Property rights and contractual rights
Posted on:4/8/2006
| Property rights are rights over things enforceable against other persons. By contrast, contractual rights, are rights enforceable against particular persons. |
Property rights are rights over things enforceable against other persons. By contrast, contractual rights, are rights enforceable against particular persons. Property rights, however, may arise from a contract, so there is an overlap between the two systems of rights. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the personal right to sue for damages on the contract, and the proprietary right exercisable over the thing.
A separate distinction is evident where rights granted are insufficiently substantial to confer on the non-owner a definable interest right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to proprietary interests.
All text is available under the terms of the GNU Free Documentation License (see Copyrights for details).