Property Law Summary

CHAPTER V: PROPERTY LAW




I. PROPERTY RIGHTS AND PROPERTY LAW


 Property rights
o Absolute rights- rights that are against someone in particular
o Rights that pertain to something that can be tangible or intangible
o Effects erga omnes
 Property rights can be used against everyone
o Droit de suite
 If the object of right falls into the hands of a person who is not the
right holder of that object, the right holder can exercise his
property right against that person


II. WHY PROPERTY RIGHTS?


 Freedom of ownership (Theoretical perspective)
o In a free market economy, everyone is free to acquire and dispose of their
own property
o Property rights on things and objects are freely transferable unless
prohibited
 Tragedy of Commons ( Economic perspective)
o Describe a system where people have shared property rights in which
everyone acts independently according to their own self-interests contrary
to the common interest which leads to the destruction of the original
property


III. PROPERTY RIGHTS IN CIVIL LAW


 OWNERSHIP, POSSESSION AND DETENTORSHIP
o OWNERSHIP
 Property right a person has in relation to some object
 Immaterial relation
 No need of physical relation
o POSSESSION
 Factual relation between the person and the object




o DETENTORSHIP
 The detentor has factual control over the object but not on the
behalf of himself

,  The dentetor recognizes the right of someone else
 The possessor can retrieve the object with a possessory action
whereas the detentor cannot.


 AWAY FROM THE FEUDAL SYSTEM


o Feudal system
 A Lord grants feudal rights- FEES- to a vassal who can also grant a
fee to a subvassal, creating a pyramid of landholding
 The fee was attached with duties that the vassal owe to the Lords
in exchange for the fee
 Close relation between personal rights and property rights
 The peasants were at the very bottom of the above-mentioned
pyramid and therefore they complained about the deplorable
conditions they were living in.
o French Revolution
 Abolishment of the feudal system
 Unitary system
 Separation between personal rights and property rights




 OWNERSHIP


o Unitary system
 There is only one system of property law that applies to LAND and
other goods.
o Definitions of ownership
 Most comprehensive right in civil law systems
 Right to possess, use, damage, enjoy and destroy the object of
right
o Objects of ownership
 France
 Biens- corporeal and incorporeal objects (claims, e.g.)
 The Netherlands and Germany
 Corporeal objects only




o VINDICATION
 The owner of a good can vindicate his/her good
 Legal action by means of which a right holder can claim possession of
the object of his right