Law 3101A/B Study Guide - Quiz Guide: Usufruct, Droit De Suite
16 Oct 2018
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Numerous clausus: - limited number of property rights is recognised. Restricts parties in their freedom to create new types of property rights. Specificity: - property right on good or land should be clear and sufficient. Property rights end if things or objects don"t exist any more. Difficult to apply to virtual things (internet) Fungibles: - objects which occur in masses (sand, money, not mixed) Everybody should know who has which property rights. Property rights should therefore be publicly known land: - publicity is recognized as land registry, there are 2 types: Negative system because notary registers land: negative system = deeds official document created by notary, positive system = title registry system registrar checks content without checking its contents. Common law: land is transferred between parties via inheritance movable objects: - publicity of ownership takes the form of possession. Is transferred by transfer of possession nemo dat: - nobody can transfer a property right he didn"t have himself.
