ECON 2 Lecture Notes - Lecture 12: Numerus Clausus, Land Law, Three Steps
Document Summary
Meeting 4: what was mine, will now be yours. Case 10 the case of the old lady: the numerus clausus principle prevents from creating new property rights people have to stick to the existing rights. It is not a servitude, which would rest on the house, because maintaining the garden is a positive obligation, whereas servitude can only be a negative obligation. The agreement between the former owner of the house and the neighbor is just a contract. Regarding immovables in the netherlands, two things are necessary the contract of sale and the registration of the deed (deed. The deed has to be draw by a notary who checks all the formalities and then the deed has to be registered in land registry. Bw, so tom has to go to the notary: comparison negative and positive system: Active, the registrar checks everything formal requirements (form, date, (formal requirements as well as the signature, etc. ).
