Universidade Federal do Rio Grande do Sul
Question
Asked 5th Dec, 2012
How we can fictionalize the ownership of an individual to the property to which the state is the ultimate owner?
There can be one owner to the property. The ownership should provide the absolute right. But ones ownership is subject to payment of revenue and other restrictions of the state.
Most recent answer
I do understand, we have got the same doctrine on environment into continental system. State is not the ultimate owner, then, but it must deffend such resources as they were its own. There is a great production on this theme in Italy and Brazil.
All Answers (9)
Vivekananda Law College,Puttur, DK, Karnataka, India
Definition for ownership: The ultimate and exclusive right conferred by a lawful claim or title, and subject to certain restrictions to enjoy, occupy, possess, rent, sell, use, give away, or even destroy an item of property.
Vivekananda Law College,Puttur, DK, Karnataka, India
By such legal fiction, in modern days, people thinking in a different way and they utilizing the property with a self-interest and expecting immediate benefit. Long-run benefit and common interest are completely marginalized causing pollution to land, water, environment, etc. If the landed property is visualized as Absolute Private property then the question arises that 'whether people would harm their land?'. I think they would not.
South Asian University
Refer two issues - the SC judgment in the spectrum case and the exercise of eminent domain powers by the state to privatise waterways, especially the shivvnath river exclusive usage in Madhya Pradesh
1 Recommendation
University of Amsterdam
One can possess certain property without owning it. It comes very close to ownership, when he also gets the right to sell the right of possession to others.
University of Amsterdam
please explain. I am not a lawyer and not very familiar with legalistic terminology.
Universidade Federal do Rio Grande do Sul
Well, I am a lawyer, but terminology into continental system (Civil Law), followed by countries like France, Germany, Austria, Italy, Spain, Portugal, and all Latin America, is quite different of the one adopted into Common Law, followed by United States of America, United Kingdom, Japan, India. What does "public trust doctrine" mean, please?
South Asian University
Public trust refers to common ownership of resources, and by derivation, the utilization of such resources is to be based on the value it creates for larger co munity than the utility they hold for individuals or groups. Often applied in many common law countries, this doctrine has largely been used to answer the community needs, founded on the larger idea that resources belong to everyone and the State is exercising its power of holding them for the community.
