RIGHTS + THINGS Flashcards
The principle real right is?
the principle real right is ownership (in rem)
what are subordinate real rights?
it is a right held by someone other than the real owner e.g in immovable property, servitude, life rent
can be 2 real rights, right in ownership for A and right in servitude for B
whats a right in personam called and give examples of this right.
right in personal is called a personal right and examples of this could be right in contract and in delict. unjustified enrichment and beneficiary under a trust.
who are personal rights enforceable against?
who are real rights enforceable against e.g ownership and subordinate real right like servitude.
personal rights are enforceable against people or a group of people
real rights are enforceable against the world.
what is incorporeal property?
incorporeal property is a right both personal and real
can also have rights in rights
the only right which is not considered property is ownership
