Property Law

Personal Rights

Rights against a particular person, eg freedom of speech

Property Rights

not against a particular person, against everyone, Absolute rights, It pertains to something which is called the ‘object’ of the right, can be tangible or intangible

Erga omnes

property rights are absolute rights (against everyone)

Droit de Suite

Droit de suite," meaning "right to follow," refers to both a general principle in property law, where a property right remains with the object itself, When you own a piece of property, your ownership right goes with the object, even if it is transferred to someone else.

Ownership

Ownership is a property right that a person has in respect to some object. This is an immaterial relation between the person and the object, without the need for any physical equivalent.

Possession

Possession is not the same as ownership; it is a factual relation between a person and an object. A person who pos- sesses an object exercises factual control over this object. Thief would be a possessor but not an owner

Detentorship

A detentor also exercises factual control over a good but not on behalf of himself; he recognizes that he is holding factual control for someone else. When borrowing or leasing a good

recognizes the right of someone else (not necessarily the case with ownership)

possession and detentorship is material

Abusing your property

Ownership is the right to enjoy and dispose of things in the most complete manner, provided they are not used in a way prohib- ited by statutes or regulations. Limited by public law such as you cannot change the purpose of a building. There are social considerations, property rights falls under under private law which is limited by public law

Primary Property rights

The most comprehensive property right, the right of ownership, most extensive entitlement: right to have, control and use an object -most absolute

the right to use it (usus), the right to enjoy it (fructus: in particular to rent it) and the right to dispose of it fully and freely (abusus: in particular to sell it) you can do all three

Secondary Property Rights

(1) secondary property rights to use and (2) secondary prop- erty security rights.

ess comprehensive property rights, not all three of the powers

Secondary rights to use are property rights that entitle the holder to use the object for a limited duration of time.

Usufruct

Enjoy a good that is owned by someone else. The abusus still remains with the owner.

Servitude

A right of servitude can be created on one piece of land for the benefit of another piece of land.

The right of servitude is created on the land. The effect of this is that when the right of ownership of the land is sold and transferred to someone else, the new owner is still bound by the right of servitude. BeCUSE it is with the land and not the owner..

Secondary Security Rights

created on an object which has a monetary claim

claim on the object to secure payment, the bank (owner of house but you borrowed money so you are a dexter, hypothec or pledge, the bank is a holder of the security right)

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Transfer

must be clear between the transferor (the person who transfers) and the transferee

In the case of movable objects, the buyer becomes the owner immediately upon conclusion of the contract.

In the case of immovables, the property right is also transferred, but this transfer will only have effect between the parties.

Termination

The first possibility is that the object on which the property right rests is destroyed or ceases to exist independently.

Operation of law: when the law interferes, counter to prescription

Claims can stop existing if the corresponding duty has been fulfilled or if the claim was waived by the creditor.

The second possibility is that the property right on an object ends, even though the object itself continues to exist. One way in which property rights can cease to exist is when they are waived or abandoned by the right holder.

Creation

A property right can also come into existence when a new object is created out of a previously existing object.

In case of mixing of two or more objects, a new primary right will arise.

accession: what is attached to a land becomes part of it

prescription: so if someone has something for a long time and the owner doesnt go retrieve it, they take ownership

Mixing: when you all put money in a bank, you wont get the exact money you gave but you will get the amount

Common vs Civil Law

Relativity of title: common law multiple people could have ownership of an object where as in civil law only one (but you can technically have co-ownership)

fragmented law for common law, unitary for civil law- applies to both movables and immovables not in common law

Common law: feudal system: land belongs to king (ownership), freehold full right of land , usehold right to use land for limited time -