Ownership Right – The Combined Form of Personal Right and Real Right

The ownership right plays major role in business world. You have purchased a car and this car is yours. That means you have got the ownership right from the seller who has sold the vehicle for money. The same way, in trade and commerce, the ownership right works much better way to give the opportunity to the owner to possess the property. Now the act of ownership is very vital in the case of tackling the taxation of liability and alienating the assets.

To be frank, to establish the ownership right there is the requirement of making the contractual agreement, legal documents and other important papers. A contract will be signed up between the buyer and the seller who will be unanimously agreed to make the transaction following the terms and conditions. Both parties will be agreed to follow the legal guidelines to get locked into the agreement so far as the transfer of the ownership of the property is concerned.

In this case, you will observe that there are many countries which have accepted the legal concept of Roman Civil law. The ownership laws are set up imitating the principles and guidelines of Roman jurisdiction. For instance you can come into contact with jus in rem which is Roman legal jargon. Jus in rem is meant for real right. A real right is a type of legal permission in a tangible or intangible property. It can be contrasted with personal right.

There is the wide difference between the real right and the personal right. Suppose you have faced the financial crunch and you are bankrupt for the non payment of overdue within the specific time limit, creditors can confiscate your property by blocking all your personal rights over your assets. You will have no power or legal right to possess the assets. On the other hand, real right is quite different. It recognizes the ownership right overlooking the expiry of the owner, liquidation, insolvency and other factors. Read the rest of this entry »

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A Primer on Police Misconduct

Police officers are considered to be vanguards of a city’s law and order. They are trained, appointed, and funded by the government to protect citizens from all forms of misconduct, violence, and crime. The most controversial aspect of their responsibilities is the authority to use force. They may use force to control and disperse a crowd, make an arrest, or perform other daily routines for surveillance. However this authority to use force should only be used within the boundaries necessary to resolve a certain disorder, other than that it attracts the attention of the public, the government, and the media as another case of police misconduct.

Police misconduct has attracted the media’s attention for various reasons. One camp says that what has been reported on the news is just the tip of the iceberg. Another group says that reports of police misconduct have been blown out of proportion. Some observers note that there are multiple instances when the police have successfully resolved operations without using excessive force and thus should merit a form of recognition. However amidst different viewpoints, one thing remains true. Police misconduct has tarnished the police’s reputation and most importantly the public’s trust.

Here are some examples of police misconduct that we should all be aware of.

Police Brutality

It has been mentioned before that the police are only allowed to use force when necessary, apart from that, abuse of power happens if they intentionally use excessive force through unreasonable physical and verbal assaults. A common instance is when a police officer beats up a suspect without any valid reason. What is interesting to note is that the usual victims belong to minority groups such as Blacks, the poor, and the young people. According to recent reports by Amnesty International and Human Rights Watch, police brutality is common in US prison. According to a 2006 report by the Human Rights Watch, five state prison systems allow the use of unmuzzled dogs on prisoners as part of cell removal procedure. Read the rest of this entry »

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