Property Law Flashcards
Principles of property Law
Droit de suite, nemo plus, priority, specificity, publicity, Numerus clausus
Law of obligations v property law case
Noorlander v Ligtvoet
Ownership in the Eu v UK case
Armory v Delamirie
Numerus clausus - two requirements
Typenzwang and Typenfixierung
Unity principle
That what to common opinion is regarded as a unit is treated as such in law too
Principle of specificity v commingling case
Texiera de Mattos
How do we define what a new good is?
Change:
• “In form, external appearance or deisgn”
• “Of function or usage”
• “In essence or character”
• “Of name” ( e.g. if you build a motorcycle, then the names of the goods used become the name motorcycle)
• “In value” - not an indicator in and by itself; you need one more indicator form above.
How do you determine if something is the principal part? (Factors)
Essence, function, value
Obligatory agreement v real agreement
The obligatory agreement refers to the obligation of the parties to fulfill the conditions they have agreed to under the contract, including, for the seller, of the transfer of the delivery. Obligatory agreement = contractual agreement.
The delivery agreement is about the time and place and conditions governing the actual delivery of the goods and it is absolutely necessary to be fulfilled in order for transfer of ownership to pass to the other party. Real agreement = lies with the delivery. More explicit with immovable property (need of notarial deed for the transfer)
Consensual system v tradition system
Abstract system v causal system
Lawfulness restriction of property conditions
Legal basis, legitimate aim, proportionality (suitability, necessity, proportionality stricto sensu)
Expropriation v deprivation differences
Loss of ownership, compensation
Individually excessive burdens conditions
Case on individual disproportionately affected by zoning; should you be compensated only for a plan of a building?
Flanders
Positive obligation of the state to protect proprietary interests of the individual
Oneryldiz v Turkey
Protection of environment v right to property
Hamer v Belgium
Common property v open access
Only a category of people are able to access and use it
Unity principle
When you own something, you own all of its’ separate parts as well
Superficies solo credit
If you own a piece of land, you own anything built on it, because land is the principal thing always
Cases on abuse of property right
Watermill case, the case on the noise of chickens and a rooster
Case on Art 8 ECHR - positive obligation of the State
Moreno
Constitutive v declaratory registration of property
Needed for the transfer (tradition system) v needed for opposability and third-party protection (consensual system)
Title v deed systems
Title - right itself is registered; deed - the notarial deed/document of an isolated transaction is registered
