CONFIGURATION OF PROPERTY RIGHTS IN COMMON AND CIVIL LAWS: WITH SPECIAL REFERENCE TO INDIA

Abstract

The configuration of property rights in any legal system plays a very pivotal role in shaping the economic suction and the legal relationships within a societal framework and eventually the structure of the economy of a nation. This research paper explores the difference and analyzes the similarities in the way property rights are configured under common law and the civil law systems with a particular focus on this scenario in India, which beautifully blends the element from both the traditions and the legal philosophies. In common law system the property rights are fundamentally governed by the precedents and an emphasis is given to the individual ownership and the freedom to transfer the property. On the other hand, the civil law systems are mostly more concrete and codified herein, the property rights are well defined and systematically regulated through statutory laws and an established centralized judicial system. In India the legal framework is a perfect mix and presents a unique intersection of these two legal traditions. Because the Indian Legal system is hugely influenced by the British Colonial Rules that reflects Common law influence which was later on shaped by its own constitutional framework and legislative enactments creating a civil law influence. This research paper delves deep into how the concept of property rights are framed in India by analyzing the key legal provisions such as the Transfer of Property Act of 1882 and the Indian Contract Act of 1872 along with the Hindu Succession Act and other personal laws, along with the principle of justice and equity which are rooted in the common law philosophy. By comparing these frame-works the research reveals the challenges and opportunities in India revolving around the property law regime by the way of providing a detailed insight into how a hybrid legal system fetches a balance between the individual rights and the public welfare in the contemporary world where globalization has increased tremendously. The paper aims to contribute to an ongoing discourse on the evolution of property rights in the legal systems while conceptualizing their impact on the economic development of the nation’s along with the justice and social equity concept in countries like India.