Property right

Question 1

nemo plus iuris

Answer 1

nobody can transfer more rights than he has

Question 2

two elements of possession

Answer 2

corpus (actual control) and animus (will to hold it as owner)

Question 3

ius in re aliena

Answer 3

limited property rights

Question 4

rights included in right of ownership

Answer 4

usus, fructus, abusus (alienate), rei vindicatio, actio negatorio (injunction)

Question 5

limitations of ownership

Answer 5

contract (non-transferability clause), neighbour law (right to path), abuse of rights, co-ownership

Question 6

real v personal servitude

Answer 6

real= benefit for owner, personal= benefit for person not as owner (right of usufruct and habitation)

Question 7

right of superficies

Answer 7

exception to Superficies solo cedit, agreement

Question 8

Estate

Answer 8

temporary legal interest in land

Question 9

types of estate

Answer 9

fee simple (as long as services paid), life estate (for life), fee tail (as long as successor available)

Question 10

joint tenancy v tenancy in common

Answer 10

co-ownership over all v distinct shares but undivided

Question 11

lease

Answer 11

temporary property right

Question 12

easement

Answer 12

right to use land in possession of another (real servitude)

Question 13

profits a prendre

Answer 13

right to do smt on land of other

Question 14

commingling two types germany

Answer 14

confusio (inseparable), commixtio (separable)

Question 15

acquisitive prescription requirements

Answer 15

statutory requirements, as owner, unequivocal, public, peaceful, uninterrupted

Question 16

traditio ficta

Answer 16

symbolica, brevi manu, constitutum possessorium

Question 17

solo consensu exceptions

Answer 17

generic goods and future goods

Question 18

transfer of land DE; UK; FR

Answer 18

DE: declaration of agreement before notary, UK: unregistered and registered system, FR: no specific rule