Objects: what can be the object of propety.

Classification of “things”

Anglo-American law is generally less concerned with matters of definition than is the civil law. Except in the United States, where defining something as property automatically entitles it to constitutional protection, there is less discussion in the Anglo-American legal system of whether a given interest or a given thing should be classified as property. Nonetheless, Anglo-American law shows broadly the same characteristics as the civil law. Almost all tangible things are conceived of as being capable of supporting property interests, some intangibles are treated the same as tangibles, and some are not.

Water

Water and land under and bordering on water are everywhere in the West treated differently from other kinds of property. Modern law in the West tends to give substantial power over water and land near water to the state. Beyond that the regimes vary substantially from jurisdiction to jurisdiction (see riparian rights; territorial waters).

The United States has a well-developed law concerning the taking of water from a navigable or nonnavigable stream. In the eastern part of the United States the right to take water from a stream is dependent on ownership of lands adjoining the stream. In the western part of the country the right to take water tends to depend on having first taken it (prior appropriation). In both parts of the country public regulation has increasingly come to the fore.

Other natural resources

Other natural resources have, in some Western legal systems, been removed from normal private ownership. The tendency on the Continent is to make all minerals subject to state ownership or at least to extensive state control. Historically in England, gold, silver, and lead were reserved to the crown. In the United States private ownership of minerals has been the rule, subject to considerable state regulation in the name of conservation. Just as the systems of private ownership with regard to water have tended to divide between those systems that award the water to the person who has it on his land and those that award it to the person who discovered or appropriated it, so too those Western systems that allow private ownership of minerals alternate between giving them to the landowner and giving them to the discoverer.

 

3.2. Складіть розгорнутий план тексту та випишіть незнайомі слова. Поставте п’ять питань до тексту.

 

4.1. Прочитайте (швидко) текст “Debts and debtors”, намагаючись зрозуміти його якомога точніше та повніше.

DEBTS AND DEBTORS

Debt and debtor relationship existing between two persons in which one, the debtor, can be compelled to furnish services, money, or goods to the other, the creditor. This relationship may be created by the failure of the debtor to pay damages to the injured party or to pay a fine to the community; however, the relationship usually implies that the debtor has received something from the creditor, in return for which the debtor has promised to make repayment at a later time.

If the debtor fails to make repayment by the deadline or within a commercially feasible time limit and if routine efforts at debt collection prove fruitless, then an attorney may commence a formal collection process. Sometimes it is possible to attach the debtor’s property, wages, or bank account as a means of forcing payments garnishment. It is also possible to secure a lien against the debtor’s property, which will permit a local official or law-enforcement officer to seize the property, sell it at public auction, and use the proceeds to discharge the debt, it is known as liquidation. Imprisonment of the debtor is a practice no longer followed.

The process of debt collection may be impeded by exemption laws, which provide that certain property of the debtor may not be seized and sold in order to discharge a debt. These exemptions include sums of money, life insurance, and parcels of land.

 

4.2. Складіть розгорнутий план тексту та випишіть незнайомі слова. Поставте п’ять питань до тексту.

 

5.1. Прочитайте (швидко) текст “Credits”, намагаючись зрозуміти його якомога точніше та повніше.

CREDITS

Credit transaction between two parties in which one (the creditor or lender) supplies money, goods, services, or securities in return for a promised future payment by the other (the debtor or borrower). Such transactions normally include the payment of interest to the lender. Credit may be extended by public or private institutions to finance business activities, agricultural operations, consumer expenditures, or government projects.

Most modern credit is extended through specialized financial institutions, of which commercial banks are the oldest and most important. In present-day industrial economies, the banks are able to extend and increase the supply of credit by the creation of new deposits for their loan customers.

The lender must judge each loan he makes on the basis of the character of the borrower (his intention to repay), his capacity to repay (based on his potential for earning income), and his collateral (property pledged in case of default on the loan). The terms of credit transactions may be publicly regulated to prevent abuses by customers and lenders as well as to channel credit into particular sectors of the economy.

In fields for which adequate private financing is not available, governments may extend credit. Public lending programs, often combined with public systems of savings collection, provide a large portion of housing finance in many European and Asian countries. In the U. S., public credit is frequently extended for housing, small business, and agriculture.

Commercial banks in both industrialized and less developed countries are often reluctant to extend agricultural credit because of the high risk involved; such loans are usually made only to very large farms. In addition to government credit, cooperative credit systems have been particularly important in less developed countries, where they are often the only source of funds available to small farmers at reasonable rates of interests.

 

5.2. Складіть розгорнутий план тексту та випишіть незнайомі слова. Поставте п’ять питань до тексту.

 

6.1. Прочитайте (швидко) тексти “Production” та “Inflation and prices”, намагаючись зрозуміти його якомога точніше та повніше.

PRODUCTION

Very often newspapers, journals and other publications and speeches give information on production of goods.

Here is a report of a big English radio company executive at a conference:

Well, ladies and gentlemen, it has been a very difficult year for us. We have had difficulties in production and our production record this year is not good. These are the figures:

At the start of the year all our factories had been on strike for two months; the strike finished on January 29^th, so in January we produced only two hundred radios.

Production started slowly because of continued one-day strikes; in February we produced twenty eight thousand radios.

Then the production figures increased every of the three months. In May we reached target figure of one hundred and forty thousand radios and in June we managed to produce one hundred twenty eight thousands radios. This last figure is the best production figure we have ever reached.

Then we had the two-week factory holiday at the beginning of September, which accounts for the figure of eighty thousand radios for that month.

In October production rose to one hundred and twenty thousand and then, for reasons beyond our control, we had our second major strike of the year. Some workers continued working, and others, mainly the engineers and maintenance people, took turns in staying away.

In November we produced only one hundred thousand radios and in December ninety thousand. So our production figures for last year were, I am afraid, not very good.

 

INFLATION AND PRICES

Here is a part of a television programme about inflation and prices in the UK:

(The prices are for a pound of food, not a kilo. A pound is about 450 grams.)

The reporter:

Inflation in Britain is running at about 15 per cent. These figures don’t seem to mean very much, but when you look at the price of food, you understand what inflation means to the ordinary person.

These are the prices you have to pay in the supermarket. Flour is 40 pence a pound and rice is 50. For a pound of sugar you’ll have to pay 15 pence. Compare that with the price of sugar four years ago and you can see a real price difference.

Tomatoes are 1 pound sterling that’s because it’s a little early for tomatoes at the moment. Potatoes are 30 pence a pound. Peas and beans are 60 and 90, apples are 75. Onions are 60 pence a pound, bananas are 50 and sausages, the children’s favourite, are 2 pounds sterling. Cheese has reached incredible 3 pounds sterling a pound, and if you follow me over here to the meat counter, you’ll see a lot more.

London has been truly called the most expensive city in the world, though, like all other cities, if you know your way around, you can always find lower prices than people normally pay.

Transport is expensive in London compared with other places. The fares on the underground and taxi fares are very high.

Some things are really expensive, accommodation for instance.

Telephone calls to another London number, to say nothing about long distance calls, are rather expensive.

And clothes? It’s difficult to find an average price for clothes, because there is a big difference in the price range, depending on the kind of shop you buy your clothes in and what quality you buy.

 

6.2. Складіть розгорнутий план тексту та випишіть незнайомі слова. Поставте п’ять питань до тексту.

 

7.1. Прочитайте (швидко) текст “Bankruptcy”, намагаючись зрозуміти його якомога точніше та повніше.

BANKRUPTCY

Bankruptcy is the status of a debtor who has been declared by judicial process to be unable to pay his debts. Although sometimes used indiscriminately to mean insolvency, the terms have distinct legal significance. Insolvency, as used in most legal systems, indicates the inability to meet debts. Bankruptcy, on the other hand, results from legal adjudication that the debtor has filed a petition or that creditors have filed a petition against him.

Bankruptcy laws were enacted to provide and govern an orderly and equitable liquidation of the estates of insolvent debtors. This purpose has remained an important aim of bankruptcy legislation since the Middle Ages. Because in the past bankruptcy was coupled with the loss of civil rights and imposition of penalties upon fraudulent debtors, the designation bankrupt came to be associated with dishonesty, casting a stigma on persons who were declared bankrupts. Eventually, however, bankruptcy legislation was extended to provide procedures for the adjustment of debts so as to avoid liquidation and for the rehabilitation of insolvent debtors. Modern bankruptcy laws, therefore, include detailed provisions for preventive compositions, arrangements, or corporate reorganizations of various types. In fact, the salvage of an enterprise in financial difficulties has become the principal focus of bankruptcy legislation with particular concern for the maintenance of employment opportunities and the protection of members of the labour force.

In addition, the bankruptcy laws of England, the United States, and the British Commonwealth nations traditionally came to include provisions for the unpaid portions of debts incurred prior to bankruptcy in order to give honest but unfortunate debtors a new start in life. The bankruptcy laws of the European and Latin-American countries, by contrast, did not have such provisions. In the late 20^th century, however, legislation in some of these countries (e. g., Argentina and France) provided for the discharge of the unpaid portion of pre-bankruptcy creditors under certain conditions.

Since bankruptcy laws aim at the liquidation or rehabilitation of insolvent estates, bankruptcy proceedings involve all nonexempt assets of the debtor, and all creditors entitled to share in the proceeds of the liquidation or in the adjustment of their claims are called to participate. Accordingly, bankruptcy proceedings are viewed as general or universal collection procedures as distinguished from individual collection remedies available to particular creditors for the enforcement of their claims.

 

7.2. Складіть розгорнутий план тексту та випишіть незнайомі слова. Поставте п’ять питань до тексту.

 

8.1. Прочитайте (швидко) текст “Accounts and balance sheet”, намагаючись зрозуміти його якомога точніше та повніше.

ACCOUNTS AND BALANCE SHEET

From the Trial Balance, prepared by the bookkeeper, the accountants creates a Profit and Loss Statement and Balance Sheet.

A Profit and Loss Statement or a Profit and Loss Account, shows the income or loss of the company for the period. The Profit and Loss Statement is made only on the basis of those accounts of the Ledger which affect the profit and loss of the company. The Profit and Loss Statement may contain the following items:

· Sales

· Trading profit

· Depreciation

· Rent received

· Interest paid

· Profit before tax

· Tax

· Profit after tax

· Dividends

· Profit retained

· Earnings per share.

The other accounts of the Ledger which reflect the assets, liabilities and capital if the firm, make up a Balance Sheet. This shows the net worth or book value of the company.

A Balance Sheet made up for Johnson and Co., a specimen company, may appear as follows:

BALANCE SHEET Johnson and Co. 31 December, 199X Assets Cash $5500 Petty cash fund 100 Accounts receivable 750 Notes receivable 100   Inventory Merchandise on hand 2080 Furniture and Fixtures 2750 Total assets $11280   Liabilities Accounts payable 800 Notes payable 500 Total liabilities 1300   Capital Johnson capital at the beginning 8000 Profit for the period 1980 Total capital 9980 Total Capital and Liabilities $11280

The two sides of the Balance Sheet that is Total Assets and Total Capital and Liabilities are always to be equal.

 

8.2. Складіть розгорнутий план тексту та випишіть незнайомі слова. Поставте п’ять питань до тексту.

 

9.1. Для ознайомлення з поняттям про модальні дієслова вивчіть Units 29-34, 36 підручника R. Murphy “English Grammar in Use”

 

9.2. Щоб навчитись вживати модальні дієслова виконайте наступні ситуаційні вправи:

 

Ситуація 1. Розгляньте наступні ситуації і напишіть речення використовуючи needn’t have.

1. George went out. He took an umbrella because he thought it was going to rain. But it didn’t rain He needn’t have taken an umbrella.

2. Ann bought some eggs when she went shopping. When she got home, she found that she already had plenty of eggs. She………………………………..

3. A friend got angry with you and shouted at you. You think this was unnecessary. Later you say to him/her: You …………………………………..

4. Brian had no money, so he sold his car. A few days later he won some money in a lottery. He…………………………………………………………………..

5. When we went on holiday, we took the camera with us but we didn’t use it in the end. ………………………………………………………………………….

6. I thought I was going to moss my train so I rushed to the station. But the train was late and in the end I had to wait 20 minutes.

 

Ситуація 2. Про що ви думаєте? Напишіть речення зі словами I think ………… should чи I don’t think ………………. should.

1. It’s late. (go home now) I think we should go home now.

2. That coat is too big for you. (buy it) I don’t think you should buy it.

3. You don’t need your car. (sell it) ……………………………………..

4. Diane needs a rest. (have a holiday) …………………………………..

5. Sally and Collin are too young. (get married) ………………………...

6. You are not well this morning. (go to work) ………………………….

7. James isn’t well today. (go to the doctor) ……………………………..

8. The hotel is too expensive for us. (stay there) ………………………...

Рекомендована література

[1, 2, 3, 5]

 

Поточна робота студента на практичному занятті оцінюється в 4 бали. Об’єктом контролю роботи студента на практичному занятті є його активність при виконанні різного роду завдань.