Monday, October 15, 2007

Bleg: Classic Incidents of Property Ownership

We often speak of the four classic incidents of property ownership:  the rights to exclude, use, possess, and alienate.  I have limited research access at the moment, and was wondering about the origins and/or classic statements of this conception of property.  Can anyone point me in the right direction?


Ben Barros

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I believe the property rights of usus (use), fructus (enjoyment) and abusus (alienation) have traditionally been associated with Roman definition of Dominion. I think Shael Herman published a piece in the early eighties in the U. Ill. L. Rev. describing the French sources of this origin the Louisiana Civil Code and another on Roman sources in the Mid 1990's in the LSU Law Review. I have both of them somewhere and will dig them up and send you an email.

Posted by: Marc | Oct 17, 2007 8:59:07 AM

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