Cluster 2: Property law - Introduction to property law

5 important questions on Cluster 2: Property law - Introduction to property law

What is the difference between property rights and contractual rights?

1. Contract follows agreement, property follows object.
2. Contract law parties have autonomy. In property law the legislature decides what property rights come into existence.

3. Property law has ergo omnes: they are an absolute right that can bind everything, whether they want it or not.

Contract law is on a voluntarily acceptance of promises made between parties.

What is ergo omnes or the third party effect?

Claims/protection against everyone. Every owner has interest in a society that protects ownership.

What 3 aspects of property assume control over the property as an owner?

1. Use/ enjoyment: eat something
2. Value : you can sell/rent and get money for it
3. Security : related to the value something has. (food, connection to the internet, roof)
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What is the legal security of property rights?

Law protects ownership

What is the numerus clausus of property

There are limited forms of property (in kind and content) that you can own. Law clearly describes the rights and powers from ownership.

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