right of ownership & transfer

Question 1

what can you do with such a right? (parts of it)

Answer 1

(1) usus: use the property
(2) fructus: the right to enjoy the fruits of such property being used
(3) abusus: destroy it, burn it…

Question 2

principle of accession

Answer 2

whatever is ON the land is part of the land

Question 3

Cacquelard v Lemoine

Answer 3

The civil code was just created and feudal systems abolished but the judges were not trained –> Court used the old way to judge the case…

Question 4

Co-ownership

Answer 4

the 2 co-owners need to have the exact same rights in relation to the property (are at the same level)

Question 5

consensual system

Answer 5

as soon as the contract is concluded, ownership passes to the new owner

Question 6

tradition system

Answer 6

there needs to be a real agreement for transfer (transfer of possession + contract)

Question 7

causal system

Answer 7

the validity of contract plays a role in the validity of the transfer of right

Question 8

abstract system

Answer 8

the transfer will go on even if it’s not based on the validity of the contract

Question 9

system of transfer of the countries

Answer 9

DE & NL: tradition system
NL: abstract system
NL & FR: causal system
FR: consensual system