Define ownership in jurisprudence. Various Jurists on ownership!

Define Ownership in Jurisprudence.

Ownership, in jurisprudence, refers to the exclusive legal right to possess, use, enjoy, and dispose of a property. It signifies a relationship between a person (owner) and an object (property), granting the owner the full spectrum of rights over it, subject to legal restrictions.

Ownership is a complex juristic concept which has its origin in the Ancient Roman Law.
In Roman law ownership and possession were respectively termed as ‘dominium’ and ‘possessio’.
The term dominium denotes absolute right to a thing while possessio implied only physical control over it.
It is absolute right over a thing.
Jurists have defined ownership in different ways. All of them accept the right of ownership as the complete or supreme right that can be exercised over anything.
Ownership is a fundamental legal concept that governs property rights and plays a crucial role in property law, contracts, and inheritance laws.

Definition of Ownership given by various jurists:

Here are the definitions of ownership as given by various jurists in jurisprudence:

1. Austin’s Definition

John Austin defined ownership as:
“A right indefinite in point of user, unrestricted in point of disposition, and unlimited in point of duration.”

This means the owner has complete and absolute rights over a property.
The right is indefinite because there are no fixed limitations on its use.
It is unrestricted in terms of transfer or disposal.
It is unlimited in duration, meaning ownership continues indefinitely unless lawfully terminated.

2. Salmond’s Definition

Salmond defines ownership as:
“Ownership in its most comprehensive signification denotes the relation between a person and any right that is vested in him.”

He views ownership as a bundle of rights that includes possession, enjoyment, and disposal.
Ownership can be over both corporeal (physical) and incorporeal (intangible) property.

3. Holland’s Definition

Sir Thomas Erskine Holland defines ownership as:
“Ownership is a plenary control over a thing.”

“Plenary” means full or absolute control.
He emphasizes dominion over the property and the right to use, enjoy, and dispose of it.

4. Pollock’s Definition

Sir Frederick Pollock defines ownership as:
“Ownership is the entirety of the powers of use and disposal allowed by law.”

He highlights that ownership is subject to legal restrictions.
It is the highest degree of control a person can have over a thing.

5. Hibbert’s Definition

Hibbert states:
“Ownership involves three rights: the right of use, the right of exclusion, and the right of disposition.”

The right of use allows the owner to enjoy the property.
The right of exclusion allows the owner to prevent others from interfering.
The right of disposition allows the owner to transfer or destroy the property.

6. Maitland’s Definition

F.W. Maitland defines ownership as:
“Ownership means complete control over an object.”

Similar to Holland, Maitland focuses on absolute control over a property.
This includes possession, use, and transferability.

7. Duguit’s Definition

Leon Duguit, a sociological jurist, criticizes absolute ownership and states:
“Ownership is not a right but a social function.”

He emphasizes the social responsibility of ownership.
The owner must use property in a way that benefits society.

8. Bentham’s Definition

Jeremy Bentham states:
“Property is nothing but a basis of expectation… it is a foundation of expectation of deriving certain advantages.”

Ownership is not just physical possession but includes the expectation of benefits from the property.

Modern Law and ownership?

• Original mode • Derivative mode

Derivative Mode:

SUBJECT MATTER OF OWNERSHIP:

Normally ownership implies the following:

The right to manage
The right to posses
The right to manage
The right to capital
The right to the income

Original mode

The original mode is the result of some independence personal act of the acquire himself.
Absolute when a ownership is acquired by over previously ownerless object.
Extinctive, which is where there is extinctive of previous ownership by an independence adverse act on the part of the acquiring. This is how a right of easement is acquiring after passage of time prescribed by law.
Accessory that is when requisition of ownership is the result of accession.

Conclusion

Most jurists define ownership as a set of rights, including possession, use, and transferability.
Austin, Holland, and Maitland focus on absolute control.
Salmond and Pollock highlight the bundle of rights approach.
Duguit presents a social responsibility perspective.

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