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Contract Law > Property Law > Flashcards

Property Law Flashcards

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1
Q

Absolute rights

A

Absolute property rights pertaining to the object of the right

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2
Q

Erga omnes

A

Absolute rights = against everyone

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3
Q

Types of objects

A

Tangibles -> Land, building
Intangibles -> Trademarks, claims

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4
Q

Droite de suite = “Right to follow”

A

The owner does not lose his right if it is not in its possession
-> Right follows the object!

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5
Q

Freedom of ownership

A

Establishes that objects are free transferable unless explicitly prohibited

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6
Q
  1. Civil law property
    Give 3 characteristics:
A
  • Unitary system (no distinction btw movables and immovables)
  • Only ONE owner
  • Away from feudal system
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7
Q
  1. Civil law property
    What are the 3 possible relations to the object in question?
A
  1. Ownership
  2. Possession
  3. Detentorship
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8
Q

Explain ownership

A

Property right of an object
–> Immaterial relation, no need for factual possession

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9
Q

Explain possession

A

Factual control/ relation btw person and object

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10
Q

Explain detentorship

A

Detentor has factual possession over an object, but recognizes he’s doing it on behalf of the owner

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11
Q

Right of ownership =

A

Most comprehensive right

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12
Q

Vindication

A

The right holder can reclaim factual possession of the object of his right

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13
Q
  1. Common Law PL
    Give 3 characteristics
A
  • Feudal system
  • Fragmented system (distinction btw movables and immovables)
  • Can be more than one owner
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14
Q

Land law -> IMMOVABLES
What are the two types of rights that remained?

A
  1. FEE SIMPLE
  2. LEASEHOLD
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15
Q

What is a fee simple? Specify on time duration.

A

Absolute in possession
–> Most extensive right
Unlimited duration on time

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16
Q

What is a leasehold?

A

The fee term for a number of years
–> Secondary property right
- Holder derives, grants exclusive possession

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17
Q

Personal property law (MOVABLES)
What are the objects that can be owned?

A

Corporeal (chattels = goods)
Incorporeal (Claims)

18
Q

What is the most extensive right in personal property law?

A

The TITLE or ENTITLEMENT

19
Q

Relativity of title

A

When more than one person is entitled to the same chattel
–> Stronger entitlement receives possession

20
Q

PRIMARY RIGHTS: Distinction btw Common and Civil Law.

A

Most extensive right
Civil law: Right of ownership
Common law:
- Movables: ENTITLEMENT
- Immovables: FEE SIMPLE

21
Q

Do primary property rights face limitations? By who?

A

They face limitations by public law:
- Immovables: Will need permit from government to be able to manipulate his piece of land

Can also face limitation by private law
- Movables: Permission to abuse an object not always possible
–> When it is valuable to society

22
Q

SECONDARY RIGHTS: Main definition.

A

Permissions and competences of owner may be exercised by the holder of the secondary right INSTEAD/ NEXT TO the owner

23
Q

SECONDARY RIGHTS: Types.

A
  1. To use:
    1.1 Usufruct
    1.2 Servitude
  2. Security rights:
    2.1 Right to pledge
    2.2 Right to hypotec
24
Q

Secondary rights TO USE: Main defintion

A

Holder of this right may use the object for a limited duration of time

25
Q

TO USE: Types

A

Usufruct
Servitude

26
Q

TO USE: Usufruct

A

Person holding this secondary right has the right to enjoy the property as long as they want (usually life).

Owner -> Bare ownership

27
Q

TO USE: Servitude

A

Example: Pathway on a driveway that becomes available for “everyone”

Longer time than ususfruct

28
Q

Secondary SECURITY rights: Main definition

A

Created to secure the payment of a monetary claim
–> Giving the holder of the claim the power to take possession if the debtor fails to pay the loan

29
Q

SECURITY: Two types (immovables vs movables)

A

Immovable objects = mortgage or hypothec

Movable objects = Right to pledge

30
Q

Paritas creditorum

A

Holder of secondary right receives immediate settlement of their credit if the debtor dies

“If the debtor is not able to pay, creditors have the right to paritas creditorum”

31
Q

Equality of creditors

A

Claims of creditors are equal in rank. Creditors are entitled to amounts of money from the estate in PROPORTION to their clamis

32
Q

Numerus clausus principle

A

Only a limited number of property rights can be recognized

33
Q

Principle of specificity

A

A property right has to be bound to a specific good or land

34
Q

Principle of publicity

A

Everybody has the right to know who holds the primary right to an object
Land: Land registry
Movables: Factual control
Fungible objects: EXCEPTION (Money in bank)

35
Q

Nemo Dat Rule

A

Nobody can transfer a right that he did not have himself in the first place

36
Q

Prior tempore rule

A

Older property rights trump over newer ones

37
Q

How can property rights be created (5)?

A
  1. Occupation
  2. Creation
  3. Accession
  4. Prescription
  5. Mixing
38
Q

Accession

A

What belongs to a land becomes part of it and is not owned by the owner of that land

39
Q

Prescription

A

Possessor in good faith did not know that object had an owner and has it for a long time

40
Q

What are the 2 requirements that have to be met in order to conclude a transfer of a property right?

A
  1. It must be clear btw transferor and transferee
  2. Publicity: Third party involved also needs to know
41
Q

What are the 2 systems in tranfers?

A
  1. Consensual system
    - Reach consensus
    –> For immovables: need for a notarial deed
  2. The tradition system
    - Requires a contract and a special act to transfer the property right
42
Q

When are property rights terminated?

A
  1. Object stops to exist
  2. Object still exists:
    - Owner abandoned its right
    - By operation of law: Prescription, usufruct when death, leasehold when time has passed)
    -By an agreement btw parties

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