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Comparative property law, week 1 > Week 1 > Flashcards

Week 1 Flashcards

1
Q

Definition property law

A

branch of private law, concerns entitlement to property of things

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2
Q

Definition patrimonial law

A

Law governing complete body of assets and debts of a person

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3
Q

Ownership Germany: rule

A

par. 903 BGB

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4
Q

Ownership NL: rule

A

Art. 5:1 BW

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5
Q

Real property definition (UK)

A

Law relating to land

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6
Q

Personal property definition (UK)

A

Law relating to things outside the land law

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7
Q

Civil law approach to property law

A
  • Uniform approach

- Distinction between ownership and possession

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8
Q

Common law approach to property law

A
  • Fragmented approach

- No clear distinction between ownership and possession

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9
Q

Erga omnes

A

Against everyone

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10
Q

2 elements of erga omnes principle

A
  • Droit de suite = right follows the object

- Droit de Preference = property right stronger than any personal right with regard to the object

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11
Q

Numerus clausus

A

Principle that limits the number and content of property rights available

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12
Q

Numerus clausus France: rule

A

Art. 543 CC

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13
Q

Numerus clausus NL: rule

A

Art. 3:81(1) BW

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14
Q

Numerus clausus UK: rule

A
  • National Provincial Bank v Ainsworth (1965)

- Keppel v Bailey

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15
Q

Principle of specificity

A

Must be clear to which objects the rights apply

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16
Q

Principle of publicity

A

Property rights on object clear to the public

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17
Q

Principle of transparency

A

Principle of specificity + publicity

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18
Q

Nemo dat rule

A

One cannot give away more than one has

19
Q

Prior tempore rule

A

Oldest rights do have priority over newer rights

20
Q

specific rules

A

limited rights have priority over fuller rights

21
Q

Protection of ownership EU: rule

A

Art. 1 First Protocol ECHR

22
Q

Ownership definition

A

Legal entitlements a person has with respect to a specific object

23
Q

Possession definition

A

factual control over an object

24
Q

Functions of possession

A
  • Publicity function, indication of who is the owner
  • Prevention of unlawful behavior
  • Preservation of peace within society
25
Q

Legal presumption possessor-owner France: rule

A

Art. 2276 CC

26
Q

Legal presumption possessor-owner Germany: rule

A

par. 1006 BGB

27
Q

possession as a prerequisite of acquisitive prescription France: rule

A

Art. 2255 CC

28
Q

Protection of possession France: rule

A

Art. 2278-2279 CC

29
Q

two factors for establishment possession France

A
  • Corpus = actual control of the thing

- Animus domini = intention to hold the thing as an owner

30
Q

Detentorship France: rule

A

Art. 2256 CC

31
Q

Joint possession Germany definition

A

shared possession

31
Q

Joint possession Germany definition

A

shared possession

32
Q

Direct possessor Germany definition + rule

A

Person who has real control over object, par. 854(1) BGB

33
Q

End of direct possession Germany: rule

A

Par. 856 BGB

34
Q

Indirect possessor Germany definition

A

Person who exercises its possession over the object by way of representativeness by another person

35
Q

Possession France: rule

A

Art. 2261 CC

36
Q

Possession Germany: rule

A

par. 872 BGB

37
Q

Revindication France: rule

A

Art. 2276 CC

38
Q

Revindication Germany: rule

A

par. 1006 + 985 + 891 BGB

39
Q

Possessory protection France: rule

A

Art. 2278 CC

40
Q

Possessory protection Germany: rule

A

par. 859(1) + 859(2) BGB

41
Q

Claim definition

A

Personal right, represents a value

42
Q

Claims in France/Germany/UK/NL

A
  • droit de creance
  • a right to a debt
  • Forderung
  • schuldvordering

Comparative property law, week 1 (5 decks)

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