Head 3 - Becoming owner

Question 1

What is the traditional distinction between becoming an owner of property?

Answer 1

The traditional distinction is between:
- Derivative acquisition and
- Original acquisition

Question 2

What are the main examples of original acquisition?

Answer 2

The main examples of original acquisition are:
- positive prescription
-Occupancy
-Accession
-Specification

Question 3

What is the main example of derivative acquisition?

Answer 3

The main example of derivative acquisition is acquisition by transfer. It is usually voluntary but occasionally it can be involuntary

Question 4

What are the requirements for a voluntary transfer?

Answer 4

The requirements for a voluntary transfer are
1. mutual intention and some public act or acts.
2. The property in question must be sufficiently identified (specificity principle)
3. Most transfers are preceded by contracts but the contract is distinguished from the ‘conveyance’
4. The transferor must be owner or act with the authority of the owner (nemo plus rule)

Question 5

What is the specificity principle?

Answer 5

The specificity principle requires that the property in question must be sufficiently identified.

Question 6

What distinguishes a contract from a conveyance?

Answer 6

A contract confers a personal right, while a conveyance confers a real right.

Question 7

What is the nemo plus rule?

Answer 7

The nemo plus rule states that a transferor can only transfer the rights that they themselves possess.

Question 8

What are the general features of creating a subordinate real right?

Answer 8

The general features of creating a subordinate real right include mutual intention, a public act, and legal capacity.

Question 9

What is derivative acquisition?

Answer 9

Derivative acquisition = acquisition from an existing owner / acquisition by transfer

Question 10

What is original acquisition?

Answer 10

Acquisition without reference to previous ownership