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英美法对所有权虽然没有一个完整统一的定义,但其实际上已经具有了所有权观念,只不过,英美法采取了很不同的所有权的思维方式。在英美财产法中,所有权是指各项权利的集合,通常称其为“权利束”。权利束包括四项基本的权利:占有权、使用权、排除他人占有和使用的权利和转让权。英美法所有权并不像大陆法那样的绝对,它是一个相对的所有权概念。英国的整个土地法的体系就是关于占有及其后果的法律。以占有
Although Britain and the United States do not have a complete and unified definition of ownership, they actually have the concept of ownership. However, Anglo-American law adopts a very different way of thinking about ownership. In the Anglo-American Property Law, ownership refers to a collection of rights, often referred to as “rights bundles.” The bundle of rights includes four basic rights: possession, usufruct, the right to exclude and use of others and the right to transfer. Anglo-American law is not as absolute as civil law, it is a relative concept of ownership. The whole system of land law in Britain is the law of possession and its consequences. To take possession