Week 3

Question 1

Prescription

Answer 1

acquisitive or extinctive

Question 2

Acquisitive definition

Answer 2

one gains a right due lapse of time

Question 3

Extinctive definition

Answer 3

losing a right due to the passing of time

Question 4

extinctive division

Answer 4

• strong effect (right itself lapses)

- weak effect (only action lapses)

Question 5

Good faith prescription France: rules

Answer 5

art. 2258 + 2272 + 2266 CC

Question 6

Prescription with/without good faith France

Answer 6

• with = 10 years of possession

- without = 30 years of possession

Question 7

good faith prescription NL: rules

Answer 7

art. 3:118 + 3:107 + 3:99 + 3:306 BW

Question 8

Prescription with/without good faith NL

Answer 8

• with = 10 years of possession

- without = 20 years of possession

Question 9

good faith prescription Germany: rules

Answer 9

par. 900 + 937 BGB

Question 10

Prescription with/without good faith Germany

Answer 10

• with = 10 years of possession

- without = 30 years of possession

Question 11

Adverse possession UK

Answer 11

same effect as prescription

Question 12

2 ways of transferring property

Answer 12

• Traditional system

- Consensual system

Question 13

Traditional system countries

Answer 13

• NL: Art. 3:84(1) + 3:90(1) + 3:89(1) BW

- Germany: Trennungsprinzip

Question 14

Consensual system countries

Answer 14

• France: Art. 1138

- UK: S. 17(1) Sales of Goods Act 1979

Question 15

Causal system definition

Answer 15

Contract itself transfers ownership

Question 16

Causal system countries

Answer 16

France + UK

Question 17

Causal traditional system

Answer 17

NL

Question 18

Res perit domino rule (France)

Answer 18

owner of an object bears the risk of accidental damage or loss

Question 19

Abstract transfer system definition

Answer 19

Act of transfer independent from the validity of the contract

Question 20

Abstract transfer system country

Answer 20

Germany

Question 21

Positive registration system

Answer 21

quiet active, checks consent + content of transfer

Question 22

Negative registration system

Answer 22

passive, only checks formalities, not for actual content

Question 23

Transfer of land Germany: rule

Answer 23

par. 873 BGB

Question 24

Notarial deed Germany: rule

Answer 24

par. 925 BGB

Question 25

Vormerkung Germany

Answer 25

Prevents uncertainty, par. 883 BGB

Question 26

Transfer of land 2 systems UK

Answer 26

• transfer by deeds

- transfer by registration in land register

Question 27

transfer of land UK: rule

Answer 27

Law of Property Act section 2

Question 28

Transfer of land NL: rule

Answer 28

Art. 3:84 BW

Question 29

2 theories on limited property rights

Answer 29

• Demembrement (subtraction) theory

- Limitation theory