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property law > Week 1 > Flashcards

Week 1 Flashcards

(57 cards)

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1
Q

What is property law?

A

It concerns rights that a person has v considerable group of other persons concerning an object

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2
Q

Erga omnes

A

These rights apply v everyone

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3
Q

Absolute rights

A

Unlike personal rights (apply btw specific people), these apply more broadly

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4
Q

Droit the suite

A

If a right-holder’s object ends up with another person, the right-holder can demand its return from that person

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5
Q

droit the preference

A

a right that takes precedence over personal rights

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6
Q

Numerus clausus principle

A

It limits the number and type of property rights

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7
Q

Test of transparency

A
  • principle of specificity: object has to be clearly defined
    -publicity principle: information on property rights should be available for public knowledge
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8
Q

Lex Rei Sitae

A

the law where the object is located is applied

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9
Q

Nemo Dat Rule

A

You cannot transfer more rights than you actually have (exception: good faith)

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10
Q

Prior Tempore Rule

A

older rights usually take priority over newer ones

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11
Q

Accessority Rule

A

If Sarah takes out a loan and secures it with a mortgage on her house, the mortgage only exists as long as the loan is unpaid. Once Sarah repays the loan, the mortgage is canceled because the security right (the mortgage) is tied to the existence of the loan (the debt).

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12
Q

Corporeal objects

A

physical things. They can be touched

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13
Q

Incorporeal objects

A

non-physical things

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14
Q

Possession

A

factual control of an object, regardless of ownership

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15
Q

Different functions of possession

A
  • presumption of ownership
  • preservation of peace and order
  • it is a method to satisfy the publicity requirement
  • if one possesses something for a sufficiently long period of time, they become the owner
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16
Q

ownership

A

full legal title to an object (usus, fructus and abusus)

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17
Q

Rei Vindicatio

A

The owner’s right to reclaim an object from anyone who possesses it without permission

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18
Q

Actio Negatoria

A

injunction that allows an owner to prevent interference by 3rd parties

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19
Q

Doctrine of Abuse of rights

A

if the party acts with the sole intent of causing a nuisance to their neighbor

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20
Q

Neighbour law

A

the owner is forced by law to tolerate the neighbor entering his land
(FR: legal servitude)

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21
Q

Unitary ownership

A

One singular right over an object, held by multiple people

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22
Q

Co-ownership

A

There is always 1 ownership right. Equal access and entitlement (each co-owner can use and benefit from the entire property, though their share determines what they would receive If the property is sold %%%%)

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23
Q

Caquelard case

Study These Flashcards
A

Fragmented ownership-> separate ownership rights over different aspects of the same object (e.g. trees vs land). It is v the principle of unitary ownership

24
Q

Fragmentation of ownership

Study These Flashcards
A

2 or > people claim the right of ownership on the same object with different content

25
Secondary property rights
They offer limited entitlements over someone else's property without transferring full ownership
26
Real servitude
Right that allows the owner of one property (the dominant land) to use a part of a neighboring property (the servient land) for a specific purpose. Right is attached to the land (even if u sell the land, the servitude stays)
27
Real Servitude (civil law)
FR: legal servitude GR and NL: limitation of ownership
28
different ways to create a servitude
- contactual agreement (contract law)-> not erga omnes, however freedom of contract, quick and easy - right of servitude (property law)-> erga omnes, it pertains to the land
29
Personal servitudes
property rights that attaches to a person - usufruct - quasi usufruct - to use and habitation
30
Right of usufruct
It is connected to the life of a person. The right to use and enjoy a thing of the owner as well as a right to take the fruits this thing produces. The person has some obligations
31
Bare ownership
The owner of the thing (right of usufruct). He cannot use, enjoy or benefit from the thing. He still has the right to sell or transfer the property.
32
Quasi-usufruct
it applies to consumable items (e.g. food). Things that cannot be used without altering or consuming them
33
Right to use and habitation
They are attached to the person - to use: gives another the right to use land (both immovables and movables) - habitation (only on immovable): right to use a building to live in
34
Right of superficies
it allows some division of property without violating unitary ownership (e.g. building rights over someone else's land). Exception to the principle of accession
35
Principle of accession
it is not possible to separate the land with the thing on it
36
UK Secondary property rights
Lease-> usufruct Easement-> servitude
37
Trust (UK)
Settlor-> Trustee-> Beneficiary
38
Equity's darling
Requirements: - good faith - paid for it - did not know act the trust
39
Trust (GR)
through contract law with property effects Treugeber-> Treuhänder-> Beneficiary
40
Trust (FR)
contractual agreement Constituant-> Fiduciarie-> Beneficiary
41
Trust (NL)
NOT ALLOWED
42
Consensual Transfer System
person becomes owner of an object without delivery of possession being needed (solo consensu rule)-> contract suffices to pass ownership
43
Traditio Transfer system
delivery+separate real agreement
44
Causal Transfer System
Transfer is valid only if the underlying contract is valid
45
Abstract Transfer System
Ownership transfer does not require the validity of the contract
46
NL
Traditio and causal system
47
FR
Consensual causal system
48
GR
Tradition abstract system
49
Positive registration system
Active: registrar (judge) checks everything. State assumes liability for errors. GR+UK
50
Negative registration system
Passive: registrar only verifies formal aspect (e.g. identify). No state liability for errors. NL+FR
51
Community ownership (civil law)
A community owns the object in whole-> all individuals are co-owners - if it is a few people you list all the names in a deed - if it is a lot you make a company and then state that the company (all the members are part of) own the object
52
Community ownership (common law)
Trust. Beneficiary: owner in equity Trustee keeps ownership of land->owner in common law Individual cannot be all three. Individual cannot be trustee & beneficiary
53
Subtraction model
FR & NL. The owner's full rights are reduced when they create limited rights, as these rights are “subtracted” from ownership.
54
Limitation model
GR. Ownership remains absolute, but specific rights (like use or exclusion) are limited by the creation of a limited real right.
55
Paritas creditorum
in case of insolvency, all creditors should be treated equally
56
Personal security rights
involves a third party (person) who promises to be liable for the debt of the principal debtor.
57
Property security rights
it gives the creditor a specific right over a particular property or asset of the debtor.

property law (1 decks)

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