Legal Dictionary of Pakistan

Attachment. 1. The seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. - also termed (in civil law) provisional seizure. Cf. Garnishment; sequestration (1)

Indian tribal property

See INDIAN LAND.

abandoned property

Property that the owner voluntarily surrenders, relinquishes, or disclaims. Cf. lost property; mislaid property.

absolute property

Property that one has full and complete title to and control over.

after-acquired property

secured transactions. a debtor's property that is acquired after a security transaction and becomes additional security for payment of the debt. ucc § 9-204. - also termed future-acquired proper2"bankruptcy property that the bankrupt-cy estate acquires after commencement of the bankruptcy proceeding. 11 usca § 541 (a)(7). 3. wills & estates. property acquired by a person after making a will. 0 the old rule was that a testamentary gift of personal property spoke at the time of the testator's death, whereas a gift of lands spoke from the date of the will's execution (so that after-acquired property was not disposed of), but this has been changed by legislation in most states.

after-acquired-property clause

a mortgage provision that makes any later-acquired real estate subject to the mortgage

appointive property

a property interest that is subject to a power of appointment.

certificate of holder of attached property

A certificate given by a person who holds - but does not own - property attached by a sheriff; the certificate sets forth the holder's interest in the, property.

claim property bond.

See replevin bond.

claim-property bond

See replevin bond under BOND (2).

common property

1 Property that is held jointly by two or more persons. 2. See COMMON AREA.

community property

See COMMUNITY PROPERTY.

community-property state

A state in which spouses hold property that is acquired during marriage (other than property acquired by inheritance or individual gift) as community property. See COMMUNITY PROPERTY. Cf. COMMON-LAW STATE.

corporeal property

1 The right of ownership in material things. 2. Property that can be perceived, as opposed to incorporeal property; tangible property.

county property

Property that a county is authorized to acquire, hold, or sell.

crimes against property

A category of criminal offenses in which the perpetrator seeks to derive an unlawful benefit from - or do damage to - another's property without the use or threat of force. ( Examples include burglary, theft, and arson (even though arson may result in injury or death). - Also termed property crimes. Cf. offense against property under OFFENSE.

criminal damage to property

1. fojucy, destruction, or substantial impairment to the tt~e of property (other than by fire or explosion without the consent of a person having an interest in the property. 2. Injury, destruction, or substantial impairment to the use of property (other than by fire or explosion) with the intent to injure or defraud an insurer or penholder. Cf. ARSON.

cultural property

Int'L law. Movable and immovable property that has cultural significance, whether in the nature of antiquities and monuments of a classical age or important modern items of fine arts, decorative arts, and architecture. ( Some writers prefer the term cultural heritage, which more broadly includes intangible cultural things such as folklore, crafts, and skills.

defense of property

A justification defense available if one harms or threatens another when defending one's property. See JUSTIFICATION (2).

distressed property

Property that must be sold because of mortgage foreclosure or because it is part of an insolvent estate.

dotal property

Civil law. Separate property that the wife brings to the marriage to assist the husband with the marriage expenses.

enemy's property.

Int'L law. Property used illegal commerce or trading with a public enemy, my, whether that property belongs to an ally a citizen. ( This term is esp. common in prize courts. The illegal traffic makes the proper hostile, and allows penal ach to the property itself.

excise lieu property tax

A tax on the gross premiums received and collected by designated classes of insurance companies.

exempt property

See EXEMPT PROPERTY.

extradotal property

Civil law. Property that forms no part of a woman's dowry. - Also termed paraphernal property.

future-acquired property

See AFRERACQUIRED PROPERTY (1).

general property

Property belonging to a general owner. See general owner under OWNER.

horizontal-property act.

A statute dealing with cooperatives and condominiums. horizontal restraint. See RESTRAINT OF TRADE.

income property

Property that produces income, such as rental property.

incorporeal property

1 An in rem proprietary right that is not classified as corporeal property. ( Incorporeal property is traditionally broken down into two classes: (1) jura in re aliena (encumbrances), whether over material or immaterial things, examples being leases, mortgages, and servitudes; and (2) jura in re propria (full ownership over an immaterial thing), examples being patents, copyrights, and trademarks. 2. A legal right in property having no physical existence. ( Patent rights, for example, are incorporeal property. - Also termed incorporeal chattel; incorporeal thing.

incorporeal property.

See PROPERTY

individual property.

See SEPARATE PROPERTY (I).

intangible property

Property that lacks a physical existence. a Examples include bank accounts, stock options, and business goodwill. Cf. tangible property.

integrated property settlement

A contract, incorporated into a divorce decree, that divides up the assets of divorcing spouses.

intellectual property

See INTELLECTUAL PROPERTY.

investment property

Any asset purchased to produce a profit, whether from income or resale.

landed property

See landed estate under ESTATE.

larceny of property lost, mislaid, or delivered by mistake

Larceny in which one obtains control of property the person knows to be lost, mislaid, or delivered by mistake (esp. in the amount of property or identity of recipient) and' fails to take reasonable measures to restore the property to the rightful owner. Model Penal Code § 223.5.

law of property

The category of law dealing with proprietary rights in rem. ( It is one of the three departments into which civil law is divided. See IN REM. Cf. LAW OF OBLIGATIONS; LAW OF STATUS.

like-kind property

Tax. Property that is of such a similar kind, class, or character to other property that a gain from an exchange of the property is not recognized for federal incometax purposes. See LIKE-KIND EXCHANGE.

literary property

1.The physical property in which an intellectual production is embodied, such as a book, screenplay, or lecture. 2. An owner's exclusive right to possess, use, and dispose of such a production. See COPYRIGHT; INTELLECTUAL PROPERTY.

lost property

Property that the owner no longer possesses because of accident, negligence, or carelessness, and that cannot be located by an ordinary, diligent search. Cf. abandoned property; mislaid property.

maliciously damaging the property of another

See MALICIOUS MISCHIEF.

marital property

Property that is acquired from the time when a marriage begins until one spouse files for divorce (assuming that a divorce decree actually results). ( In equitable-distribution states, the phrase marital property is the rough equivalent of community

maternal property

Property that comes from the mother of a party, and other ascendants of the maternal stock.

mislaid property

Property that has been voluntarily relinquished by the owner with an intent to recover it later - but that cannot now be found. Cf. abandoned property; lost property "A distinction is drawn between lost property and mislaid property. An article is 'mislaid' if it is intentionally put in a certain place for a temporary purpose and then inadvertently left there when the owner goes away. A typical case is the package left on the patron's table in a bank lobby by a depositor who put the package there for a moment while he wrote a check and then departed without remembering to take it with him. There is always a 'clue' to the ownership of property which is obviously mislaid rather than lost, because of the strong probability that the owner will know where to return for his chattel when he realizes he has gone away without it." Rollin M. Perkins & Ronald N. Boyce, Criminal Lam 310-11 (3d ed. 1982).

mixed property

See PROPERTY.

movable property

See MOVABLE.

neutral property

Things belonging to citizens of a country that is not a party to a war, as long as the things are properly used and labeled. ( For example, harmless neutral property aboard a captured belligerent ship would not normally be subject to seizure. But the hiding of explosives in otherwise neutral property could allow the property to be seized as contraband.

nonexempt property

See EXEMPT PROPERTY.