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Introduction To Law > Property Law > Flashcards

Property Law Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What kind of rights are property rights?

A

absolute rights/ rights in rem

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2
Q

What is effects erga omnes?

A

Property rights are rights with effect against everyone

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3
Q

What is Vindiction

A

Civil Law: The right that a person can claim back something that belongs to him

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4
Q

Who is the owner of land in common law?

A

The Queen/King

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5
Q

What rights can citizens have in common law about land?

A
  • fee simple: Entitles the holder to exclusive possession for an unlimited duration of time
  • fee of a term of years: Granting exclusive possession to someone else for a limited duration of time
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6
Q

What are chattels?

A

movable objects

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7
Q

What is a title in Common Law?

A

The absolute possession of something

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8
Q

What is the relativity of titles in Common Law?

A

If more than one person is entitled to the same chattel, the person with the stronger entitlement will receive the possesion

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9
Q

What primary property rights has a person in Civil Law?

A

Ownership

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10
Q

What are primary property rights?

A
  • Right to use:
    Ownership on movable or unmovable objects
  • Right to secure:
    1. Personal security
    2. Property security
    3. Fiducia com creditore
  • Rights to acquire property:
    Reservation of ownership/retention of title
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11
Q

What is possession in Civil Law?

A

A person who exercises factual control over an object without having the right of ownership

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12
Q

What is detentorship in Civil Law?

A

A person exercises factual control over an object and he recognizes the right of the owner

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13
Q

What is paritas creditorum?

A

The claims of different creditors are all equal in rank (proportional to the size of claims)

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14
Q

What is personal security?

A

Someone else becomes responsible for a debt

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15
Q

What is property securtiy?

A

A good can be sold to pay the debt

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16
Q

What is reservation of ownership/retention of title?

A

Possibility on reserving the primary right until the moment of payment, created by a clause in the sale contract

17
Q

What is fiducia cum creditore

A

Transfer of ownership for security purpose (pub owner transfers ownership of the pub’s inventory to the brewer)

18
Q

What is a secondary property right?

A

Usufruct: The right to use an object of someone else (The rights follows the object)

19
Q

What is a secondary right to use?

A

Right to servitude: Can be created on land for the benefit of another piece of land

20
Q

What are secondary security rights?

A
  • Hypothec (immovable objects)

- Pledge (movable objects)

21
Q

Numerus clausus

A

Only a limited number of property rights are recognized. Only concerns the types of property rights that can be created.

22
Q

Principle of specifity

A

It should be clear on which land or good a property right is created. Fungible objects can’t be owned because they occur in masses.

23
Q

Nemo Dat Rule

A

Nobody can transfer a property right that doesn’t belong to him

24
Q

Prior tempore right

A

The older right is more important than the new one –> The holder of the older right get paid first.

25
Q

What kind of publicity does exist?

A
  • negative systems

- positive system

26
Q

How can property rights be created?

A
  • Occupation (an object which didn’t have an owner is found)
  • Prescription (if the owner hasn’t done anything against possession the latter becomes the new owner after a long period of time)
  • Creation
  • Mixing
27
Q

The rule of accessority

A

Unbreakable link between a security right and its claim –> the security right goes with the claim

28
Q

When can a property right be terminated?

A

When the object stops to exist

29
Q

How can a property right transferred?

A
  • Consensual system

- Traditional system

30
Q

What is the Consensual system?

A

Movable: When the contract is concluded

Immovable: When the contract is concluded and the deed is registered

31
Q

What is the traditional system?

A

Movable Objects: The seller provides the buyer with possession/factual control
Immovable: Formalities must be fulfilled Conclusion of sale contract, conclude a deed, publicity of the deed

32
Q

Droit de suite

A

Right to follow: The property right follows the object regardless of whoever is the owner

33
Q

Priority

A

Holders with a secondary security right may claim their money before creditors with personal rights

Introduction To Law (11 decks)

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