The Object of Right

The object of a right, which is the subject or entity that an individual is entitled to have or utilize, serves as the central focus of that right, identifying the specific entity to which the right applies. For example, when someone has the right to use a car, the car becomes the object of their right. The user of such a right is the person who holds legal possession or authority over this object. Thus, a clear distinction exists between the object and the content of the right(Shihabi, 2016, p. 90)

Jurisprudence tends to categorize things into various divisions based on the criteria used in this classification, as follows:

1. Movable and immovable things.

2. Consumable and usable things.

3. public and private things.

4.1 Real Property and Movable Property

Articles 101 and 102 of the UAE Civil Transactions Code clearly distinguish between real and movable property when classifying objects of rights.

Article 101: Anything of a permanently fixed nature and which cannot be removed without damaging or altering its surroundings shall be regarded as real property. Everything else shall be regarded as movable property.

Article 102: Real property by allocation (i.e. intended to serve as part of the real property) is movable property placed by an owner in real property of his, with the intent of its being used or exploited, even though
not (permanently) fixed to the real property.

4.1.1 Real Properties

Article 101 defines real property as any item permanently affixed to a specific location and cannot be relocated without suffering damage or alteration to its form. Notably, the legislator has deliberately confined this definition to real property, classifying all other items as movable, thus ensuring the breadth and adaptability of the definition to encompass potential future assets.

Fundamentally, this definition encompasses anything distinguished by its stability and immovability, whether from inherent characteristics or human craftsmanship. Real property encompasses land, buildings, and trees firmly anchored to the ground. Conversely, movables comprise objects that can be relocated and transferred without altering their form or appearance, such as cars, mobile phones, and computers. In contrast, structures designed for transportation without damage, typically mounted on wheels, are classified as movables. Similarly, trees not rooted in the ground but maintained in specially designated pots are also considered movables (Sarhan et al., 2018, p. 243).

Furthermore, Article 102 stipulates that movable property designated for the service of real properties adopts the legal status of real property in transactions when owned by the same person (a concept known as Real Property by Allocation). This concept applies to scenarios such as school benches

situated in classrooms, sheep intended for agricultural purposes, and water tanks designated to supply water to the estate's residents.

Real Property by Allocation returns to its original classification as movable property once its designation for property service or utilization concludes, subject to the legal provisions applicable to movables (Al-Sarhan, 2018, p. 216-217).

The criteria for determining whether something qualifies as Real Property by Allocation are as follows: i. It has inherent movability, for instance, an elevator installed by the property owner to serve the property, as it should not be deemed an integral part of the property's composition. In contrast, items like doors and windows permanently affixed to the building have become integral components of the property and cannot be considered Real Property by Allocation. On the other hand, home furniture is classified as Real Property by Allocation as long as it is included in the property's composition and

cannot be used separately.

1. It is designated to serve the real property.

2. The owner of the property must be the same as the owner of the movable property. Consequently, home furniture can be categorized as Real Property by Allocation if it belongs to the property owner. However, if the tenant owns this furniture, it does not fall under the classification of Real Property by Allocation.

4.1.2 Movable Properties

Movable objects encompass everything that doesn't qualify as real property, indicating any item not permanently affixed in place and capable of relocation without causing damage.

4.2 Consumable and Usable Things

This classification is contingent on how the use of an item affects it. If the object cannot be reused because it is either consumed or undergoes a change from its initial use, it falls into the category of consumable items. These include food, drinks, fuel, and money, which are used up in the process, and ownership is transferred from one person to another. On the other hand, durable objects can be reused multiple times without being consumed or significantly altered upon initial use. Even if repeated use results in wear and tear or decreases value, they are categorized as such. Examples encompass clothing, vehicles, and electrical tools (Sarhan et al., 2018, p. 239).

The definitions of consumable and durable items are outlined in Article 100 of the UAE Civil Transactions Code.

Article 100
(1) Consumable things are those the nature of which cannot be enjoyed save by consuming or spending them.
(2) Usable things (durables) are those which can only be enjoyed by repeated use, they retaining their specific identity.

To ascertain whether an item is consumable, one shall examine its initial use's impact on its inherent nature. If the item deteriorates or becomes unusable after its first use, implying that it can only be

employed once, it falls into the consumable category. For instance, food is a prime example, as it cannot be used more than once due to its deterioration upon initial consumption.
Conversely, if the initial use of the item does not deplete its material or render it unusable, it is considered non-consumable. This category includes items like books, clothing, and household goods.

4.3 Public and Private Things

Article 103 of the UAE Civil Transactions Code delineates a clear distinction between items of public and private nature.

Article 103
(1) All real property or movables owned by the State or public juridical persons, allocated in fact or in law for the public benefit, shall be deemed to be public property.
(2) In no circumstances may such property be disposed of or distrained (attached) or pass into (private) ownership by effluxion of time.

Public things are those owned by the state or government bodies, such as governorates, cities, villages, universities, and public institutions. These can be real estates, like streets, bridges, railways, public hospitals, and government schools, or movable items, like furniture and tools, in government institutions. For a thing to be considered public, two conditions must be met (Al-Sarhan, 2018, p. 213).

1. The state or a government entity must own it.

2. It should be intended for public benefit. Public benefit is achieved by making these things

   accessible without requiring a specific law, decree, decision, or allocation.

If both of these conditions are met, the thing is considered public; otherwise, it is considered private.

Private things are those owned by individuals or potentially owned by individuals. This category includes objects owned by the state or its branches that are not intended for public benefit, such as agricultural land owned by the state, which can be used for private farms without being designated for public use.