Classification of Own, Type of Own and Classification of Prop

Classification of Ownership

Based on the Nature of the Property

  • Corporeal Ownership: Refers to ownership related to tangible, material things such as land and goods.

  • Incorporeal Ownership: Refers to ownership concerning intangible, immaterial things such as reputation, goodwill, and copyright.

Based on the Nature of the Owner

  • Sole Ownership: Ownership vested in only one person.

  • Co-Ownership: Ownership shared by more than one person.

Based on Its Legal Circumstances

  • Legal Ownership: Ownership recognized by law, exemplified by the normal sale where ownership is fully transferred to and registered under the new owner's name.

  • Equitable Ownership: Ownership recognized by equity; for example, in a sale involving installments where ownership transfers only after the last payment. Also seen in mortgages where legal registration is not completed yet.

Based on Its Conditions

  • Vested Ownership: A person is a vested owner if the title to the property is perfect. For instance, if Purchaser B pays the entire sale amount, and Seller A transfers the title in B's favor, B is the vested owner.

  • Contingent Ownership: Ownership with an incomplete title that can become perfect on fulfilling certain conditions or future events. For example, if X agrees to transfer property to Y upon Y marrying X’s daughter, Y's ownership is contingent on the marriage happening.

Type of Ownership

Based on the Extent of Ownership Capacity

  • Complete Ownership: Full ownership of both the corpus (the property itself) and usufruct (rights to use the property and benefit from it).

  • Incomplete/Partial Ownership: Ownership of either the corpus or the usufruct only. For instance, leasing a property or renting a car involves incomplete ownership.

Based on Owners

  • Private Ownership: Ownership by individuals or joint ownership.

  • Public Ownership: Property owned by the entire community, such as common areas and public parks (Al Marafiq al ammah).

  • National Ownership: Ownership by governmental institutions.

Rights of Ownership

  • Types of Rights:

    • Right in propria (rights in one's own property).

    • Right in re aliena (rights concerning someone else's property).

  • Acquisition, Usage, and Disposition: Rights associated with property ownership include acquisition, utilization, and disposal.

  • Nature of Rights: The right to own property is inherent to human nature, but it is subject to limits concerning state property, common property, and individual property.

Classifications of Properties

  1. Divine Properties: Those owned by God which humans cannot access, exemplified in cases like "NEMITZ VS. US NASA" (Federal Court of NEVADA).

  2. Common Properties: Owned by all humanity, e.g., oceans.

  3. Common Land: Jointly owned by the community at large.

  4. Individual/Private Property: Owned by individuals alongside certain duties and responsibilities.