Immunity Restatement of the Law
An immunity, as the word is used in this Restatement, is a freedom on the part of one person against having a given legal relation altered by a given act or omission to act on the part of another person.
An immunity, as the word is used in this Restatement, is a freedom on the part of one person against having a given legal relation altered by a given act or omission to act on the part of another person.
A power, as the word is used in this Restatement, is an ability on the part of a person to produce a change in a given legal relation by doing or not doing a given act. Read the rest of this entry »
A privilege, as the word is used in this Restatement, is a legal freedom on the part of one person as against another to do a given act or a legal freedom not to do a given act.
A right, as the word is used in this Restatement, is a legally enforceable claim of one person against another, that the other shall do a given act or shall not do a given act.
The word “property” is used sometimes to denote the thing with respect to which legal relations between persons exist and sometimes to denote the legal relations. The former of these two usages is illustrated in the expressions “the property abuts on the highway” and “the property was destroyed by fire.” This usage does not occur in this Restatement. When it is desired to indicate the thing with regard to which legal relations exist, it will be referred to either specifically as “the land,” “the automobile,” “the share of stock,” or, generically, as “the subject matter of property” or “the thing.” Read the rest of this entry »
The law of Property constitutes a substantial fraction of all American law. A Restatement of it, in its entirety, would require a considerable series of volumes and many more years of work than have yet been found feasible in the planning of a balanced program for the American Law Institute. The parts of the law of Property thus far designated for restatement have been selected either because they are of underlying and widely pervasive importance throughout the entire Subject or because they are aspects of the Subject in which the clarifying and simplifying process of restatement is particularly needed. Read the rest of this entry »