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ITL, chapter 5

Chapter 5, Property Law

Chapter 5, Property Law


Kartei Details

Karten 26
Sprache English
Kategorie Recht
Stufe Universität
Erstellt / Aktualisiert 25.09.2014 / 27.09.2014
Lizenzierung Keine Angabe    (Introduction to Law)
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What are the two branches of property law ?-

1) Personal rights (=Relative rights) rights against a person

2) Absolute rights (=property rights) the object of the right

They can be 

tangible (land, book, house)

Intangible (claims, shares, intellectual property )

 

What are the characteristic of property -absolute- rights ?

-Effect Erga Omnes, effect against everybody

-Droit de suite, if the object falls into the hands of a person who does not hold the right, the right holder can exercise his right against that person.

Why do we have property rights ?

1) Freedom Of Ownership.  it facilitates the free circulation of goods by enabling them to change owners.

2) Tragedy of the Commons

What are the four categories of property rights ?

1) Primary property rights, the right of ownership.

2) Secondary Property rights to use.

3) Secondary property security rights

4) Secondary rights to acquire a property right.

In the civil law property law, what is the difference between 

-Ownership

-Possession

-Detentorship

1) Ownership, it is an immaterial relation between a property right that a person have in respect to some object. You have the property right on an object, you are its owner.

2) Possession, it is a factual relation, you possess an object but you are maybe not its owner. (But you thing you are it)

3) Detentoship, it is a factual relation,nth detente recognise the right of the older, usually you borrowed the object from the owner.

What type of system is it in the civil law concerning ownership?

It is a unitary system, the same system for land and goods.

What is vindication ?

Vindication is a legal action in the civil law by means of which a rigt holder can reclaim possession of the object of his right.

What are the characteristics of ownership in the civil law system ?

1) Only one right of ownership to an object, it is a matter of all or nothing.

But

2) Co-ownership is possible, it is about more than one person holding the single right of ownership. (Both person shared the price of an object)