The history of property accompanies the history of mankind. It begins with the appropriation and use of land for purposes of exploitation. With the evolution of society, meaning as well as functions of property have varied and have steadily become more complex. Usually, when we talk about property, we relate to assets with economic benefits and the ownership. However, property itself has internal conflicts and the process to solve these conflicts reflects the intangible effects of property. In this paper, I would like to discuss the concept of property in terms of the physical side and intangible rights which are reflected in internal conflicts of property.
The history of property may be dated from the time when man, thousands of years ago, began to abandon his exclusive reliance on hunting and the gathering of wild fruit for raising and use of domestic animals. According to the Dictionary of History of Ideas (1973, p. 650): "in the widest sense, property indicates the exclusive relationship of a person or a group of persons to an object or a complex of objects of material value." Humans are selfish by nature and tend to satisfy the immediate preferences of individuals, especially in the world of the market. Property, tangible or intangible, is an asset that brings economic benefits to the owners. The dominant concept of property is, therefore, the "ownership model" in which the owner has rights to use his property as he desires. He can use it, prevent others from using it, or even transfer the ownership to someone else. Property ownership, to some extent, is similar to freedom of speech or of religion. Both of these belong to individual liberty. Governmental regulations with respect to property, therefore, are considered as limits in the preexisting rights of the owners (Jane B. Baron, The Expressive Transparency of Property, The Columbia Law Review, January 2002).
However, property can be explained from anot...