Chapter 4

Question 1

Explain inviolability of ownership

Answer 1

This refers to the principle that a person cannot loose his or her ownership without his or her consent, with its corollary that a person cannot pass a better title that he or she has. The principle is expressed in nemo plus iuris in alium transferre potest quam ipse haberet (no one may transfer more rights to another person than he himself has). eg. If x sells and delivers y thing to z, z doesn’t become owner of the thing. Although contract of sale is valid, y can claim thing from z with rei vindicatio.

Question 2

Explain the limitations of ownership

Answer 2

1- Law
    statutory limitations 
    neighbor law
2- Rights of other people
    limited real right

Question 3

Explain the nature of entitlements on ownership

Answer 3

Legal subject who acquires real right from a real relationship usually entitled by legal order to perform acts in connection with the thing, he may use or sell the thing. The capacity conferred on the legal subject by virtue of the right, in this case real right of ownership are called entitlements.

Question 4

The entitlements on ownership include entitlement to

Answer 4

1- Use the thing
2- Control the thing
3- Consume or destroy the thing
4- Alienate the thing
5- Burden the thing
6- Vindicate the thing

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Question 5

Explain the definition of ownership

Answer 5

Ownership is the most comprehensive real right that a person can to his or her thing. In principle a person can act upon and with his thing as her or she pleases. This freedom is restricted by the law and the rights of others.