Ownership (Salmond)
Salmond defines ownership as a relationship between a person and a right to have a thing under possession.
- Thing always represents a physical object; right may represent something not in physical existence (e.g., copyright and allowances).
- All rights which are property (whether physical or not) are included in the concept of ownership.
- Ownership is the de jure recognition of a claim (as opposed to possession, which is the de facto recognition).
2. Corporeal vs. Incorporeal Ownership
- Corporeal Ownership: Refers to the ownership of a material/physical object (like a house, car, or land).
- Incorporeal Ownership: Refers to the ownership of immaterial objects that do not have a physical existence (like copyright, patents, or allowances).
Modes of Acquisition of Ownership:
- Original:
- Absolute โ Occupation, Specification
- Extinctive
- Accessory
- Derivative