Historical shifts within the law of individuals have created extra persons to whom the agglomerative tendency may attach but haven’t defeated the tendency. The incontrovertible fact that trendy legislation freely permits the creation of fictitious legal persons has, if something, exaggerated the tendency. Any legal system that begins its property regulation with a concept of possession goes to have a property regulation biased in favour of tangible issues. It is straightforward for Westerners to conceive of possessing nearly anything that can be touched. It is much more difficult to conceive of possessing an abstraction like a proper, a privilege, or a power. Westerners who usually are not attorneys will say that they possess their watches or their land; they may rarely say that they possess their financial institution accounts or the facility to convey their land. Anglo-American law is generally much less concerned with issues of definition than is the civil regulation.
Enterprise (Corporate) Regulation
In trendy civil regulation, as in Roman legislation, the tenant does not have the right to possession; the owner does. Since the landlord has a contractual obligation to allow the tenant to possess, the practical penalties of this conceptual distinction are not great. The most important space the place the two techniques differ is within the situation where the landlord sells his interest in the land to someone else. In Anglo-American regulation, the tenant has an enforceable possessory interest in opposition to his new landlord. Even this distinction has been narrowed by recent laws in … Read More
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