rights and things Flashcards
what is a real right
right directly in a thing
property law.
relationship between a person and a thing
principal real right= ownership
what is a sub real right
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
what is a personal right
jus in personam
is only as good as the person you have it with.
right in contract/ delict/ unjustified enrichment/ ben in trust
personal vs real rights
personal enforceable against person(s). where as real rights are enforceable against the world
things are more reliable than persons
property 2 terms
incorporeal and corporeal
incorporeal
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
corporeal
- corporeal heritable land and things that form part of the land either naturally of by acession
- movables -all other property
Patrimony
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