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Comparative property law, week 1 > Week 3 > Flashcards

Week 3 Flashcards

1
Q

Prescription

A

acquisitive or extinctive

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2
Q

Acquisitive definition

A

one gains a right due lapse of time

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3
Q

Extinctive definition

A

losing a right due to the passing of time

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4
Q

extinctive division

A
  • strong effect (right itself lapses)

- weak effect (only action lapses)

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5
Q

Good faith prescription France: rules

A

art. 2258 + 2272 + 2266 CC

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6
Q

Prescription with/without good faith France

A
  • with = 10 years of possession

- without = 30 years of possession

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7
Q

good faith prescription NL: rules

A

art. 3:118 + 3:107 + 3:99 + 3:306 BW

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8
Q

Prescription with/without good faith NL

A
  • with = 10 years of possession

- without = 20 years of possession

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9
Q

good faith prescription Germany: rules

A

par. 900 + 937 BGB

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10
Q

Prescription with/without good faith Germany

A
  • with = 10 years of possession

- without = 30 years of possession

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11
Q

Adverse possession UK

A

same effect as prescription

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12
Q

2 ways of transferring property

A
  • Traditional system

- Consensual system

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13
Q

Traditional system countries

A
  • NL: Art. 3:84(1) + 3:90(1) + 3:89(1) BW

- Germany: Trennungsprinzip

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14
Q

Consensual system countries

A
  • France: Art. 1138

- UK: S. 17(1) Sales of Goods Act 1979

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15
Q

Causal system definition

A

Contract itself transfers ownership

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16
Q

Causal system countries

A

France + UK

17
Q

Causal traditional system

A

NL

18
Q

Res perit domino rule (France)

A

owner of an object bears the risk of accidental damage or loss

19
Q

Abstract transfer system definition

A

Act of transfer independent from the validity of the contract

20
Q

Abstract transfer system country

A

Germany

21
Q

Positive registration system

A

quiet active, checks consent + content of transfer

22
Q

Negative registration system

A

passive, only checks formalities, not for actual content

23
Q

Transfer of land Germany: rule

A

par. 873 BGB

24
Q

Notarial deed Germany: rule

A

par. 925 BGB

25
Q

Vormerkung Germany

A

Prevents uncertainty, par. 883 BGB

26
Q

Transfer of land 2 systems UK

A
  • transfer by deeds

- transfer by registration in land register

27
Q

transfer of land UK: rule

A

Law of Property Act section 2

28
Q

Transfer of land NL: rule

A

Art. 3:84 BW

29
Q

2 theories on limited property rights

A
  • Demembrement (subtraction) theory

- Limitation theory

Comparative property law, week 1 (5 decks)

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