ITL, chapter 5

-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.

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

2) Tragedy of the Commons

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.

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.

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

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.

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)

It is a fragmented system.

It comprises two subsystem, common law in the narrow sense and equity.

The narrow sense is divided by land (immovable object) and personal property law, chattels (movable object).

Land law is based on the feudal system.

It is divided between :

1) Fee Simple (=freehold), it entitles the holder to exclusive possession for an unlimited duration of time.

2) Term of Years (=leasehold), it grants exclusive possession to someone else for a limited duration of time.

1) The primary right of ownership is called TITLE (short for entitlement). it is the right of exclusive possession to a chattel.

2) Relativity of title, means that it is possible than more than one person is entitled to the same chattel. 

The person who have the strongest title will receive possession. 

-Rights of ownership (civil law)

-fee simple Or title (common law)

1) Paritas , equality of the creditor

2) Personal Security, one person undertakes the liability for someone else debts.

3) Property Security, the goods of the debtor can be taken and sold to pay the debt. (Hypothec, pledge)

4) Reservation, the seller may reserv or retain his primary right until the payment of the purchase price. (Civil,law) / Retention (common law)

5) Fiducia Cum Creditore, it transfer the right of ownership under a condition of resolution, meaning that the transfer is effective until a condition is fulfilled.

Those rights entitled the holder to use the object for a limited duration of time.

1) A short period ---> Right of Usufruct

It is the right to use and enjoy an object that is owned by someone else. The holder now holds "bare ownership" signalling that he has given away his permission to use and enjoy the object.

2) A long period ---> Right of Servitude 

It can be created on one piece of land for the benefit of another piece of land. 

Right of Way, which allows the owner of the one piece of land to walk or drive over the other piece of land, usually that of the neighbourhood 

They are created to secure the payment of a claim.

1) Right of Pledge : which can be created on movable object and on particular kind of rights.

2) Right of Hypothec : (mortgage) which can be created on immovable object and on plane, boats

1) The principle of Numerus Clausus

2) The principle of Specificity

3) The principle of Publicity 

4) The Nemo Dat Rule

5) Prior Tempore Rule

6) Specific Protection

7) The rule of Accessority

Parties themselves are restricted int their freedom to create new type of property rights.

It should be clear on what the property right is created.

It is important that everyone can know who has which property right.

Negative system only operates on the basis of a,simple registration of deeds. (A document created by a notary)

positive system actively checks the content of the deeds offered to him

It holds that nobody can transfer a property right that he did not have himself in the first place.

You must have the competence to dispose.

Detremines that older property rights trump (l'emporter) newer rights.

In civil law, the right of ownership is protected by vindication.

In common law, only rights relating to a land are enforceable. Rights relating to a chattel are enforceable through the law of tort under the Tort of Conversion.

If you change bank, the hypothec follows you and goes to the new bank.

1) Occupation. An object that previously belonged to nO one is found and taken into possession by the finder.

2) Creation. A new object is created out of a previously existing object.

3) Mixing. The rights will be shared by the parties previously holding the rights on the object.

4) Accession. What belong to the land becomes part of the land.

5) Prescription. The exercise of factualbpower for oneself for a long period of time. If after the long period of time, no one has vindicate his rights, the possessor will acquire a primary property right.

It must be clear between the transferor (the person who transfer) and the transferee (the acquirer) that the former has lost the property right and that the latter has acquired it.

In Consensual System : 

-movable object : the buyer becomes the owner immediately upon conclusion of the contract.

-immovable object : only when the contract in form of a deed has been regustered will the transfer of the property right also have effect.

In Tradition System : 

-movable object: the seller to provide the buyer with factual control

-immovable object: the deed

Transfer of a claim : through an agreement between the creditor of the claim and the new acquirer.

1) the object is destroyed or ceases to exist independently.

2) the object is waived or abandoned by the right holder.

3) by operation of the law.

4) A right of usufructbusualky ends if the holder of this right dies, and a leasehold if the term has passed.

5)agreement between the parties involved in the right.