Production, Commingling, Combination

Question 1

Explain the unity principle

Answer 1

-Common opinion what is regarded as a uniot is treated as such in law

Question 2

Explain your rights towards a wheel you stole from Hema, but successfully managed to put as part of your own bike

Answer 2

• you own bicycle
• you put the wheel as part of the bike
  -it gets subsumed into the whole unit
  -unity principle (despite lack of equity)
  -parts not individual things anymore juded as a whole unit
  -extends into concept of COMBINATION

Question 3

Explain what production is

Answer 3

• The creation of a new good
  -can tell from common opinion, change in form of appearance, etc

Question 4

who is the owner of the materials used for production?

Answer 4

• Owner of the final product

Question 5

Define what combination is

Answer 5

-Separate goods combined

Question 6

Explain the effects on ownership when combination occurs

Answer 6

-owner of the principle things, owns the goods attached to it
- Hard to divide the goods, without damage

Question 7

What is the Dutch Civil Code article on combination

Answer 7

Art 5;14(1)

Question 8

How can we determine when a separate good becomes part of a whole according to the Dutch Civil Code?

Answer 8

-Is it a component part of the thing (Art. 3:4
-commonly thought to be a part of thing
-cannot be seperated without substantial damage

Question 9

Explain what commingly is

Answer 9

-Goods mixed into an indivisible mass

Question 10

What are the effects of comminglig

Answer 10

• hard to identify what belongs to who
  -hard to identify goods to see whose the owner of each?
  -Co-ownership

Question 11

Where ais the article concerning commingling in Dutch Civil law?

Answer 11

-Art. 5:15 Dutch Civil Code

Question 12

do you split ownership of constituents for production, commingling or combination?

Answer 12

• ONLY COMMINGLING

Question 13

When is something considered ‘the principal thing’ in Dutch law

Answer 13

• Art. 5:14, par. 3 DCC
  -value CONSIDER. exceeds other componenets
  OR
  -Commonly regarded as principle things

Question 14

What is the exception for ownership in terms of production?

Answer 14

• When you knowingly use other people’s goods against that person’s consent

Question 15

Which legal orders diverge from dutch law in terms of combination?

Answer 15

• French law
  -German law (essential or non essential things)

Question 16

Which article of the DCFR talks about comibination?

Answer 16

• Art VIII.-5:203

Question 17

Which article of the DCFR DEFINES commingling

Answer 17

-Art. VIII-5:202(1)