chose in possession

简明释义

可实际占有的物 ［动产，法律］

英英释义

例句

1.He lost his chose in possession during the move, which was a valuable antique.

他在搬家过程中丢失了一件占有物，那是一件珍贵的古董。

2.The landlord has the right to evict tenants from a chose in possession if they fail to pay rent.

如果租户未能支付租金，房东有权驱逐他们出占有物。

3.A bicycle left unattended in a public space is considered a chose in possession until claimed.

在公共场所无人看管的自行车被视为占有物，直到被认领。

4.The artist sold a painting, which is a chose in possession, to a collector.

这位艺术家将一幅画作出售给了收藏家，这是一件占有物。

5.When you buy a car, it becomes your chose in possession immediately.

当你买下汽车时，它立即成为你的占有物。

作文

Understanding the concept of chose in possession is essential for anyone studying property law or engaging in transactions involving personal property. The term refers to a tangible item that a person has physical control over, which can be contrasted with chose in action, where rights are held but not necessarily possessed physically. A chose in possession represents not only ownership but also the ability to utilize and enjoy the item directly. For example, consider a car owned by an individual. As long as the owner has the keys and is able to drive the car, it is considered a chose in possession. This ownership gives them the right to use the vehicle as they please, whether it be for commuting, leisure, or any other purpose. The physical presence of the car in the owner's possession allows for immediate enjoyment and control over the asset. In contrast, if someone holds a contract that entitles them to receive a car in the future, that right is a chose in action. While they have a legal claim to the car, they do not have the physical control over it until the transaction is completed. This distinction is crucial in legal contexts, especially when determining rights during disputes or bankruptcy proceedings. The significance of chose in possession extends beyond mere definitions; it plays a critical role in various legal scenarios. For instance, if a person loans their chose in possession to a friend, they still retain ownership, but the friend gains temporary control. In this situation, the law may impose certain responsibilities on both parties, particularly regarding care and liability for damages. If the friend accidentally damages the car, the question arises about who is liable for the repair costs. Moreover, the concept of chose in possession is vital in understanding how personal property is transferred. When one person sells a piece of furniture, for instance, the transfer of ownership occurs when the buyer takes possession of the item. This transfer solidifies their rights over the chose in possession, allowing them to exclude others from using or claiming the item. In the realm of theft, chose in possession becomes even more relevant. A thief may take a chose in possession, but they cannot claim ownership legally since they have taken it without consent. The original owner retains their rights and can pursue legal action against the thief to reclaim their property. This aspect highlights the importance of possession in establishing rightful ownership. In conclusion, the term chose in possession embodies the idea of physical control over personal property, playing a pivotal role in property law and everyday transactions. Understanding this concept helps clarify the rights and responsibilities associated with ownership and possession. It is imperative for individuals to grasp the implications of possessing a chose in possession to navigate legal situations effectively and protect their interests. Knowledge of property laws and the distinctions between different types of property can empower individuals to make informed decisions in their personal and professional lives.

理解“chose in possession”这一概念对任何学习财产法或参与个人财产交易的人来说都是至关重要的。该术语指的是一个人拥有物理控制的有形物品，这与“chose in action”形成对比，后者是指持有权利但不一定实际占有的情况。“chose in possession”不仅代表所有权，还代表直接利用和享受该物品的能力。例如，考虑一个人拥有的汽车。只要车主拥有钥匙并能够驾驶汽车，它就被视为“chose in possession”。这种所有权使他们可以随意使用该车辆，无论是通勤、休闲还是其他任何目的。汽车在车主手中的实际存在使得他们能够立即享受和控制这一资产。相反，如果某人持有一份合同，赋予他们未来获得一辆汽车的权利，那么该权利就是“chose in action”。虽然他们对汽车有法律索赔，但在交易完成之前，他们并没有对其进行物理控制。这一区别在法律背景中至关重要，尤其是在争议或破产程序中确定权利时。“chose in possession”的重要性不仅仅体现在定义上；它在各种法律场景中扮演着关键角色。例如，如果一个人将其“chose in possession”借给朋友，他们仍然保留所有权，但朋友获得了临时控制权。在这种情况下，法律可能会对双方施加某些责任，特别是关于照顾和损害赔偿的责任。如果朋友不小心损坏了汽车，那么问题就出现了，谁应对修理费用负责。此外，“chose in possession”的概念对于理解个人财产的转让至关重要。当一个人出售一件家具时，所有权的转移发生在买方占有该物品时。这种转移巩固了他们对“chose in possession”的权利，使他们能够排除他人使用或声索该物品。在盗窃领域，“chose in possession”变得更加相关。小偷可能会拿走一件“chose in possession”，但由于未经同意而无法合法声明所有权。原所有者保留其权利，并可以对小偷采取法律行动以追回其财产。这一方面突显了占有在确立合法所有权中的重要性。总之，“chose in possession”一词体现了对个人财产的物理控制这一理念，在财产法和日常交易中发挥着关键作用。理解这一概念有助于澄清与所有权和占有相关的权利和责任。个人掌握拥有“chose in possession”的含义对于有效应对法律情况和保护自身利益至关重要。了解财产法及不同类型财产之间的区别可以使个人在个人和职业生活中做出明智的决策。