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Concept of Ownership : A Critical Analysis

By Kunal Chatterji

Published In

Air 2004

Introduction The concept of ownership is one of the fundamental juristic concepts common to all systems of law. It is of both legal and social interest in nature. Not only the Courts utilized the idea in such a way as to give effect to views of changing individual and social interest, but so great are it’s potentialities that in recent times it has become the focus of Government policy. Ownership consists of an innumerable number of claims, liberties, powers and immunities with regard to the thing owned. According to some jurist a person owns a house means he has just those claims in respect of it. According to them there is no point in having the concept of ownership without these claims. Though may jurists do not agree with this view, according to them it is undesirable to have this concept of ownership only linked with certain claims. It is also been said that a person may part with the claims etc. to a greater extent, while retaining the ....

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