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property law > Week 1 > Flashcards

Week 1 Flashcards

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1
Q

What is property law?

A

It concerns rights that a person has v considerable group of other persons concerning an object

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2
Q

Erga omnes

A

These rights apply v everyone

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3
Q

Absolute rights

A

Unlike personal rights (apply btw specific people), these apply more broadly

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4
Q

Droit the suite

A

If a right-holder’s object ends up with another person, the right-holder can demand its return from that person

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5
Q

droit the preference

A

a right that takes precedence over personal rights

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6
Q

Numerus clausus principle

A

It limits the number and type of property rights

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7
Q

Test of transparency

A
  • principle of specificity: object has to be clearly defined
    -publicity principle: information on property rights should be available for public knowledge
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8
Q

Lex Rei Sitae

A

the law where the object is located is applied

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9
Q

Nemo Dat Rule

A

You cannot transfer more rights than you actually have (exception: good faith)

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10
Q

Prior Tempore Rule

A

older rights usually take priority over newer ones

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11
Q

Accessority Rule

A

If Sarah takes out a loan and secures it with a mortgage on her house, the mortgage only exists as long as the loan is unpaid. Once Sarah repays the loan, the mortgage is canceled because the security right (the mortgage) is tied to the existence of the loan (the debt).

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12
Q

Corporeal objects

A

physical things. They can be touched

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13
Q

Incorporeal objects

A

non-physical things

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14
Q

Possession

A

factual control of an object, regardless of ownership

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15
Q

Different functions of possession

A
  • presumption of ownership
  • preservation of peace and order
  • it is a method to satisfy the publicity requirement
  • if one possesses something for a sufficiently long period of time, they become the owner
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16
Q

ownership

A

full legal title to an object (usus, fructus and abusus)

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17
Q

Rei Vindicatio

A

The owner’s right to reclaim an object from anyone who possesses it without permission

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18
Q

Actio Negatoria

A

injunction that allows an owner to prevent interference by 3rd parties

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19
Q

Doctrine of Abuse of rights

A

if the party acts with the sole intent of causing a nuisance to their neighbor

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20
Q

Neighbour law

A

the owner is forced by law to tolerate the neighbor entering his land
(FR: legal servitude)

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21
Q

Unitary ownership

A

One singular right over an object, held by multiple people

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22
Q

Co-ownership

A

There is always 1 ownership right. Equal access and entitlement (each co-owner can use and benefit from the entire property, though their share determines what they would receive If the property is sold %%%%)

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23
Q

Caquelard case

A

Fragmented ownership-> separate ownership rights over different aspects of the same object (e.g. trees vs land). It is v the principle of unitary ownership

24
Q

Fragmentation of ownership

A

2 or > people claim the right of ownership on the same object with different content

25
Q

Secondary property rights

A

They offer limited entitlements over someone else’s property without transferring full ownership

26
Q

Real servitude

A

Right that allows the owner of one property (the dominant land) to use a part of a neighboring property (the servient land) for a specific purpose. Right is attached to the land (even if u sell the land, the servitude stays)

27
Q

Real Servitude (civil law)

A

FR: legal servitude
GR and NL: limitation of ownership

28
Q

different ways to create a servitude

A
  • contactual agreement (contract law)-> not erga omnes, however freedom of contract, quick and easy
  • right of servitude (property law)-> erga omnes, it pertains to the land
29
Q

Personal servitudes

A

property rights that attaches to a person
- usufruct
- quasi usufruct
- to use and habitation

30
Q

Right of usufruct

A

It is connected to the life of a person. The right to use and enjoy a thing of the owner as well as a right to take the fruits this thing produces. The person has some obligations

31
Q

Bare ownership

A

The owner of the thing (right of usufruct). He cannot use, enjoy or benefit from the thing. He still has the right to sell or transfer the property.

32
Q

Quasi-usufruct

A

it applies to consumable items (e.g. food). Things that cannot be used without altering or consuming them

33
Q

Right to use and habitation

A

They are attached to the person
- to use: gives another the right to use land (both immovables and movables)
- habitation (only on immovable): right to use a building to live in

34
Q

Right of superficies

A

it allows some division of property without violating unitary ownership (e.g. building rights over someone else’s land). Exception to the principle of accession

35
Q

Principle of accession

A

it is not possible to separate the land with the thing on it

36
Q

UK Secondary property rights

A

Lease-> usufruct
Easement-> servitude

37
Q

Trust (UK)

A

Settlor-> Trustee-> Beneficiary

38
Q

Equity’s darling

A

Requirements:
- good faith
- paid for it
- did not know act the trust

39
Q

Trust (GR)

A

through contract law with property effects
Treugeber-> Treuhänder-> Beneficiary

40
Q

Trust (FR)

A

contractual agreement
Constituant-> Fiduciarie-> Beneficiary

41
Q

Trust (NL)

A

NOT ALLOWED

42
Q

Consensual Transfer System

A

person becomes owner of an object without delivery of possession being needed (solo consensu rule)-> contract suffices to pass ownership

43
Q

Traditio Transfer system

A

delivery+separate real agreement

44
Q

Causal Transfer System

A

Transfer is valid only if the underlying contract is valid

45
Q

Abstract Transfer System

A

Ownership transfer does not require the validity of the contract

46
Q

NL

A

Traditio and causal system

47
Q

FR

A

Consensual causal system

48
Q

GR

A

Tradition abstract system

49
Q

Positive registration system

A

Active: registrar (judge) checks everything. State assumes liability for errors. GR+UK

50
Q

Negative registration system

A

Passive: registrar only verifies formal aspect (e.g. identify). No state liability for errors. NL+FR

51
Q

Community ownership (civil law)

A

A community owns the object in whole-> all individuals are co-owners
- if it is a few people you list all the names in a deed
- if it is a lot you make a company and then state that the company (all the members are part of) own the object

52
Q

Community ownership (common law)

A

Trust.
Beneficiary: owner in equity
Trustee keeps ownership of land->owner in common law
Individual cannot be all three. Individual cannot be trustee & beneficiary

53
Q

Subtraction model

A

FR & NL.
The owner’s full rights are reduced when they create limited rights, as these rights are “subtracted” from ownership.

54
Q

Limitation model

A

GR.
Ownership remains absolute, but specific rights (like use or exclusion) are limited by the creation of a limited real right.

55
Q

Paritas creditorum

A

in case of insolvency, all creditors should be treated equally

56
Q

Personal security rights

A

involves a third party (person) who promises to be liable for the debt of the principal debtor.

57
Q

Property security rights

A

it gives the creditor a specific right over a particular property or asset of the debtor.

property law (1 decks)

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