Saturday, 9 January 2010

To Property Owners

Below are a few quotations which property owners ought to have at the ready to defend themselves from theft by the tax administration in France and elsewhere :
Please read.

Butterworth's Dictionary of Law:
Property: A word which can be used to describe every type of right (that is , a claim recognised by law), interest, or thing which is legally capable of ownership, and which has a value. Property is either real (that is, an interest or estate in land), or personal (that is, interest in things other than land including chattels and choses in action). These rights, generally referred to as proprietary rights, are enforceable against the whole world. The content of proprietary rights is controversial but ownership includes the right to exclude others, the right to alienate and the right to use and enjoy.

Bouvier's Dictionary of Law:
Property: The right and interest which a man has in lands and chattels to the exclusion of others. 6 Binn. 98; 4 Pet. 511; 17 Johns. 283; 14 East, 370; 11 East, 290, 518. It is the right to enjoy and to dispose of certain things in the most absolute manner as he pleases, provided he makes no use of them prohibited by law. See Things.

Blackstone's Commentaries on the Laws of England:
"There is nothing which so generally strikes the imagination, and engages the affections of mankind. as the right of property."

"So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community."

"And thus the legislature of England has universally promoted the grand ends of civil society, the peace and security of individuals, by steadily pursuing that wise and orderly maxim, of assigning to every thing capable of ownership a legal and determinate owner."

George Sutherland, Associate Justice of the United States Supreme Court, 1921:
"The three great rights are so bound together as to be essentially one right. To give a man his life, but deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty, but take from him his property, which is the fruit and badge of his liberty, is to still leave him a slave."

Lord Edward Coke:
"Common law doth control Acts of Parliament and adjudges them when against common right to be void."

Legal maxims:

What is mine cannot be taken without my consent.

The owner of a piece of land owns everything above and below it to an indefinite extent.

The owner of a piece of land owns everything above and below it to an indefinite extent.

It is against equity to deprive a freeman of the free disposal of their own property.

Things which belong to the person ought not to be separated from the person.

Rights never die.

Magna Carta:

"No free man shall be .... dispossessed ... unless by the lawful judgment of his own equals which is the law of the land."

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