Unit 2- Acquisition of Real Rights Flashcards
what is the acquisition of real rights regulated by?
art 531-1 CCC and art 609 SCC
what is required for to transfer and acquire property?
the realisation of the delivery is required.
what is appropriation?
taking something as yours that does not have an owner. mere possession.
leading case for appropriation?
Pierson v Post- wild fox dispute
who is entitled to the claim of recovery?
everyone
what is delivery?
handing over the property from the seller to the buyer.
what are the different types of delivery?
actual delivery; symbolic delivery (handing over of keys); instrumental delivery (notarial deed); recordation at the property registry; constructive delivery
how can property be delivered if there is no physical content?
by the handover of titles or; by instrumental delivery
what is usucapio?
type of acquisition. the acquisition effect occurs without the need for the person acquired by usucapio to take any action.
possession + time = ownership.
what are the elements necessary to acquire title by adverse possession?
the possessor must prove that his possession was: 1) continuous 2) open 3) hostile and adverse and 4) exclusive. if all of the requirements are met then the original owner can no longer object the adverse possessor, who has acquired the title to possess.
are river beds private or public property?
public property.
what is the time period to acquire adverse possession in Catalan law?
3 year for movables and 20 years for immovables
what is the time period to acquire adverse possession in Spanish law?
3 years (in good faith) for movables; 6 years for movables; 10 years (in good faith and title) for immovables; and 20 years (without good faith but title) for immovables.
