Property law

Question 1

Relative right = personal right

Answer 1

rights against a particular person

Question 2

Absolute rights = property rights

Answer 2

You can claim these rights from everybody.In other words everybody should respect these rights.Can be tangible and intangible

Question 3

property law

Answer 3

the branch of private law that governs these absolute rights( property rights)

Question 4

effect against everybody

Answer 4

effects erga omnes

Question 5

why property law is a cornerstone of private law?

Answer 5

because these rights have an important function in society

Question 6

what invites people if they have property ?

Answer 6

If somebody has a property, this invites the application of other areas of law, such as tax law, succession, and marriage

Question 7

what property rights forms ?

Answer 7

the foundation on which other parts of law are built

Question 8

freedom of ownership

Answer 8

every individual is free to acquire and dispose of. Free circulation of goods

Question 9

socialist economy

Answer 9

land and factories are communal and shared between people or between a group of people

Question 10

Object of the property rights can be:

Answer 10

Movable items/objects (chattels);
Immovable objects/real estate
Tangible items/objects;
Intangible objects (such as intellectual property – copyrights, trademarks, patents)

Question 11

ownership

Answer 11

is a property right that a person has in respect to some object. This is an immaterial relation, there is no need for physical control over the object

Question 12

possession

Answer 12

It is a factual relation between a person and an object. Who possesses an object exercises factual control over this object. Usually the owner is also the possessor of a thing.

Question 13

what does it means”the right of ownership i s the most comprehensive?

Answer 13

the owner can do with the object what he wants . Besides of the free use, the owner becomes the owner of the fruits the object produces

Question 14

one right of ownership

Answer 14

in the civil law tradition, there can be only one right of ownership in respect to an object

Question 15

co ownership

Answer 15

more than one person holding single ownership right toward their one object

Question 16

limitation

Answer 16

even ownership rights can be limited by rules of public law , if the use of the object is contrary to law , morality or public order it can be prohibited,or government permission will be needed

Question 17

primary property rights

Answer 17

ownership

Question 18

for what holders of primary property rights are free?

Answer 18

to use , transfer , or terminate this rights unlimitedly

Question 19

what contain secondary rights?

Answer 19

permissions that would normally belong to the holder of primary right

Question 20

what are secondary security rights ?

Answer 20

mortgage (immovable) and pledge ( movable )

Question 21

secondary right

Answer 21

servitude and usufruct

Question 22

servitude

Answer 22

It can be created on one piece of land for the benefit of another piece of land. ex) is the right of way, which allows the owner of the one piece of land to walk (or drive) over the other piece of land, usually that of the neighbor.

Question 23

usufruct

Answer 23

is the right to use and enjoy an object that is owend by someone else. Example, it can be the right to have a painting, owned by someone else, in your house for the remainder of your life. If the owner of the good sells it, the holder of the usufruct can continue to use the object. Because the usufruct rests on object and is not a personal right against the person who granted it, the right “follows” the object.

Question 24

the principle of numerus clausus

Answer 24

only a limited number of property rights are recognized. Because property rights are against everyone, it is undesirable that individuals can make up such strong rights by themselves.

Question 25

The principle of publicity

Answer 25

As a result of property rights affect everyone, it is important that everyone can know who has which property right. In respect to land, publicity is realized through a land registry.

Question 26

the nemo dat rule

Answer 26

Nobody can give what he does not have. You can only give,sell or transfer property rights that belongs to you .In special cases like insolvency( not able to pay your debts ) or pledge someone else ( person proved by government) can sell your property

Question 27

prior tempore rule

Answer 27

Older property rights prevail newer right. Example, this rule is important when there is more than one hypothec on one piece of land.

Question 28

specific protection

Answer 28

In civil law tradition, each property right generally has its own action protecting it. For instance, the right of ownership is protected by the action that is known as vindication. Vindication means that the owner is restored in factual power over the object that he owns.
(if smb takes your property u can claim the possession of that item back to u )

Question 29

the rule of accessority (2)

Answer 29

• the existence of the security right (like pledge) depends on the existence of the personal right that it secures
  
  • if the personal right is transferred from the original holder to a new holder, the security right goes with the claim( требования)

Question 30

creation of property rights

Answer 30

occupation,creation ,mixing, accession,prescription

Question 31

occupation

Answer 31

When an object that previously belonged to no one is found and taken into possession by the finder. Example, when somebody catches a fish or shoots a wild bird

Question 32

creation

Answer 32

When a new object is created out of a previously existing object. Example, when someone knits a sweater out of wool

Question 33

mixing

Answer 33

If money from different persons is collected in a bag, the total amount probably belongs to the original owners together

Question 34

accession

Answer 34

Which belongs to the land becomes part of the land.

Question 35

prescription

Answer 35

The exercise of factual power for oneself, for a long period of time. This rule exists to create legal certainty. In the long term, the legal situation is adapted to the factual one

Question 36

what property law requires the sellers in order to transfer a property rights on movable objects?

Answer 36

In order to transfer a property right on movable objects, property law requires the seller to provide the buyer with factual control, possession.

Question 37

How to transfer immovable objects ?

Answer 37

In the case of immovable objects the seller and buyer conclude a contract of sale with a notarial deed. The deed will be the property agreement. Finally, for the transfer to have effect, between the parties and to the outside world, the deed will have to be registered in the land registry.

Question 38

how can incorporeal objects( like claims) be transferred?

Answer 38

. It will happen through an agreement between the creditor of the claim and the new acquirer. This can occur with or without notification to the debtor of the claim. This contract will be valid unless the original parties have agreed otherwise.

Question 39

termination of property rights

Answer 39

• The object on which the property right rests is destroyed (exp., if car is destroyed by fire) or ceases to exist independently (exp., claims can stop existing if the corresponding duty has been fulfilled).
• By operation of law – For instance, if the title(right) in a piece of land is lost because of prescription.
• By agreement between the parties