Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods then passes to the buyer; the assent may be express or implied, and may be given either before or after the appropriation is made. Where, in pursuance of a contract, the seller delivers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer and does not reserve the right of disposal, he will be taken to have unconditionally appropriated the goods to the contract. PROPERTY. The right and interest which a man has in lands and chattels to the exclusion of others. 6 Binn. 98; 4 Pet. 511; 17 Johns. 283; 14 East, 370; 11 East, 290, 518. It is the right to enjoy and to dispose of certain things in the most absolute manner as he pleases, provided he makes no use of them prohibited by law. See Things. 2. All things are not the subject of property the sea, the air, and the like, cannot be appropriated; every one may enjoy them, but he has no exclusive right in them. When things are fully our own, or when all others are excluded from meddling with them, or from interfering about them, it is plain that no person besides the proprietor, who has this exclusive right, can have any, claim either to use them, or to hinder him from disposing of them as, he pleases; so that property, considered as an exclusive right to things, contains not only a right to use those things, but a right to dispose of them, either by exchanging them for other things, or by giving them away to any other person, without any consideration, or even throwing them away. Rutherf. Inst. 20; Domat, liv. prel. tit. 3; Poth. Des Choses; 18 Vin. Ab. 63; 7 Com. Dig. 175; Com. Dig. Biens. See also 2 B. & C. 281; S. C. 9 E. C. L. R. 87; 3 D. & R. 394; 9 B. & C. 396; S. C. 17 E. C. L. R. 404; 1 C. & M. 39; 4 Call, 472; 18 Ves. 193; 6 Bing. 630. 3. Property is divided into real property, (q.v.) and personal property. (q.v.) Vide Estate; Things. 4. Property is also divided, when it consists of goods and chattels, into absolute and qualified. Absolute property is that which is our own, without any qualification whatever; as when a man is the owner of a watch, a book, or other inanimate thing: or of a horse, a sheep, or other animal, which never had its natural liberty in a wild state. 5. Qualified property consists in the right which men have over wild animals which they have reduced to their own possession, and which are kept subject to their power; as a deer, a buffalo, and the like, which are his own while he has possession of them, but as soon as his possession is lost, his property is gone, unless the animals, go animo revertendi. 2 Bl. Com. 396; 3 Binn. 546. 6. But property in personal goods may be absolute or qualified without ally relation to the nature of the subject-matter, but simply because more persons than one have an interest in it, or because the right of property is separated from the possession. A bailee of goods, though not the owner, has a qualified property in them; while the owner has the absolute property. Vide, Bailee; Bailment. 7. Personal property is further divided into property in possession, and property or choses in action. (q.v.) 8. Property is again divided into corporeal and incorporeal. The former comprehends such property as is perceptible to the senses, as lands, houses, goods, merchandise and the like; the latter consists in legal rights, as choses in action, easements, and the like. 9. Property is lost, in general, in three ways, by the act of man, by the act of law, and by the act of God. 10.-1. It is lost by the act of man by, 1st. Alienation; but in order to do this, the owner must have a legal capacity to make a contract. 2d. By the voluntary abandonment of the thing; but unless the abandonment be purely voluntary, the title to the property is not lost; as, if things be thrown into the sea to save the ship, the right is not lost. Poth. h.t., n. 270; 3 Toull. ii. 346. But even a voluntary abandonment does not deprive the former owner from taking possession of the thing abandoned, at any time before another takes possession of it. 11.-2. The title to property is lost by operation of law. 1st. By the forced sale, under a lawful process, of the property of a debtor to satisfy a judgment, sentence, or decree rendered against him, to compel him to fulfill his obligations. 2d. By confiscation, or sentence of a criminal court. 3d. By prescription. 4th. By civil death. 6th. By capture of a public enemy. 12.-3. The title to property is lost by the act of God, as in the case of the death of slaves or animals, or in the total destruction of a thing; for example, if a house be swallowed up by an opening in the earth during an earthquake. 13. It is proper to observe that in some cases, the moment that the owner loses his possession, he also loses his property or right in the thing: animals ferae naturae, as mentioned above, belong to the owner only while he retains the possession of them. But, in general,' the loss of possession does not impair the right of property, for the owner may recover it within a certain time allowed by law. Vide, generally, Bouv. Inst. Index, b. t. property
propertyAny tangible or intangible thing that is or may be owned by someone. AcronymsSeePPTYproperty Related to property: property tax, property roomSynonyms for propertynoun possessionsSynonyms- possessions
- goods
- means
- effects
- holdings
- capital
- riches
- resources
- estate
- assets
- wealth
- belongings
- chattels
noun landSynonyms- land
- holding
- title
- estate
- acres
- real estate
- freehold
- realty
- real property
noun qualitySynonyms- quality
- feature
- characteristic
- mark
- ability
- attribute
- virtue
- trait
- hallmark
- peculiarity
- idiosyncrasy
Synonyms for propertynoun one's portable propertySynonyms- belonging
- effect
- good
- lares and penates
- personal effects
- personal property
- possession
- thing
- stuff
- chattel
- movable
noun something, as land and assets, legally possessedSynonymsnoun usually extensive real estateSynonymsnoun a distinctive elementSynonyms- attribute
- character
- characteristic
- feature
- mark
- peculiarity
- quality
- savor
- trait
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