Foundations of Private Law

Question 1

For Law of Property, what is it a claim in?

Answer 1

A claim in rem

Question 2

For Law of Obligations

Answer 2

A claim in personam

Question 3

What does a claim in rem (Law of Property) allow an owner to do?

Answer 3

A claim in rem allows the owner to assert his/her direct relationship over a thing, by recovering it from the other holder

Question 4

When do claims in personam arise in law of olbigations?

Answer 4

they arise when person D owes him/her a duty arising from some legally recognised transaction that went wrong

Question 5

Do property law and obligations law have anything to do with one another?

Answer 5

No

Question 6

What are the two types of possession?

Answer 6

Natural possession or detention

Question 7

How is possession protected?

Answer 7

Possession is protected as possessors have possessory interdicts as they have remedies by which they can restrain others from interfering with his possession
-He can also recover possession from anyone that dispossessed him

Question 8

What can owners do to a possessor of a land?

Answer 8

An owner can assert his ownership through vindicatio

Question 9

what is a good faith possessor?

Answer 9

A good faith possessor is a person who is in possession of a thing thinking that he/she is the owner

Question 10

What rights do good-faith possessors have?

Answer 10

they have certain rights of compensation against the true owner but no absolute rights against the real owner