Property Law

14 important questions on Property Law

What is the difference between property rights and personal rights?

Property right is an absolute right invoked against everyone while personal right is against a certain person

What is the link between an effect erga omnes and the principle of droit de suite?

Erga omnes (right against everyone) and droit de suite (right to follow) enable the owner to vindicate its property as he has right to exclude everyone from his property and to take it therefore from the possession of the person who is not the owner if wanted so

How does the 'tragedy of the commons' illustrate the desirability of private ownerwship?

Tragedy of commons indicates that if property is owned by many, some may over exhaust it for their own benefit while damaging
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How do ownership, possession and detentorship relate to each other?

Ownership is primarily property right, possession is factual relation between a person and object and detentorship is exercising factual control over the object, but nog on behalf of himself, recognizes right of owner

What is the difference between a unitary system of property law (civil) and a fragmented system (common)?

In fragmented system distinction is made between movable and immovable while in unitary system, one system of property law applies to land and goods alike

How do the terms 'fee simple' and 'term of years' fit in with land law?

In common law fee simple is the most extensive right a person can have as it entitles the holder to exclusive posession for an unlimited duration of thime, while term of years is secondary property right grating exclusive possession to someone for limited duration of time.

How does the concept of 'title' function in personal property law?

Title is primary right in personal property law that presents exclusive possession to a chattel and is the most extensive entitlement to a chattel but also more persons can be entitled to a chattel.

Which two types of secondary property rights do we distinguish?

Secondary security rights and secondary property rights

How do paritas creditorum and secondary property rights relate?

If there are more creditors they receive the money in proportion of their investment when there is not enough money to fully repay them all. If one of them possesses secondary security right, they are paid first.

What are the principles and the general rules of property law?

1. Principle of publicity
2. Nemo dat Rule
3. Prior Tempore Rule

What are the two main types of secondary security rights?

-the right of pledge, which can be created on most movable objects
-the right of hypothec which can be created on immovable objects and some movable objects

How can a property right be created

-occupation, creation, mixing, accession, prescription

How is a property right transferred

the consensual system
the traditional system

How can a property right be terminated

-The object is destroyed
-the right ends but the object continues to exist
-the right is lost by the operation of the law (prescription )
-the right can be terminated by agreement between the parties involved in the right

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