مالکیت

1 general:: possession

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2 general:: title

شبکه مترجمین ایران

3 law:: Ownership

شبکه مترجمین ایران

4 Law:: property : The term is said to extend to every species of valuable right and interest. More specifically, ownership; the unrestricted and exclusive right to a thing; the right to dispose of a thing in every legal way, to possess it, (ie تصرف) to use it, and to exclude everyone else from interfering with it… Term includes not only ownership and possession but also the right of use and enjoyment for lawful purposes – HCB (excerpt).

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5 Law:: ownership : The collection of rights allowing one to use and enjoy property, including the right to convey it to others; ownership implies the right to possess (ie تصرف) a thing, regardless of any actual or constructive control. – B – The right to the exclusive enjoyment of a thing. It may be absolute, in which case the owner may freely uyse or dispose of his property, or restricted, as in the case of joint ownership. Beneficial ownership (ie مالكيت منافع) is the right of enjoyment of property, and distinguished from legal ownership. JBS

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6 Law:: title : The union of all elements (as ownership; possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person and some object of property (no one has title to that landn. B, (excerpt)

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7 Law:: possession : 1. The fact of having or holding property in one’s power; the exercise of dominion over property. 2. The right under which one may exercise control over something to the exclusion of all others. B

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8 Law:: actual possession, and possession in law (Possession – 1. When a man actually enters into lands and tenements. This is called actual possession, in Persian properly تصرف. 2. When land and tenements descend to a man, and he has not yet entered into them. This is called possession in law – JBS.

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9 Law:: seisin : Possession of a freehold estate in land; ownership. – Also spelled seizin. This may be in any of the styles : a : seisin in deed : Actual possession of a freehold estate in land, by oneself or by one’s tenant or agent. – Also termed seisin in fact; actual seisin b : seisin in law : The right to immediate possession of a freehold estate in land, as when an heir inherits land but has not yet entered it. B

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10 Law:: proprietorship : (1) a : The state or fact of being a proprietor : ownership b : an exclusive legal right for a definite or indefinite time to the profitable use of a corporeal or incorporeal property upon agreed terms (proprietorship of a drug productu (proprietorship of a copyrightp (2) : a holding in land (numerous small pleasant proprietorshipss

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11 Law:: estate : 1. (English) All that a person owns, including both heritable and movable property. 2. The degree, quantity, or nature of a person’s rights in property, esp in land, the following (excerpts from B) being some styles of property or interest therein (N.B. Some of the following types of estate (ie ‘property’ or ‘ownership of landed property’) have never exited, and do not now exist, in the Iranian system of property law or in the canonical system) : ● absolute estate : A full and complete estate that cannot be defeated. ● ancestral estate : An estate that is acquired by descent or by operation of law with no other consideration than that of blood. ● concurrent state : Ownership or possession of property by two or more persons at the same time, such as a tenancy in common or a joint tenancy. – Also termed concurrent interest. ● contingent estate : a. An estate that depends for its effect on an event that may or may not happen. b. An estate that is conditioned on the existence of a person who answers the description of the taker but who cannot be ascertained until the termination of a preceding or particular estate. ● decedent’s estate. The real and personal property that a person possesses at the time of death and that descends to the heirs subject to the payment of debts and claims. ● dominant estate : An estate benefiting from an easement. – Also termed dominant tenements. Cf. servient estate below. ● equitable estate : An estate recognized in equity, such as a trust beneficiary’s interests. ● estate at sufferance or tenancy at sufferance : A tenancy in which a person takes lawful possession of the property but then wrongfully remains as a holdover after his or her interest is terminated. – Also termed holdover tenancy. ● estate at will or tenancy at will : A tenancy in which the tenant holds possession with the landlord’s consent but without fixed terms (as for duration or rent) : such tenancy may be terminated by either party upon fair notice. – Also termed at-will-tenancy ● estate by curtesy : An estate owned by a wife to which the husband is entitled upon death ● estate by entireties or tenancy by the entireties : A joint tenancy between husband and wife, arising when a single instrument conveys realty to the husband and wife but nothing is said in the deed or will about the character of their ownership; this type of tenancy exists in only a few common-law states. – Also termed tenancy by the entirety; estate by the entirety. ● estate for years or tenancy for a term : A tenancy whose duration is known in years, weeks, or days from the moment of its creation. –Also termed tenancy for a period; tenancy for years; term for years; term of years; estate for a term; estate for years. ● estate in reversion : A future interest in land arising by operation of law whenever an estate owner grants to another a particular estate or a term of years, but does not dispose of the entire interest; a reversion occurs automatically upon termination of the prior estate, such as when a life tenant dies. –Also termed reversionary estate. ● estate on limitation : An estate that automatically reverts back to the grantor according to a provision, usu regarding the passage of a determined time period, designated by words like “during,” “while,” and “so long as.” ● estate tail or fee tail : An estate that is inheritable only by specified descendants of the original grantee, and that endures until its current holder dies without issue (eg, “to Albert and the heirs of his body”); most jurisdictions (in the United States) – except Delaware, Maine, Massachusetts, and Rhode Island – have abolished the fee tail. – Also termed – entailed estate; and tenancy in tail.

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12 Law:: freehold : 1. A possessory estate held in fee simple, in fee tail, or for term of life. 2. The tenure by which such an estate is held. –Also termed freehold estate; freehold interest. Cf. leasehold (Freehold, or Frank tenementi (Lat. Liberum tenementum), is that land or tenement which a man holds in fee, fee tail, or at the least for term of life. It is said that freehold is of two sorts, freehold in deed and freehold in law. Freehold in deed is the real possession of land or tenements in free, fee tail, or for life; and freehold in law is the right that a man has to such tenements before entry… The term freehold is used (1) in opposition to leasehold, ie to indicate estate; (2) in opposition to copyhold, ie to indicate tenure. – JBS (Guild church – Certain churches have been established in the City of London as guild churches, with the primary purpose of serving the non-resident day-time population of the City. Such churches are free from the normal jurisdiction and control of incumbent, churchwardens and parochial church council, and their freeholds vest in the Bishop of London. JBSc

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13 Law:: individual ownership, individual proprietorship, sole proprietorship (ie مالكيت انفرادي and مالكيت انحصاري and شركت يك نفره يا انفرادي) : A form of business in which one person owns all the assets of the business in contrast to a partnership, trust or corporation. The sole proprietor is solely liable for all the debts of the business. HCB

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14 Law:: demesne : At common law, land held in one’s own right, and not through a superior – مالكيت آتي future possession

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