Head 1 - Introduction Flashcards
What kind of law is Scottish property law?
Civilian (Roman)
What is property law concerned with?
Things (res) and Rights (jus/Jura) which exist in respect of them
What is a real right?
A right directly in a thing (jus in rem). Real rights are more powerful than personal rights and affect third parties
What are the two types of real rights?
Principal real rights and subordinate real rights
What is an example of a principal real right?
Ownership (dominium)
Examples of a subordinate real right (Jura in re aliena)
Lease of land, proper life rent, servitude, real burden, right in security
Examples of personal right (jus in personum)
Right in contract, delict, unjustified enrichment, beneficiary under a trust
Difference between personal and real rights
Personal rights are enforceable against a particular person or determinate group if people
Real rights are enforceable against ‘the world’
What are the classification of things (property)?
The first classification is that things (property) can be corporeal and incorporeal (rights)
The second classification is that things can be heritable (immoveable) and heritable
What are the 4 classes of heritable and moveable property?
- Corporeal heritable property (land)
- Corporeal moveable property
- Incorporeal heritable property
- Incorporeal moveable property
What is a patrimony?
Patrimony (or ‘estate) means the totality of assets and liabilities held by a person or by a person in a particular capacity
What are the rules concerning patrimony?
Personality implies patrimony and generally one person = one patrimony
However, the law of trusts a person who is a trustee has two patrimonies:
- A trust patrimony
- A private patrimony
What is a patrimonial right?
A patrimonial right is a right with an economic value (e.g. land or ownership of moveable property e.g. bicycle)
- Contractual rights are patrimonial too
- A patrimonial right means an asset
A non patrimonial right includes (the right to marry, have a passport etc.)
