Week 1 Flashcards
Definition property law
branch of private law, concerns entitlement to property of things
Definition patrimonial law
Law governing complete body of assets and debts of a person
Ownership Germany: rule
par. 903 BGB
Ownership NL: rule
Art. 5:1 BW
Real property definition (UK)
Law relating to land
Personal property definition (UK)
Law relating to things outside the land law
Civil law approach to property law
- Uniform approach
- Distinction between ownership and possession
Common law approach to property law
- Fragmented approach
- No clear distinction between ownership and possession
Erga omnes
Against everyone
2 elements of erga omnes principle
- Droit de suite = right follows the object
- Droit de Preference = property right stronger than any personal right with regard to the object
Numerus clausus
Principle that limits the number and content of property rights available
Numerus clausus France: rule
Art. 543 CC
Numerus clausus NL: rule
Art. 3:81(1) BW
Numerus clausus UK: rule
- National Provincial Bank v Ainsworth (1965)
- Keppel v Bailey
Principle of specificity
Must be clear to which objects the rights apply
Principle of publicity
Property rights on object clear to the public
Principle of transparency
Principle of specificity + publicity
Nemo dat rule
One cannot give away more than one has
Prior tempore rule
Oldest rights do have priority over newer rights
specific rules
limited rights have priority over fuller rights
Protection of ownership EU: rule
Art. 1 First Protocol ECHR
Ownership definition
Legal entitlements a person has with respect to a specific object
Possession definition
factual control over an object
Functions of possession
- Publicity function, indication of who is the owner
- Prevention of unlawful behavior
- Preservation of peace within society
