Chapter

Incorporeal Things

A. W. B. Simpson

in A History of the Land Law

Second edition

Published in print July 1986 | ISBN: 9780198255376
Published online March 2012 | e-ISBN: 9780191681585 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255376.003.0005
Incorporeal Things

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Analysts have always been unhappy about the property lawyer's classification of hereditaments into corporeal and incorporeal; their unhappiness is quite misplaced, for the classification represents a perfectly sensible distinction, though perhaps the distinction could be better expressed, and indeed more fully elaborated. But different writers have adopted different criteria for drawing the distinction, and thus the subject is beset with difficulty. The basis of the subtle analyses of later theorists is to be found in Bracton, who took the distinction between res corporales and res incorporales from Roman writers, and attempted to use it to provide a framework for describing a heterogeneous collection of rights which were recognized in contemporary law. The difficulty which confronted him may best be seen if the content of some of these rights is considered.

Keywords: hereditaments; incorporeal rights; property law; Bracton; real property; servitudes

Chapter.  6879 words. 

Subjects: History of Law

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