ACQUISITION Flashcards
What are real rights?
Rights in things enforceable against anyone who interferes with them
What is a good faith possessor?
Someone who possesses something in belief that they are the owner
What is derivative acquisition?
Derives from someone else
What is original acquisition?
No previous owner
What is occupatio?
Acquisition of property that is unowned
What is accessio?
Occurs when an accessory thing becomes attached to a principle thing and is subsumed and loses its identity
What is mixture and confusion?
Merger of things that is inseparable - mixing two different wines
What is specificatio?
When a completely new thing arises from a merger and cannot be turned back into its original state
What is fruits?
Fruits of a thing belong to an owner of a thing
What happens if a good faith possessor takes the fruits?
They become owner on separation and only accountable to any unconsumed fruits
What is treasure trove?
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
What is usucapio?
When someone becomes owner after possessing something for over a certain period of time
What is the length of time for uninterrupted possession of moveables?
Three years
What is the length of time for land?
10 years if in same province and 20 years if in a different province
What type of conveyance is traditio?
Informal conveyance
What is the first requirement for traditio?
The thing being transferred has to be capable of acquisition
What is the second requirement for traditio?
The transferor had to have the capacity to give ownership and the transferee had to have the. capacity to receive it
What is the third requirement for traditio?
The transferor had to intend to transfer ownership and the transferee had to intend to revive ownership
What is the fourth requirement for traditio?
No one could give what he did not have
What is the fifth requirement for traditio?
There had to be physical transfer of possession or the equivalent in law
What is traditio brevi manu?
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
What is constitutum possessorium?
When someone is made a new owner without physically having possession of the thing
What is traditio longa manu?
When you receive delivery by being put into the sight of the land
What is symbolical delivery?
When a new owner is made as soon as the keys are handed over
What is a claim in personam?
Claim against a person who owes you something
What is a claim in rem?
Claim in relation to a particular piece of property and can be enforced against anyone
What is vindicatio?
An action in rem to recover things that have been wrongfully taken from us
What are the types of subordinate real rights?
Praedial servitudes, personal servitudes and rights n security
What are praedial servitudes?
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
What are the different types of praedial servitudes?
Iter - right of pedestrian access
Actus - right of driving beasts or vehicles
Via - includes rights of iter and actus
How many rules are there governing the operation of servitudes?
Seven Rules
What is the first rule of operation of servitudes?
Has to be separate immoveable properties in separate ownership in order for one property to have servitude rights burdening another
What is the second rule of operation of servitudes?
The owner of the burdened land was not required to do anything but could refrain from doing something
What is the third rule of operation of servitudes?
The servitude could only be used for. the benefit of the dominant or benefitted land
What is the fourth rule of operation of servitudes?
The two properties had to be reasonably close to the other
What is the fifth rule of operation of servitudes?
The servitude could not become overly burdensome
What is the sixth rule of operation of servitudes?
The servitude had to be exercised reasonably
What is the seventh rule of operation of servitudes?
Praedial servitudes were perpetual - they ran with the land
What are personal servitudes?
Burdening of land in favour of a benefitted person
What is real security?
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
