This term encompasses all objects, with the exception of man, who may become an active subject of right.
Definitions of the word “Thing”
Obs. The Swedish assembly of freemen and/or barons.
This term encompasses all objects, with the exception of man, who may become an active subject of right. In this sense, it is diametrically opposite to the term people in legalese.
Things Are Divided Into Categories
According to common law, things are classified as follows:
Real things are those that are permanent, fixed, and immovable, and cannot be moved from one location to another; they are often referred to as lands, tenements, and hereditaments.
Things personal include all kinds of transportable items that accompany a guy wherever he travels. Things personal include not just moveable property, but also something else, which is often referred to as chattels. Chattels are classified into two types: actual chattels and personal chattels.
It is worth noting that the destination of some things might influence whether they are considered personal or real property.
Previously, in England, personal property was held in extremely low respect and was seen as only a temporary commodity. But, in recent years, different ideas have been entertained about it, and the courts, both in that country and this, now regard a man’s personal property in a light nearly, if not quite, equal to his realty, and have adopted a more enlarged and still more technical mode of considering the one than the other, frequently drawing from the rules which they found already established by Roman law, wherever those rules appear to be well-grounded and apposite to the case in quest.
According to Roman or civil law, goods are either in patrimonio, capable of being possessed only by one person, or extra patrimonium, incapable of being so possessed.
Things to Know About Patrimonio
In patrimonio, things are classified as corporeal or incorporeal, and the corporeal is further classified as moveable or immovable.
Corporeal things are those that are visible and tangible, such as lands, houses, horses, jewels, and the like; incorporeal things are those that are not the object of sensation, but are creatures of the mind, being rights arising from a corporeal thing, or concerning or exercisable within the same, such as an obligation, a hypothecation, a servitude, and, in general, that which consists only in a certain right.
Corporeal objects may be mobile or immovable. The moveable are those that have been separated from the soil, such as fallen trees, collected fruits, or quarried stones, or those that are naturally separated, such as animals. Immovable items are those sections of the earth’s surface that can be identified, whether as buildings, woodlands, meadows, fields, or else, and to whoever they may belong. Everything that attaches to the surface of the land, either by nature, such as trees, or by man’s handiwork, such as homes and other constructions, is referred to as an immovable, however when detached, such objects become movables.
Patrimonium Extraneous Things
Extra patrimonium items include:
Null and void.
The skies, light, air, and sea are common things that cannot be seized by any man or group of men in order to deprive others of their usage.
Things public, res publicae, which belonged to the state and were used by all of its citizens, such as navigable rivers, routes, bridges, ports, banks, and the right to fish.
Things pertaining to cities or political entities are referred to as res universitatis. In terms of property, such objects belong to the corporation or body politic; yet, in terms of usage, they belong to people who are members of the company or body politic: for example, theatres, market houses, and the like. They vary from public items in that the latter belong to a country. Lands or other income owned by a company do not fall under this category, but are juris privati.
Res nullius, or objects that are not the property of any man or number of persons, are primarily those of divine right; they are classified into three categories: holy, religious, and sanct. Things holy were things that had been officially and publicly consecrated by priests, such as churches, their ornamentation, and so on. Things religious were those locations that became such by burying a dead corpse in them, despite the fact that no consecration of these areas by a priest had occurred. Things sanctified were those that were guarded and preserved from the harms of mankind by a certain reverential awe coming from their nature, something reinforced by religious rites; such were the gates and walls of a city, offences against which were capitally punished.