Cluster 2: Property law - Transfer of property rights
13 important questions on Cluster 2: Property law - Transfer of property rights
How do you become an owner of an object?
2. Creation: creating an object will make you he owner of the tangible object
3. Transference of an object
What are the three constitutive requirements for a transfer of property?
-a sales contract,
- gift or
- court order.
2. Power to dispose: if ownership is transferred there has to be an ownership; you cannot transfer more than you have.
3. Delivery: handing over the possession of the
- object (movables) or
- notarial deed (immovables. IP rights) in the public land registrry.
- claims via notification
What are the 3 kinds of delivery? Give examples.
- sometimes deed + registration for movables f.e. Cars.
2. Immovables: deed + registration. For a house f.e.
3. Claims: notification or deed + registration: notify the person who should pay the money about the transfer so he knows who to pay the dept to.
4. Intellectual property rights: deed (+ registration). Deed shows the IP rights are trasferred. Some IP rights need registration.
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What is the difference between deed and registration?
registration: change modified to show the new reeality in the land register.
What is the difference between a deed and a contract?
What does the reservation of ownership clause entail? How does this come into practice?
Delivery is made by A who has the power to dispose. Without payment, A can reclaim the object because he is still the owner (revindicate)
When is reservation of ownership clause especially useful?
What does the non transferability clause entail?
On what moment does the ownership move?
1. Causa !!! This is important; this makes sure the ownership is only changed upon intention. When you borrow something the causa requirement is not met.
2. power to dispose
3. Delivery
Contracts are regularly about property (renting and leases). Contracts can also allow to use or build on someone else’s property. SO, is it a contractual issue or a property issue?
When does a property issue become property rights?
In the contract there can be details about the obligation to transfer. But the transfer itself is part of property rights.
What are contracts about property use that are issues of contract right over property right?
How is enforcement of property right protected?
What is the distinction of property and tort law? When it there a property aspect (you are the owner and have a claim) but the actual stopping is a tortial action? Why is this a tortial action?
- torts in common law and civil law system
- stealing: a tortal action, but taking back your property is a property law action
- someone makes you unable to enjoy property (noise)
- compensation of breakage
The actual stopping is a tortial action because someone make a tort by continuing harming your property.
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