Cluster 2: Property law - Insolency and new objects

6 important questions on Cluster 2: Property law - Insolency and new objects

What happens upon the event of insolvency?

The entire patrimony is tallied up and all the assets are equally divided amongst the creditors. All creditors are equal to their share. The accessors to the security rights (banks) have more rights than the creditor, but less rights than the lessors (owners of properties)

What happens upon the casse of insolvency: bankruptcy?

1. You don’t pay the debts
2. The bank goes to court and declares you bankrupt
3. During bankruptcy you are legal owner but everything you own, all your assets,  is sold off to pay off all your debts as far as possible.
4. It only contains your assets, so things you barrow are not part of this. That also means that the creditors only get 50% of their claim.
5. What happens after depends on the jurisdiction: Sometimes the insolvency is settled, sometimes it continues to exist.

Why are property security rights much more stronger than contractual security rights?

If you secured your claim with a property right you are more equal than others due to the ERGA OMNES effect! You can avaul your rghts against everybody else including other creditors. You are paid from the sale of the specific object on which you have property rights.
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

Why are there restrictions in relation to creation an content of property rights?

Because of ergo omnes there is a numerus clausus system (closed system). Property rights are very strong rights in comparison to contractual rights and should there be too many of them, it would hollow out the right of ownership.

What happens with a pledge in bankruptcy?

The creditor does not become owner of the good that has been pledges, but in case you dont pay back the laim or become banktrupt, the holder of the pledge may sell you goods, even in bankruptct, and take out the percentage of the claim. If the receipts of the sale exceeds the claim, this goes back to the owner or goes into the bankruptcy.

Why do banks rely on security rights?

The holder of security right is not bothered by the bankruptcy, that’s why they dare to grant loans.

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo