邹奇奇
英语在线学习财产法(中英文对照)
The Law of Property财产法 日语翻译网站
The old common law1 was preeminently the law of real property; and the distinction between "real property" and "personal property3" was a crucial one.
Generally speaking, real property means real estate -1and and buildings -- but it also includes such things as growing crops. Everything el -- money, stocks and bonds, jewelry, cars, carloads of lumber, IOUs, bank deposits- is personal property. We all have a stake in real estate, since we all live somewhere; and we work, study, and travel somewhere, too. Everyone is a renter or an owner, or lives with renters or owners. But for most of us, that as far as the law is concerned the word property means primarily real property; personal property is of minor importance.
reminding Actually, personal property is legally a minor field. There is no single, special field of law devoted to personal property. Personal property is what contract law, commercial law,
and bankruptcy law -- yes, and torts, too -- are all about. But there are so many special rilles about real estate that it makes n to treat this as a parate field of law. 任何题目都可以套的万能作文
stationarity华尔街英语>乐在韩国 Property law is still one of the fundamental branches of law, and real estate is a significant branch of law practice. Yet property law is a mere shadow of its former lf, legal speaking. In fact, one of the major developments in our system, if you take the long view, is the relative decline of real property law. In medieval England, it would have only been a slight exaggeration to say that land law was the law of the land. When Blackstone published his "Commentaries" midway through the eighteenth century, one whole volume was devoted to land law. A modern Blackstone would shrink the topic to a fraction of this bulk -- 5 or 10 percent, at most, of the total law.
Medieval England lived under a feudal system. Power and jurisdiction -- the cornerstones of wealth and position in society were bad on land and land alone. The "lord" was a person who held an estate -- a person with ownership, mastery, control over land. A person without land was a person with no real stake in affairs of state. The c
ommon law, as the royal law courts expounded it had little to say to men and women without land, who were the majority of the English population. In America, at one time, only persons who had interests in land were entitled to vote or hold office. The New York constitution of 1777, for example, restricted the right to vote for state nators to men who owned "freeholds" with $100 or more, free and clear of debt (Article X) all this, of cour, has ended; land is only one form of wealth. A great and powerful family is one that controls mighty enterpris, rather than one that rules vast estates.
Property law still covers a rich and varied group of subject. To begin with, it asks. What does it mean to "own" land? How can I get title to land and how can I dispo of it legally? There are issues about deeds, joint ownership, and land records and registration; and problems of land finance, including rules about mortgages and foreclosures. There is the law of "nuisance", which restricts me from using my land in such a way as to hurt my neighbors, pouring smoke or nding bad smells onto his land, for example. There are the law of "eaments" and the exotic law of "covenan
ts" (especially tho that "run with the land"): the deal with rights a person might have in his neighbor’s land -- rights to drive a car up his driveway, to walk across his lawn, or to keep him from taking in boarders. The are not rights of ownership; rather they are "rvitudes" -- restrictions or exceptions to the owner’s rights, in favor of tho another.
The common law was ingenious in carving up rights to land into various complex gments called "estates"。 The could be either time gments or space gments. A "life estate" (my right to live in a certain hou, for example, until I die), is a time gment; so is a three-year lea of a farm or apartment hou. Space gments include air rights (the right to build on top of certain property) and mineral rights (the right to dig underneath it)。 Nowadays, the condominium is also popular; I can own a slice of some building thirty stories above the ground. The common law was also quite ingenious in devising forms of common or joint ownership, with subtle technical differences between them.
门的英文单词
There are also all sorts of "future interests" known to the common law. Suppo I leave my hou to my sister for life, and then to any of her children who might be alive when she dies. The children have a future interest; that is, the time they will get the hou is postponed to some far-off date. But the future event is certain to happen, and thus the future interest can have value and reality now, while my sister is very much alive. The law of future interests developed in a most gnarled and complicated way. Its intricacies drove generations of law students to despair.
Another important, fairly new, branch of property law is the law of "land u controls"。 It deals with the limit impod on what people can do with their property. This was an issue in the law of nuisance, but modern controls go far beyond this. Zoning is a familiar type of land u restriction. Zoning ordinances date from about the time of the First World War; they are now almost universal in cities and villages. Zoning ordinances divide towns into zones designated for different us. If my neighborhood is "zoned" residential, I cannot build a factory or run a restaurant on my property. If the zone is restricted to single-family dwellings, I cannot even run a rooming hou or rent out apart
ments.
译文
旧的英美法最杰出的部分是对不动产的规定,而且其关键是区别了不动产与动产。总的说来,不动产是指房地产--土地和建筑物,但它也包括诸如正在生长的农作物之类的东西。其余的东西--金钱、股票和债券、珠宝、汽车、货车所载的木材、借据、银行存款--是动产。在房产方面我们有共同利益,因为我们都住在某个地方,我们也在某地工作、学习和旅游。每个人都是出租人或所有人,或与出租人、所有人住在一起。但是对我们大多数人来说,动产和不动产是两回事。虽然看上去有点怪,但就法律而言,单词"财产"主要是指不动产,动产是次要的。