Chapter 1: Introduction Flashcards

1
Q
  1. Title (n)
A

Title: the infinite possession and lasts forever, legally language (title is a technically legal term that refers to a legal, legitimate right. It is a legally recognized ownership, by which one can exercise possession or property rights)

Adverse Possession: illegal = chiếm hữu trái phép
PrescriptionPossession: chiếm hữu đương nhiên sau khi hết 1 thời gian nhất định mà ko ai nhận) (recognize meaning the fact as an act ripe into a title over that)

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2
Q
  1. Possession (n)
A

Ordinary physical control over the property

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3
Q
  1. Inchoate title
A

Incomplete/ imperfect title -> simply its discovery; after definite title period since a point having changes of law.

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4
Q
  1. Intertemporal Law
A

The law which can be applicable at the time of its existence/incidents: Luật không hồi tố

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5
Q
  1. Territorial occupations (requirements)
A
  1. Animus occupandi (intention to exercise sovereignty)

2. Corpus occupandi (actual taking)

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6
Q
  1. Contiguity
A

(Proximity) The theory of land title for the closet countries -> but it is not a good theory -> easily get dispute

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7
Q
  1. Hinterland doctrine
A

(Behind the land): Title of the land behind the coast line belongs to the country have title of the coast line

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8
Q
  1. Westphalian legal
A
  1. Providing security to pp egainst external attacks

2. Excluding harmful effects

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9
Q
  1. New changes - Self determination
A

UN: “friendly relations among nations based on respect for the principle of equal rights and self-determination of pp”

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10
Q
  1. Jus cogens
A

A norm is accpepted and recognized by international community as a whole

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11
Q
  1. Status quo
A

Thuật ngữ La tinh có nghĩa là giữ nguyên hiện trạng

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12
Q
  1. Traditional modalities of AoTS (types)
A
  1. Discovery
  2. Symbolic Acivities
  3. Contiguity
  4. Occupation
  5. Precription
  6. Uni Possidetis Juris
  7. Equity
  8. Cession
  9. Accretion
  10. Conquest
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13
Q
  1. Modalities of acquisition
A
  1. Discovery,
  2. Symbolic acts,
  3. Occupation
  4. Contiguity
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14
Q
  1. Modalities of transfer
A
  1. Prescription,
  2. Cession,
  3. Conquest,
  4. Self-determination
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