Right to property

Mohamad Amin, Noor Shuhadawati and Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2022) Right to property. In: Constitutional Law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, Malaysia., pp. 269-297. ISBN 978-967-270-163-7

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Abstract

Property has always been the subject of interest in various fields such as economics and law with different perspective and discussion. In the ancient times, property became the symbol of power through conquering of land and slaves. However, in the modern days, the term changed in line with the humans understanding on the concept of morale where wars and slaves are no longer considered as property. Having that said, the definition of property itself is rather complex although the term may sometimes interchangeably refers to ownership or possession. Historically, this term was known as “proprietas” which derived from the Latin word “properietate” which means a thing owned. In the United Kingdom, the term was used by the common law judges even before 1280. As the time goes by, the term “propetè” was introduced to refer to land. John Locke was believed to be the first scholar to define the word property although the word may have already existed before any formal definition was accorded to it. Locke’s interesting idea of property to natural law propounded that God vested human with certain basic natural rights such as a right to life, liberty and estate. These rights are known as property. Another renowned scholar to define property is Jeremy Bentham. According to him, property rights is “the idea of property consists in an established expectation; in the persuasion of being able to draw such or such an advantage from the thing possessed, according to the nature of the case”. At present, property can be divided into many types such as corporeal or incorporeal, movable and immovable, personal or public to name a few. Corporeal property refers to while incorporeal property means right of ownership in material of physical things. This type of property can be further divided into two categories; movable and immovable property. Movable property literally means that property the location of which can be changed such as chattels while immovable property as the name suggests, refers to property that cannot be moved from one place to another. Example of this type of property is house and land. Incorporeal property also called as intellectual or conventional property which includes all those valuable interests which are protected by law such as copyright and trademark. This type of property also can be further divided into two namely jura in re propria which refers to over material things (for example patents, copyrights, trademarks and jura in re aliena encumbrances, whether over material or immaterial things such as lease and mortgage.

Item Type:	Book Chapter
Uncontrolled Keywords:	Federal Constitution, Right to Property, Movable Property, Immovable Property.
Subjects:	K Law > K3165 Constitutional Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	13 Mar 2023 14:25
Last Modified:	13 Mar 2023 14:25
URI:	http://irep.iium.edu.my/id/eprint/103967

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