Chapter 1 Flashcards
What is a legal object
It is defined as an object with which a legal subject has legally recognized relationship.
Legal objects can be defined into four categories
1- Things
2- Performances
3- Immaterial Property
4- Personality Property
Define a thing
It’s an independent part of corporeal world, which is external to humans and subject to human control, as well as useful and valuable to humans.
Distinguish between a real relationship and a real right
Real relationship is a particular legal relationship between one or more legal subjects and a thing.
There are usually two sides to a real relationship
1- subject and object
2- subject and subject
The most important real relationships can be divided into three categories, namely
1- Ownership (real right)
2- Possession (real relationship)
3- Holdership (real right)
What is the Definition of a real right
It’s a lawful real relationship between a legal subject and a thing which confers direct control over the thing on the legal subject, as well as the relationship between the legal subject and all other legal subjects who must respect this relationship.
Explain the function of the law of things
1- Strives to harmonies the relationship or regulate various competing ownership rights, especially between neighboring owners.
2- Strives to harmonize and regulate owners rights in regard to his or her thing with rights of other limited real rights holders to the same thing.
3- It controls the acquisition, protection and extinction of things and real rights.
Explain the definition of a real remedy
Can be defined as the legal process with its own purpose for which certain requirements are set and which protects maintains or restores a particular real relationship in a specific way.
What is a legal subject
A legal subject is any person capable of acting as a subject in legal relationships and acquiring rights and incurring duties in the process.
Explain the definition of entitlements
Legal subject who acquires real right from a lawful relationship is usually entitled by the legal order to perform certain acts in connection with the thing.
E.g. Owner may sell the thing, servitude holder may use the thing, and a pledgee may use the thing as security.