PRV4 144 Lecture Notes - Lecture 1: Purposive Approach, Detinue, Security Interest

• School: McGill University
• Department: Private Law 4
• Course: PRV4 144
• Professor: Richard Janga

Document Summary

Personal property: the distinction between real and personal property is based on the actions that were available in relation to interests in land that were available to the holder, such as a real action. The action was real because the court could order specific recovery of the matter of the right, i. e. the land. This is designed to put you back into the same position in terms of value, but it does not lead to specific recovery. Here, you only have a personal action: real property means land and personal property is everything else, leases of land: in cvl, the lessee does not have real rights in the land. In cml, a lease of land gives the lessee real rights in the land: in the 1500s, the lessee only had contractual rights and not proprietary/real rights in the land. If something went wrong, he only had a damages claim against the person who granted him the lease.