物权法外文翻译.docx

附 录AProperty LawProperty Law The popular notion of property as something owned encourages the conception of property rights as absolute and indefeasible, but property in the legal sense is more accurately regarded as the aggregate of legal rights of individuals with respect to objects and obligations owed to them by others and guaranteed and protected by government. Ownership of property is classified as private (property owned by an individual or individuals) or public (property owned by some form of government unit).Property law is also classified under COMMON LAW, as real or personal. Real property (or realty) is land, any buildings on that land, any mineral rights under the land, and anything that is attached to the land or buildings that can be considered permanently attached. Personal property (sometimes known as chattels) includes any property that is not real property. The dichotomy between real and personal property derives from early English law, under which property was considered real if the courts could restore to the dispossessed owner the thing itself rather than simply awarding damages as compensation for its loss.Origin and Development of Canadian Property LawProperty law, for all common law provinces, originated in England. The laws were established at various times, eg, in Nova Scotia and (including what later became) New Brunswick in 1758, PEI in 1763, Upper Canada [Ontario] in 1792, Newfoundland in 1832, BC in 1858 and the North-West [later the 3 Prairie provinces] in 1870. The Constitution Act, 1867, allocated legislative power over property and civil rights to the provinces. Thus general property law, including succession law and matrimonial property law,may only be enacted by the provincial legislatures. However, certain kinds of property (eg, bills of exchange and promissory notes, patents, copyrights and interest for the use of money) are within federal legislative competence. Parliament may incidentally affect property rights through legi