Week 1: Principles and General Concepts of Property Law Flashcards
Define what ergo omnes means
- enforceable against everyone/ every entity
-can invoke this right in relation to anyone
-thus courts more hesitant to deviate
Explain what the nemo plus principle is
- cannot transfer more rights/other rights
-than what one has
-cannot empower ppl with more rights than one already poseses
giv example of nemo plus principle to show its significance
-a thief cannot sell bike lawfully
-he does not have the right of ownership
Explain the right of usufruct
- Limited real right (real rights, less than ownership
Which book of the DCFRA s the right of usufruct in
Book VIII
Which book is the provision of ownership in the DCFR
Book VIII
Explain the principle of specificty
Property rights only exist in relation certain things
-if does not specify what things
-not right of property over it
Explain the principle of priority
-absolute rights (e.g: priority rights) lways have priority/ precedence over relative or cotractual rights
AND
- OLDER rights have priority over never ones
Explain the principle of publicity
-publication= for example, entering the rights onto a register
-if movable,
can be done by handing over/ delivering the object
Explain the numerus clausus principle
- Property rights are an exhaustive list which cannot be amended
Explain the differences between typenzwang and typenfizierung
typenzwang–> limited types of property rights recognised
typenfizierung–> delineation of what those property rights entail
Where can the enshrinement of security rights be found in the DCFR
- Book VIII
Explain the principle of droit de suite
-Property right follows the object of the right
-e.g: security right
-Bank’s security right is burdened on to the next owner, eventhough ownership as been transferred
