Law and Data Science Module 2 Part 2

2 Main Theories of Will

Programmed Will and General Will

Programmed Will

user’s intent is captured in the system’s settings and instructions.

General Will

by using the system, the user expresses a general intent to be bound by its actions within reasonable limits

Property Law

regulates the relation between people and things. It defines who controls, who benefits, and who may exclude others

Core Ideas of Ownership

Codified in the civil code, but no single legal definition

Ownership = most complete right over a thing

Can exist only in relation to a ‘good’; is an absolute right

Concept of a Good

A tangible, controllable object, Movable – can be moved physically (car, phone) or Immovable – fixed to the ground (house, land)

Powers of the Owner

(exclusive) Use/enjoyment, fruits/profits, disposition

Use/enjoyment

freedom to use or even destroy the thing

Fruits / profits

right to what the thing produces (rent, crops, dividends)

Disposition

right to sell, gift, or create limited rights (e.g., mortgage)

How Data Challenges Property Law

intangible and infinitely replicable, no exclusivity

Intellectual Property Law

protects creations of the mind (e.g. copyright, patents)

How Ownership Transfers

inheritance, finding, making or transfer (caveat: ownership never passes automatically)

Valid title

reason behind the transfer

If the title is invalid (fraud, illegality, annulled contract), it is annulled or undone

Authority to Dispose

Only the current owner can transfer ownership

Delivery

the factual or formal act that completes the transfer

Converts the contract into an actual change of ownership

Two main forms of Delivery

Immovable property: e.g. by notarial deed + registration

Movable property: by transfer of possession

Ownership Transfer in Netherlands, France/Belgium and Germany

NL: Upon delivery

FR & BE: At Moment of Sales Contract

GE: 2 separate acts needed (Contract + Delivery)

3 Conditions of Invalid Transfer

No delivery, Invalid Title, or No Authority