 | This article appears to be a dictionary definition .(May 2023) |
| Property law |
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| Part of the common law series |
| Types |
| Acquisition |
| Estates in land |
| Conveyancing |
| Future use control |
| Nonpossessory interest |
| Related topics |
| Other common law areas |
Higher category: Law and Common law |
A straw man is a figure not intended to have a genuine beneficial interest in a property, to whom such property is nevertheless conveyed in order to facilitate a transaction. [1] [2]
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights.
Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches.
The right of self-defense is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including – in certain circumstances – the use of deadly force.
Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from collective or cooperative property, which is owned by one or more non-governmental entities.
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. Hypothec is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien.
Critical legal studies (CLS) is a school of critical theory that developed in the United States during the 1970s. CLS adherents claim that laws are devised to maintain the status quo of society and thereby codify its biases against marginalized groups.
Libertarian theories of law build upon classical liberal and individualist doctrines.
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director, George Stigler, and Ronald Coase. The field uses economics concepts to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules will be promulgated. There are two major branches of law and economics; one based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and a second branch which focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance.
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.
Critical race theory (CRT) is an interdisciplinary academic field devoted to analysing how laws, social and political movements, and media shape, and are shaped by, social conceptions of race and ethnicity. CRT also considers racism to be systemic in various laws and rules, and not only based on individuals' prejudices. The word critical in the name is an academic reference to critical thinking, critical theory, and scholarly criticism, rather than criticizing or blaming individuals.
The right to property, or the right to own property, is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons and where it is used for production rather than consumption. The Fourth Amendment to the United States Constitution is credited as a significant precedent for the legal protection of individual property rights.
The law of Germany, that being the modern German legal system, is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code were developed prior to the 1949 constitution. It is composed of public law, which regulates the relations between a citizen/person and the state or two bodies of the state, and the private law, (Privatrecht) which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code.
A straw man is a form of argument and an informal fallacy.
A straw owner is a person who owns property legally or has the legal appearance of owning something but does so on behalf of another, sometimes for a fee, and typically solely to hide the identity of the effective owner. Most instances of straw ownership are legal, but the arrangement is sometimes made for nefarious, illegal purposes.
The redemption movement is a debt-resistance movement and fraud scheme which is primarily active in the United States and Canada. The group alleges that a secret fund is created for every citizen at birth and that a procedure exists to "redeem" or reclaim this fund to pay bills, forming a foundational section of the pseudolaw movement. Common redemption schemes include acceptance for value (A4V), 'Treasury Direct Accounts' (TDA) and secured party creditor "kits," collections of pseudolegal tactics sold to participants despite a complete lack of any actual legal basis. Such tactics are sometimes called "money for nothing" schemes, as their aim is ultimately to extract money from the government by using secret methods. The name of the A4V scheme in particular has become synonymous with the movement as a whole.
The philosophy of copyright considers philosophical issues linked to copyright policy, and other jurisprudential problems that arise in legal systems' interpretation and application of copyright law.
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.
The "first possession" theory of property holds that ownership of something is justified simply by someone seizing it before someone else does. This contrasts with the labor theory of property where something may become property only by applying productive labor to it, i.e. by making something out of the materials of nature.
This is an index of articles in jurisprudence.
The strawman theory is a pseudolegal conspiracy theory originating in the redemption/A4V movement and prevalent in antigovernment and tax protester movements such as sovereign citizens and freemen on the land. The theory holds that an individual has two personas, one of flesh and blood and the other a separate legal personality and that one's legal responsibilities belong to the strawman rather than the physical individual.
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