Transfers and Third Party Protection

Question 1

Name the three ways someone can acquire ownership

Answer 1

–> Original acquisition
–> Derivative acquisition

Question 2

Define the right of disposal

Answer 2

• form of ownership right
  -empowers one to ‘dispose’ or get rid of something
  -to dispose one must own!

Question 3

Explain what causa traditionis is

Answer 3

• legal basis

Question 4

Explain what delivery is

Answer 4

-physical control
-and then phys. TRANSFER of ownerhsip

Question 5

What are the three requirements of transfer of property in Dutch law

Answer 5

-Delivery
-Valid legal title
-Right to dispose

Question 6

Define the consensual system

Answer 6

• Ownership passes the moment contract and/or sale is concluded
  -no need for physical transfer
  -the transfer is the sale itself

Question 7

Define the causal system

Answer 7

-validity of the transfer is depnd.
-a valid legal ground (causa traditionis)
-e.g: if contract is avoided ownership remains with the original party

Question 8

Define the tradition system

Answer 8

-transfer of ownership is only complete when good has been physically transfer
-contract of sale=/ ownership

Question 9

Is a tradition system causal or abstract?

Answer 9

• can be either

Question 10

Is a consensual system causal or abstract

Answer 10

Has to be causal!

Question 11

Define what possession is

Answer 11

• The legal relationship between ownership and possession

Question 12

How are third parties who ovtain the goods the transferor did not have the right to transfer, be protected? in the DCFR

Answer 12

-Art VIII-3:101

Lets talk 1o1 w/ 3rd parties