Property, Ownership and Possession Questions and Answers

Q: Austin described ‘ownership’ as a ‘right’..............over a determinate thing.

The answer is All the above.John Austin defined ownership as 'a right indefinite in point of user, unrestricted in point of disposition, and unlimited in point of duration over a determinate thing'. Each of the three adjectives describes one dimension of the owner's right:indefinite in user: the owner may use the thing in any way not forbidden by law;unrestricted in disposition: the owner may transfer or dispose of it;unlimited in duration: the right is not limited in time.Since Austin's definition uses all three, each single-word option is incomplete.

Q: Intellectual Property Right is an example of :

Intellectual property is an example of incorporeal ownership.Corporeal ownership is ownership of a material thing that can be seen and touched, such as land or a car. Incorporeal ownership is ownership of a right that has no physical existence, such as a copyright, patent, trade mark, debt or easement. Intellectual property protects creations of the mind, not the physical copies in which they appear, so it is the standard example of incorporeal ownership.Beneficial and equitable ownership refer to who enjoys property held by a trustee, and contingent ownership depends on a future event; none of them describes the nature of IP.

Q: Which is not an essential of ownership ?

The statement that is not an essential of ownership is ownership is determinate in duration.Ownership is indeterminate in duration: it lasts indefinitely and is not limited to a fixed period, which distinguishes it from lesser interests such as a lease or a life estate. That is one of its defining features in the accounts of Salmond and Austin.The other three are among the incidents of ownership: the right to possess the thing, the right to use and enjoy it, and the right to consume, destroy or alienate it.

Q: Ownership of a right is called :

Ownership of a right is incorporeal ownership.Salmond distinguishes corporeal ownership, the ownership of a material thing such as land or a book, from incorporeal ownership, the ownership of a right, such as a patent, copyright, debt or easement. Strictly every ownership is of a right, but corporeal ownership is spoken of as ownership of the thing itself.Beneficial ownership is the enjoyment of property held by a trustee, the trustee being the legal owner. Contingent ownership is ownership that will vest on an uncertain event. Both describe how ownership is held, not what is owned.

Q: Ownership of goodwill of a business is :

Ownership of goodwill is incorporeal ownership.Corporeal ownership is ownership of a material thing that can be touched, such as land or a car. Incorporeal ownership is ownership of a right or an intangible thing, such as a patent, copyright, trademark, debt or the goodwill of a business.Goodwill is the reputation and customer connection of a business, with no physical existence, so it cannot be corporeal. Limited and beneficial ownership describe how complete the owner's rights are, or who enjoys the benefit, not whether the object is tangible.

Q: A personal servitude is one which is vested in an individual because of his .................. .

The answer is personality.Servitudes are rights over another's property. A praedial servitude, such as a right of way, belongs to the owner of one piece of land as such and passes with that land. A personal servitude, such as a usufruct, is attached to a particular person and ends with that person; it exists because of who the holder is, that is, because of his personality, not because he owns neighbouring land.'Rights', 'power' and 'obligation' describe the content of the servitude or its effect on the owner, not the basis on which it vests in an individual.

Q: The word 'dominium' denotes :

'Dominium' denotes the absolute right to a thing.In Roman law dominium was ownership: the fullest right a person could have over a thing, including the rights to use, enjoy and dispose of it. It is the root of the modern concept of ownership.Physical control over a thing is possessio, possession, which Roman law kept distinct from dominium. Hohfeld's analysis of rights is a modern theory, and 'development of the idea of possession' describes a different concept.

Q: Who has defined ownership as 'a plenary control over an object' ?

The definition is Holland's.T.E. Holland, in The Elements of Jurisprudence, described ownership as a plenary control over an object, stressing the owner's full power to possess, enjoy and dispose of it.Austin defined ownership as a right indefinite in point of user, unrestricted in disposition and unlimited in duration. Kelsen and Hart did not give this definition.

Q: The word 'possessio' denotes :

'Possessio' denotes physical control over a thing.In Roman law possessio was the fact of holding and controlling a thing, protected by the praetor's interdicts, as distinct from dominium, ownership. Its physical element is called corpus and its mental element animus.The absolute right to a thing is ownership (dominium), not possession; a thief can possess without owning. 'Absolute justice' and Hohfeld's analysis of jural relations have nothing to do with the term.

Q: 'Animus Possidendi' means :

'Animus possidendi' means the intent to appropriate to oneself the exclusive use of the thing possessed.Possession has two elements: corpus possessionis, the physical control, and animus possidendi, the mental element. Salmond defined the latter as the intent to appropriate to oneself the exclusive use of the thing, that is, to exclude others from it.The second option is a remark about how hard possession is to define, not a definition of the mental element. The third and fourth concern the physical element (corporal contact, loss of contact), not intention.

Austin described ‘ownership’ as a ‘right’..............over a determinate thing.

A.Indefinite
B.Unrestricted
C.Unlimited
D.All the above

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: D

The answer is All the above.

John Austin defined ownership as 'a right indefinite in point of user, unrestricted in point of disposition, and unlimited in point of duration over a determinate thing'. Each of the three adjectives describes one dimension of the owner's right:

indefinite in user: the owner may use the thing in any way not forbidden by law;
unrestricted in disposition: the owner may transfer or dispose of it;
unlimited in duration: the right is not limited in time.

Since Austin's definition uses all three, each single-word option is incomplete.

Discuss in Forum

Intellectual Property Right is an example of :

A.Incorporeal ownership
B.Beneficial ownership
C.Equitable ownership
D.Contingent ownership

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: A

Intellectual property is an example of incorporeal ownership.

Corporeal ownership is ownership of a material thing that can be seen and touched, such as land or a car. Incorporeal ownership is ownership of a right that has no physical existence, such as a copyright, patent, trade mark, debt or easement. Intellectual property protects creations of the mind, not the physical copies in which they appear, so it is the standard example of incorporeal ownership.

Beneficial and equitable ownership refer to who enjoys property held by a trustee, and contingent ownership depends on a future event; none of them describes the nature of IP.

Discuss in Forum

Which is not an essential of ownership ?

A.The owner has a right to possess the thing which he owns
B.The owner has the right to use and enjoy the thing owned
C.The owner has the right to consume, destroy or alienate the thing
D.Ownership is determinate in duration

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: D

The statement that is not an essential of ownership is ownership is determinate in duration.

Ownership is indeterminate in duration: it lasts indefinitely and is not limited to a fixed period, which distinguishes it from lesser interests such as a lease or a life estate. That is one of its defining features in the accounts of Salmond and Austin.

The other three are among the incidents of ownership: the right to possess the thing, the right to use and enjoy it, and the right to consume, destroy or alienate it.

Discuss in Forum

Ownership of a right is called :

A.Corporeal ownership
B.Incorporeal ownership
C.Beneficial ownership
D.Contingent ownership

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: B

Ownership of a right is incorporeal ownership.

Salmond distinguishes corporeal ownership, the ownership of a material thing such as land or a book, from incorporeal ownership, the ownership of a right, such as a patent, copyright, debt or easement. Strictly every ownership is of a right, but corporeal ownership is spoken of as ownership of the thing itself.

Beneficial ownership is the enjoyment of property held by a trustee, the trustee being the legal owner. Contingent ownership is ownership that will vest on an uncertain event. Both describe how ownership is held, not what is owned.

Discuss in Forum

Ownership of goodwill of a business is :

A.Limited ownership
B.Corporeal ownership
C.Incorporeal ownership
D.Beneficial ownership

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: C

Ownership of goodwill is incorporeal ownership.

Corporeal ownership is ownership of a material thing that can be touched, such as land or a car. Incorporeal ownership is ownership of a right or an intangible thing, such as a patent, copyright, trademark, debt or the goodwill of a business.

Goodwill is the reputation and customer connection of a business, with no physical existence, so it cannot be corporeal. Limited and beneficial ownership describe how complete the owner's rights are, or who enjoys the benefit, not whether the object is tangible.

Discuss in Forum

A personal servitude is one which is vested in an individual because of his .................. .

A.rights
B.power
C.personality
D.obligation

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: C

The answer is personality.

Servitudes are rights over another's property. A praedial servitude, such as a right of way, belongs to the owner of one piece of land as such and passes with that land. A personal servitude, such as a usufruct, is attached to a particular person and ends with that person; it exists because of who the holder is, that is, because of his personality, not because he owns neighbouring land.

'Rights', 'power' and 'obligation' describe the content of the servitude or its effect on the owner, not the basis on which it vests in an individual.

Discuss in Forum

The word 'dominium' denotes :

A.Physical control over a thing
B.The absolute right to a thing
C.Hohfeldian philosophy of right
D.Development of the idea of possession

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: B

'Dominium' denotes the absolute right to a thing.

In Roman law dominium was ownership: the fullest right a person could have over a thing, including the rights to use, enjoy and dispose of it. It is the root of the modern concept of ownership.

Physical control over a thing is possessio, possession, which Roman law kept distinct from dominium. Hohfeld's analysis of rights is a modern theory, and 'development of the idea of possession' describes a different concept.

Discuss in Forum

Who has defined ownership as 'a plenary control over an object' ?

A.Austin
B.Kelsen
C.Hart
D.Holland

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: D

The definition is Holland's.

T.E. Holland, in The Elements of Jurisprudence, described ownership as a plenary control over an object, stressing the owner's full power to possess, enjoy and dispose of it.

Austin defined ownership as a right indefinite in point of user, unrestricted in disposition and unlimited in duration. Kelsen and Hart did not give this definition.

Discuss in Forum

The word 'possessio' denotes :

A.the absolute right to a thing
B.physical control over a thing
C.absolute justice
D.hohfeldian philosophy of right

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: B

'Possessio' denotes physical control over a thing.

In Roman law possessio was the fact of holding and controlling a thing, protected by the praetor's interdicts, as distinct from dominium, ownership. Its physical element is called corpus and its mental element animus.

The absolute right to a thing is ownership (dominium), not possession; a thief can possess without owning. 'Absolute justice' and Hohfeld's analysis of jural relations have nothing to do with the term.

Discuss in Forum

10.

'Animus Possidendi' means :

A.the intent to appropriate to oneself the exclusive use of the thing possessed
B.the right of possession is a conception clearly easy to understand but difficult to define with exactitude
C.Corporal contact is not the physical element
D.Owner loses physical contact with the thing

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: A

'Animus possidendi' means the intent to appropriate to oneself the exclusive use of the thing possessed.

Possession has two elements: corpus possessionis, the physical control, and animus possidendi, the mental element. Salmond defined the latter as the intent to appropriate to oneself the exclusive use of the thing, that is, to exclude others from it.

The second option is a remark about how hard possession is to define, not a definition of the mental element. The third and fourth concern the physical element (corporal contact, loss of contact), not intention.

Property, Ownership and Possession Questions and Answers

Topics

Other Subjects

Tags: Property, Ownership and Possession Questions and Answers

About Us

Property, Ownership and Possession Questions and Answers

Topics

Other Subjects

Tags: Property, Ownership and Possession Questions and Answers

About Us

Stay informed about all important Dates & Notifications