introduction and Original Acquisition Flashcards
define common law
laws developed from disputes i.e. a new rule is announced in the course of resolving a dispute.
define civil law
rules are formulated in advance in the authoritative text
what is foundations of private law
the rules built up from Roman Law
in rem
law of property. We claim that some corporeal thing is ours or that we are entitled to something. Enforceable against the whole world.
in personam
law of obligations. Someone owes us something. Personal rights. Rights against individual persons.
real rights
rights in things which are enforceable against anyone
name four types of real rights
- ownership
- usufruct
- servitudes
- real security
which of the real rights can the others not exist without
ownership
define ownership
is a right in a thing and it can be enforced against the world. The relevant action is the vidicatio.
difference between possession and ownership
possession is in essence a question of fact and by contrast ownership is question of right
animo et corpore
have possession by the mind and by the physical act
in order to possess something you must……..
have effective power of control over it
what is the good faith possessor
someone who possesses a thing in the honest belief that he is the owner, even though he is not
what are the two types of acquisition
derivative acquisition of ownership and original acquisition of ownership
what is derivative acquisition
when the previous owner conveys or transfers ownership to another
what is original acquisition
when a person acquires ownership of a thing without deriving the title from any previous owner