ACQUISITION

Question 1

What are real rights?

Answer 1

Rights in things enforceable against anyone who interferes with them

Question 2

What is a good faith possessor?

Answer 2

Someone who possesses something in belief that they are the owner

Question 3

What is derivative acquisition?

Answer 3

Derives from someone else

Question 4

What is original acquisition?

Answer 4

No previous owner

Question 5

What is occupatio?

Answer 5

Acquisition of property that is unowned

Question 6

What is accessio?

Answer 6

Occurs when an accessory thing becomes attached to a principle thing and is subsumed and loses its identity

Question 7

What is mixture and confusion?

Answer 7

Merger of things that is inseparable - mixing two different wines

Question 8

What is specificatio?

Answer 8

When a completely new thing arises from a merger and cannot be turned back into its original state

Question 9

What is fruits?

Answer 9

Fruits of a thing belong to an owner of a thing

Question 10

What happens if a good faith possessor takes the fruits?

Answer 10

They become owner on separation and only accountable to any unconsumed fruits

Question 11

What is treasure trove?

Answer 11

If a man finds treasure on his own land he can keep it all but if he finds it on someone else land he can only keep half

Question 12

What is usucapio?

Answer 12

When someone becomes owner after possessing something for over a certain period of time

Question 13

What is the length of time for uninterrupted possession of moveables?

Answer 13

Three years

Question 14

What is the length of time for land?

Answer 14

10 years if in same province and 20 years if in a different province

Question 15

What type of conveyance is traditio?

Answer 15

Informal conveyance

Question 16

What is the first requirement for traditio?

Answer 16

The thing being transferred has to be capable of acquisition

Question 17

What is the second requirement for traditio?

Answer 17

The transferor had to have the capacity to give ownership and the transferee had to have the. capacity to receive it

Question 18

What is the third requirement for traditio?

Answer 18

The transferor had to intend to transfer ownership and the transferee had to intend to revive ownership

Question 19

What is the fourth requirement for traditio?

Answer 19

No one could give what he did not have

Question 20

What is the fifth requirement for traditio?

Answer 20

There had to be physical transfer of possession or the equivalent in law

Question 21

What is traditio brevi manu?

Answer 21

When someone is already in possession of something and. wants to acquire ownership and the owner is happy to do so and the possessor can become owner without giving it back. The original owner does not need to re-deliver the item

Question 22

What is constitutum possessorium?

Answer 22

When someone is made a new owner without physically having possession of the thing

Question 23

What is traditio longa manu?

Answer 23

When you receive delivery by being put into the sight of the land

Question 24

What is symbolical delivery?

Answer 24

When a new owner is made as soon as the keys are handed over

Question 25

What is a claim in personam?

Answer 25

Claim against a person who owes you something

Question 26

What is a claim in rem?

Answer 26

Claim in relation to a particular piece of property and can be enforced against anyone

Question 27

What is vindicatio?

Answer 27

An action in rem to recover things that have been wrongfully taken from us

Question 28

What are the types of subordinate real rights?

Answer 28

Praedial servitudes, personal servitudes and rights n security

Question 29

What are praedial servitudes?

Answer 29

Enables owner of one piece of land who we call the benefitted tenement to do something on a neighbouring piece of land in separate ownership

Question 30

What are the different types of praedial servitudes?

Answer 30

Iter - right of pedestrian access
Actus - right of driving beasts or vehicles
Via - includes rights of iter and actus

Question 31

How many rules are there governing the operation of servitudes?

Answer 31

Seven Rules

Question 32

What is the first rule of operation of servitudes?

Answer 32

Has to be separate immoveable properties in separate ownership in order for one property to have servitude rights burdening another

Question 33

What is the second rule of operation of servitudes?

Answer 33

The owner of the burdened land was not required to do anything but could refrain from doing something

Question 34

What is the third rule of operation of servitudes?

Answer 34

The servitude could only be used for. the benefit of the dominant or benefitted land

Question 35

What is the fourth rule of operation of servitudes?

Answer 35

The two properties had to be reasonably close to the other

Question 36

What is the fifth rule of operation of servitudes?

Answer 36

The servitude could not become overly burdensome

Question 37

What is the sixth rule of operation of servitudes?

Answer 37

The servitude had to be exercised reasonably

Question 38

What is the seventh rule of operation of servitudes?

Answer 38

Praedial servitudes were perpetual - they ran with the land

Question 39

What are personal servitudes?

Answer 39

Burdening of land in favour of a benefitted person

Question 40

What is real security?

Answer 40

When someone is wanting to borrow a large loan the creditor may ask the debtor for a guarantee - this can be a person or valuable item as security