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The Institution of Property : Legally, Historically and Philosophically Regarded
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The Institution of Property : Legally, Historically and Philosophically Regarded

by R.S. Bhalla
Edition: 1984 Edition
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Product Details:

Format: Paperback
Pages: 216 pages
Publisher: Eastern Book Company
Language: English
ISBN: 9788170121220
Dimensions: 24.2 CM X 1.25 CM X 16 CM
Publisher Code: BA/122
Date Added: 2008-08-05
Search Category: Textbooks
Jurisdiction: Indian

Overview:

This is an authoritative, in-depth and comprehensive study of the Institution of Property and the varying forms that it has taken during the course of development. The author traces the changes that the concept has undergone since the earliest time legally, historically and philosophically.

The concept of property has undergone a drastic change at the hands of the Indian Legislature and judiciary and this timely study becomes especially relevant in the Indian context.

The book is bound to be of special interest to judges, lawyers, legislators, teachers and students of law.

Reviews

  • The work on the whole is well written and well organised with collection of good ideas. - Kerala Law Times
  • The Bench, the Bar, the Revenue authorities, students of property law can find the book very informative. - Cuttack Law Times
  • The book is a good statement of the discussion that has gone on before in the area selected for study. - Malaya Law Review
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Table Of Contents:

                   PREFACE V
                   INTRODUCTION IX

CHAPTER I : PART I : STRUCTURAL ANALYSIS OF THE INSTITUTION OF PROPERTY & RELATED PROBLEMS
                   Structural Analysis of the Institution of Property 1
                   Legal Concept of Property: whether a Single Right or a Bundle of Rights 7
                   Property: whether Relation between a Person and a Thing or
                   Relation between a Person and other Persons with reference
                   to a thing? 13
                   How to find an Owner when two or more persons have a Right in Rem
                   over the Res. 18
                   The distinction between Property and Personal Rights 21
                   What is a Thing? 25
                   Property: a Socio-Legal Institution 35
                   Property based on Legal Recognition 38
                   Property based on Economic Conditions 41
                   Instinctive basis of Property 42

CHAPTER II : PART II : EARLY FORMS OF THE INSTITUTION
OF PROPERTY
                   Property in Moveable Things 48
                   Property in Immoveable Things 52
                   Movement towards Disintegration of Common Property and the
                   Rise of Private Property 61

CHAPTER III : DEVELOPMENT OF THE CONCEPT OF PROPERTY AND RELATED PROBLEMS
                   The Rise, Development, and Recognition of the Monetary Criterion
                   as a Basis of Ownership through Courts and Juristic Writings 83
                   Criticism of Monetary Criterion as a Basis of Ownership 96

CHAPTER IV : PART III : JUSTIFICATION OF PRIVATE PROPERTY
                   The Social Context 106
                   Occupation Theory 113
                   Contractarian Theory 116
                   Property as the Fruit of Labour 118
                   Utilitarianism-Expedience and Security of Possessions 124

CHAPTER V : THE SOCIALIST CRITIQUE OF PRIVATE PROPERTY
                   Property in Socialist thought 139
                   Incentive Theory of Production 158

CHAPTER VI : THE MOVEMENT TOWARDS A SOCIALISED CONCEPTION OF PROPERTY
                   Duguit 181
                   Renner 184
                   Berle and Means 188
                   Conclusion on the Socialisation of Property 189
CHAPTER VII : CONCLUSION
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