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Flashcards in Termination of ownership Deck (7)
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Name the way in which ownership can be terminated. (5)

1. Death of the owner
2. Destruction of the property
3. Termination of physical control of the thing with the intention to be owner (animus domini), which happens if -
a. Transfer of ownership by the owner;
b. Passing of ownership by operation of law


Upon the death of the owner, who then becomes owner?

It is unclear who immediately becomes owner.


What is the Latin term for a thing that falls outside commerce?

Res extra commercium


Name the 3 ways in which legal relationship can be terminated

1. Transfer of ownership
2. Loss of physical control
3. Operation of law


What is the Latin term for a thing that is no longer owned?

Res nullius


In the case of loss of ownership by operation of law, does the owner always abandon the intention to be owner?

No, the owner always loses his control, but does not necessarily abandon animus domini.


Name 9 ways of termination by operation of law

1. Acquisitive prescrption
2. Accession (accessio)
3. Manufacture (specificatio)
4. Insolvency of the owner
5. Attachment and sale in execution
6. Forfeiture
7. Confiscation
8. Expropriation
9. Abandonment condition