Head 2 + 3: rights and things / becoming owner Flashcards
(14 cards)
Rights can be divided into 2 categories:
- Rights in a thing (real rights)
2. Rights against a person (personal rights)
Types of right in a thing?
- Ownership (principal real right)
2a. Right in security (subordinate real rights)
2b. Lease of land
2c. Proper liferent
2d. Servitude
2e. Real burden
Subordinate real rights stick to property…
Regardless of a change in ownership
In technical terms, if someone holds a lease they are the…
Owner of the lease
All rights (except ownership) are incorporeal property and can be…
Owned, whether they are real or personal
Two types of incorporeal heritable property
- Rights which are closely connected with land (usually real rights in land)
- Permanent rights not however connected with corporeal heritable property (e.g. titles and coats of arms, rights which have a tract of future time (e.g. annuities)
Incorporeal moveable property
Encompasses most incorporeal property
Patrimony means…
The totality of assets and liabilities held by a person, or by a person in a particular capacity.
Two main types of ways of becoming owner?
- Derivative acquisition
2. Original acquisition
Voluntary transfer requires both some public act or acts and mutual intention. Why?
Due to the publicity principle - since real rights can potentially affect everyone they require an element of publicity.
Voluntary transfer: property in question must be…
Sufficiently identified
Voluntary transfer: most transfers are preceded by a…
Contract.
For a valid contract, A and B must intend to enter into contractual relations, for a valid conveyance A and B must intend to transfer the property.
Voluntary transfer: the effect of conveyance is…
Instantaneous
Voluntary transfer: the transferor must have…
Legal capacity
