Cluster 2 - Property Law Flashcards
How are objects classified under property law? (Give examples)
1.Tangible - Immovable(land),Movable(cars)
Intangible
(IP[copyright,patents]), (Rights,Claims)
What other areas of law
can limit this right?
It has some limits, as both public and private law limit what one can do with their tangible objects.
What is revindication in
civil law?
Revindication – legal action to regain possession of a tangible object.
What do security rights
allow for the owner?
How can they be
exercised by the right
holder?
Security rights are LPRs that allow the owner to utilize a value of an object. They give
the right holder a security that if the grantor doesn’t fulfil an obligation to pay (back) some $, the right holder might exercise their property right and take the object.
Give examples of security
rights for immovable and
for movable objects.
For immovables: hypotheca (civil law), mortgage charge (common law).
For movables and intangibles: a pledge (=charge)
Define insolvency.
What is patrimony?
What are the steps taken
by the creditors in case
of insolvency?
Insolvency – the state of being unable to pay the debts by debtor timelessly. The
creditor can then go to court and have them declared bankrupt. Then, all that a person has and owns (=patrimony) is tallied up, and all assets are equally divided
amongst creditors (equal to their share).
Name 3 ways of
obtaining ownership.
1) Take possession of an object that had no owner
(finding/registration – in the past could be for land)
2) Create an object yourself
3) Transfer of ownership.
What 2 kinds of transfer
can be distinguished?
(specific transfer of good or general transfer, such as inheritance or merger)
What is required for a
valid transfer?
- Title or reason for transfer (=cause, intention) (e.g. sales contract, gift)
- Power to dispose (the “disposing” party must have the ownership rights).
- Delivery
o Movables:
Hand over the possessions
o Immovables
Notarial deed (registered in public land registry)
o Claims
Notification
Notarial deed
o Intellectual property
Deed (+ sometimes registration required)
can be tricky, must say “the IP is hereby transferred”
Name 1 limitation to
property rights.
Statute of limitations for property rights: If someone has possessed something for a
very long time, they automatically can become the owner of that thing
How does reservation of
ownership work?
Ownership can be reserved until the full payment has been made
Acquisition
The action of accquiring something that has been rennounced.
What do non transferability clauses
refer to? Give an
example.
Non-transferability clause – reserving the ownership by a company in such a way
that a consumer can never become the owner
