The term animus revertendi is a Latin phrase that means "with intention to return". [1]
It can refer to an animal that is under the care of another, which distinguishes it from an animal ferae naturae (wild beast). It is a type of ownership right recognized by property law. This legal concept also supports the intent of a candidate not to abandon one's residence due to work or study.[ citation needed ] The legal residence is protected by this legal concept, as in the case of former White House Chief of Staff Rahm Emanuel's candidacy for Mayor of Chicago.
The concept was originally created to protect the rights of livestock holders that had free ranging animals. Without the recognition of animus revertendi, any animal that strayed away from the owner's property onto public land could be killed and taken without any compensation to the original caretaker. It takes a lot of time and effort to raise and feed a beast. By recognizing that the caretaker has rights, it promotes the care and feeding of animals, especially for human consumption, creates incentive to produce by eliminating the free rider problem. It may also be applied to pets.
Fair notice of animus revertendi must be given, otherwise the right will not be recognized. The honest mistake of another in the absence of any fair notice will allow another party to claim the animal as his own.
In the absence of prior knowledge of ownership, one or more of these (or other) factors by itself or in combination with another could be used to determine if a reasonable person would have believed animus revertendi existed.
Anarcho-capitalism is a political philosophy and economic theory that advocates the elimination of centralized states in favor of self-ownership, private property and free markets. Anarcho-capitalists hold that in the absence of statute, society tends to contractually self-regulate and civilize through the spontaneous and organic discipline of the free market which they describe as a voluntary society. Anarcho-capitalists support wage labour as a "voluntary trade" and believe that neither protection of person and property nor victim compensation requires a state.
Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
In law, possession is the control a person intentionally exercises toward a thing. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property. Like ownership, the possession of anything is commonly regulated by country under property law.
Ownership is the state or fact of exclusive rights and control over property, which may be any asset, including an object, land or real estate, or intellectual property. Ownership involves multiple rights, collectively referred to as title, which may be separated and held by different parties.
In property law, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information.
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership. The owner giving up custody is the "bailor" and person who takes is "bailee". The bailee holds the personal property in trust for a specific purpose and delivers the property back to the bailor when the purpose is accomplished.
Animus may refer to:
A branding iron is used for branding, pressing a heated metal shape against an object or livestock with the intention of leaving an identifying mark.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
In common law systems, land tenure is the legal regime in which land is owned by an individual, who is said to "hold" the land. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal customs. In other words, land tenure system implies a system according to which land is held by an individual or the actual tiller of the land. It determines the owners rights and responsibilities in connection with their holding. The French verb "tenir" means "to hold" and "tenant" is the present participle of "tenir". The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants. Tenure signifies the relationship between tenant and lord, not the relationship between tenant and land. Over history, many different forms of land ownership, i.e., ways of owning land, have been established.
Usufruct is a limited real right found in civil-law and mixed jurisdictions that unites the two property interests of usus and fructus:
Livestock branding is a technique for marking livestock so as to identify the owner. Originally, livestock branding only referred to hot branding large stock with a branding iron, though the term now includes alternative techniques. Other forms of livestock identification include freeze branding, inner lip or ear tattoos, earmarking, ear tagging, and radio-frequency identification (RFID), tagging with a microchip implant. The semi-permanent paint markings used to identify sheep are called a paint or colour brand. In the American West, branding evolved into a complex marking system still in use today.
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies.
A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos.
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana.
Right of way is "the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another", or "a path or thoroughfare subject to such a right". This article is mainly about access by foot, by bicycle, horseback, or along a waterway, and Right-of-way (transportation) focusses on highways, railways, pipelines, etc. A footpath is a right of way that can only be used by pedestrians.
In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Where there are "open range" laws, those wanting to keep animals off their property must erect a fence to keep animals out; this applies to public roads as well. Land in open range that is designated as part of a "herd district" reverses liabilities, requiring an animal's owner to fence it in or otherwise keep it on the person's own property. Most eastern states and jurisdictions in Canada require owners to fence in or herd their livestock.
In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property was, and continues to be, all property that is not real property.
Property lawin the United States is the area of law that governs the various forms of ownership in real property and personal property, including intangible property such as intellectual property. Property refers to legally protected claims to resources, such as land and personal property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it.
Animus is a Law Latin term used in a variety of contexts to designate the motivations of a legal person.