property rights definitions

Question 1

possession

Answer 1

factual control over an object couples with the intention to control. has to elements: animus + corpus

Question 2

animus

Answer 2

intent to possess, to have something for oneself

Question 3

corpus

Answer 3

control over an object, have physical exercise of power oven an object, located within person’s sphere of influence, max exert control in individual acts without hindrance

Question 4

iusta possessio

Answer 4

unflawed possession, allows for possessor to apply for interdict to safeguard his possession, prerequisite is obtaining possession nec vi, nec clam, nec precario

Question 5

possessio civilis/ex iusta causa

Answer 5

possession resulting from a valid title

Question 6

iusta causa

Answer 6

any legal transaction that aims at the transmission of ownership (sale, donation, loan, grant)

Question 7

furtum

Answer 7

taking an item of value belonging to another person with the intent to enrich himself (larcenous intent, dolus malus), only with moveable property

Question 8

furtum manifestum

Answer 8

open theft, thief pays four times the value of object

Question 9

furtum nec manifestum

Answer 9

secret theft, thief pays twice the value of object

Question 10

original possession

Answer 10

acquiring possession which may be effected exclusively by a person’s own actions, without the aid of the previous possessor

Question 11

derivative possession

Answer 11

acquiring possession which relies on the assistance of the previous possessor, who transfers control over the thing and thus possession of it

Question 12

traditio

Answer 12

transfer of proprietary possession by delivery, also for non romans, informal act of disposal, transfers civil-law ownership of res nec mancipi, bonitarian of res mancipi (can be usucapitated)
prerequisites: 1. authorisation 2. transfer of possession 3. title (based on iusta causa)

Question 13

oculis et affectu

Answer 13

1. in the presence of the goods, buyer and seller agree that latter will deliver them to buyer’s steward
2. debtor and creditor agree in the presence of the pieces of money that are owed that debtor is to deliver these coins to third party
3. in the presence of an extraordinarily heavy object, they agree on transfer of possession
4. seller hands over wine keys to cellar where wine is

Question 14

traditio brevi manu

Answer 14

detentor may acquire possession by arrangement with possessor, they agree possessor gives up animus rem sibi habendi, detentor intents to hold asset in his own name

Question 15

constitutum possessorium

Answer 15

possessory agreement, possession acquired if someone develops animus rem sibi habendi in regard of a thing not in his possession yet, arrenges for possessor of object to hold it in buyer’s name in future

Question 16

iussum

Answer 16

dominus orders the person in his power to make one particular transaction

Question 17

peculium

Answer 17

dominus gives person a general authorisation to acquire possession within its framework, a certain asset which the dominus allows a person in his power to manage independently

Question 18

custodia

Answer 18

factual control over movables, exerting control over an object to the extent that they can at any time lay hands on it or bring it into their immediate sphere of influence, party is held responsible for safekeeping an object

Question 19

ownership

Answer 19

property right that gives a person exclusive control over a thing, most encompassing right of all rights in rem

Question 20

consortium ercto non cito

Answer 20

institution based on ancient roman inheritance law, when the father of the family dies, his daughter, son, wife become sui iuris, they succeed into the legal position occupied by him prior to death, jointly owned by all members, once terminated every heir becomes sole owner of his share

Question 21

condominium

Answer 21

each of the joint owners owns a share (quota) of the property, each of them is entitled to make dispositions regarding his own share, valid disposition over entire property requires cooperation of all owners, one owner makes disposition of entire property without consent it is valid only for his own share

Question 22

usucapio

Answer 22

acquisition of original possession by means of qualified ownership over a statutory period of time
1. deficiency in form 2. legal deficiency –> requirements (res habilis, titulus, bona fides, possessio, tempus)

Question 23

occupatio

Answer 23

someone who has taken an ownerless thing (res nullius) into his possession, they become owner, original mode of acquisition
requirements: open and secure possession

Question 24

bona fidei possessor

Answer 24

person who mistakenly, but in good faith believes himself to be owner of mother object

Question 25

mancipatio

Answer 25

highly formalised absract act of conveyance by means of which ownership of res mancipi may be transferred between roman citizens, and as a result transferee acquires civil law ownership prerequisites: 1. vendor's civil law ownership 2. successful completion of formal act

Question 26

in iure cessio

Answer 26

abstract, derivative act of conveyance which has to fulfil certain requirements, transfer of civil-law ownership of res mancipi and res nec mancipi

Question 27

principle of consensus

Answer 27

French civil code, ownership passes when the parties reach consensus about the contract

Question 28

abstract conveyance

Answer 28

German civil code, moveable may be conveyed when the owner gives the object to the acquires and they both agree that ownership passes

Question 29

casual conveyance

Answer 29

Austrian civil code, ownership may be acquired by means of transfer and receipt, depends on the legally recognised title and legal act of conveyance

Question 30

consuetudo revertendi

Answer 30

animals that are wild by nature, but have been tamed by humans, are privately owned as long as they remain tame and habitually return to their owner (not pets)

Question 31

fructus

Answer 31

recurring goods or income produced or derived from property without diminution or destruction of the property's substance

Question 32

seperatio

Answer 32

a bona fide possessor of fruit bearing property acquires ownership of the fruits upon seperation

Question 33

ususfructus

Answer 33

personal, non-hereditary, real right of use in moveable or immovable property, acquires ownership when he gathers them

Question 34

perceptio

Answer 34

gathering of fruits

Question 35

accessio

Answer 35

addition of something belonging to another to an object --> accessio cedit principali, superficies solo cedit

Question 36

aedificatio

Answer 36

building belongs to the owner of the ground on which it stands, provided it rests on a fundament that is firmly connected to the ground

Question 37

confusio/commixtio

Answer 37

blending/mixing of liquids or solids belonging to different owners, each of the parties may reclaim his share by rei vindicatio --> equivalent to the quantity or value of contribution

Question 38

specificatio

Answer 38

someone who by the application of creative effort transforms an object belonging to a third party into a thing of a different nature Sabinians: owner of original material remains owner of new product Proculians: object ceases to exist, ownership rights cease to exist also, new object created, first belongs to nobody, then to person who transformed it Media Sententia: if process reversible, sabinians have right - if irreversible, proculians do

Question 39

servitudes

Answer 39

limited rights in rem in another's property, which forces the owner to grant to another the exercise of a right, or to abstain from exercising a right otherwise belonging to the owner (cannot entail an obligation to act)

Question 40

ususfructus

Answer 40

most extensive of all personal servitudes, the right to make use of and derive fruits from the property of another while preserving its substance

Question 41

emphyteutic lease

Answer 41

hereditary lease, alienable and hereditary real right to use a piece of land against payment of rent, protected by rei vindicatio utilis

Question 42

superficies

Answer 42

hereditary building right

Question 43

pignus/pledge

Answer 43

a contract in which goods or property are given as security for a debt or obligation

Question 44

right of pledge as a right in rem

Answer 44

right to another's pledged property, entitles the pledgee to satisfy his claim against the debtor from the proceeds of his pledges property if the debtor fails to pay on the due date of the secured debt requirements: 1. monetary claim 2. ownership/authorisation 3. conventio pignoris

Question 45

non-possessory pledge/lien

Answer 45

pledger retains possession of the pledged property

Question 46

possessory pledge

Answer 46

pledged property is handed over into the custody of the pledgee

Question 47

contract of pledge

Answer 47

real contract between pledger and pledgee which specifies the contractual obligations between them, it comes into being upon delivery of the pledged property requirements: conventio + datio

Question 48

conventio pignoris

Answer 48

agreement between pledger and pledgee that the pledged property serves to secure the creditor's claim against the debtor, act of conveyance under property law

Question 49

pignus tacitum

Answer 49

tacit pledge agreement, implicitly grant the other party a non-possessory right of pledge