rights and things Flashcards

1
Q

what is a real right

A

right directly in a thing
property law.
relationship between a person and a thing
principal real right= ownership

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2
Q

what is a sub real right

A
are real rights in the property OF SOMEONE ELSE
they are TEMP in Nature
they are BURDENS on that persons ownership
right in sec
lease of land 
proper liferent
servitude 
real burden
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3
Q

what is a personal right

A

jus in personam
is only as good as the person you have it with.
right in contract/ delict/ unjustified enrichment/ ben in trust

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4
Q

personal vs real rights

A

personal enforceable against person(s). where as real rights are enforceable against the world

things are more reliable than persons

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5
Q

property 2 terms

A

incorporeal and corporeal

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6
Q

incorporeal

A

rights both personal and real
some odds and ends
and since onw has rights ion things it follows that one can have rights in things ( short LEASE)

incorporeal heritable- all rights connected with or affecting any hertible subject
permenant rights not however connected with corporeal hertible property (coat of arms)

ALL OTHER INCOPERAL MOVABLE PROPERTY
SHARES
MOST OF IT IS MOVABLe

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7
Q

corporeal

A
  1. corporeal heritable land and things that form part of the land either naturally of by acession
  2. movables -all other property
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8
Q

Patrimony

A

totalty of your assets and liabilities held by a person
normal rule is one person to one pat. apart from trusts

some commentators argue incorp. cannot be owned as such. hold the personal rights or sub real rightsjust as one holds holds the paramount real right of ownership. all agree that incorp FAIL to FALL within a personsonal pat

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