ground rules of property Flashcards
nemo dat rule
one cannot transfer more than one has
numerus clausus
there is a limit to the number of property rights one can have
prior tempore rule
older property rights have priority over newer ones
accessorily rule
the existence of security rights depends on an existing underlying debt
special protection rule
any property right is given special protection, given its strong nature
unitarity concept of ownership (civil law)
you cannot have 2 people holding the same right - in content - on the same object
fragmentation (common law)
when 2 people can claim the same right over one object
limited rights priority …
over fuller rights
property right
an absolute right with effect era ones to which ground rules apply
droit de suite
the right follows the object
droit de preference
the right is stronger than any personal rights w regard to the object & enforceable immediately ?
how do property rights get destroyed?
a) cease to exist
b) by prescription
c) by accession