ECON 1 Lecture Notes - Lecture 30: Numerus Clausus, Erga Omnes, The Possession
Meeting 1: What is Property Law?
Classical approach after the fr.
Pg 148 text book.
Case 2:
1. For a relationship between parties to be dealt under property law couple of filters must
be fulfilled.
Firstly, the principle pf numerus clausus:
Secondly, specificity and publicity:
Also the object at hand must satisfy the term things under property law must be
movable or immovable goods tangible and intangible corporeal and incorporeal. Claims
are not generally considered as property right however in England are dealt under
personal property right.
2. property rights are stronger than personal rights, they are erga omnes and against the
whole world, and the external effect is that they are absolute . property rights
correspond with duties on everyone. Property rights are mandatory and recognized by
law hence no party autonomy.
Case 3:
1. France:
1. Complainte: available in case of actual disturbance or dispossession by a non-violent
act.
o The possessor, or detentor, may claim for the abatement of the interference
and the preservation of the previous status of possession.
o It also covers the removal of erected constructions.
2. Action en reintegration (Art. 1264 NCPC): covers the loss of actual control by a
violent act of the dispossessor.
o Action is for recovery of possession and restoration to the original condition.
o The possessor and detentor may also be awarded damages in possessory
proceedings.
o This action is available if possession, or detention, lasted for less than one
year. However, the possession must be without default, must be continues and
unequivocal.
• The possession of a movable object is regarded to be sufficiently protected by Art.
2276 CC.
o Unlawful interference with movables is remedied by the vindication.
3. Denunciation: can be claimed against imminent future interference caused by
construction works the requirement is enjoyment of possession for at least one year.
Germany:
- Self-help:
• Unlawful interference (§858 BGB) entitles the possessor to self-help.
Document Summary
Case 2: for a relationship between parties to be dealt under property law couple of filters must be fulfilled. Also the object at hand must satisfy the term things under property law must be movable or immovable goods tangible and intangible corporeal and incorporeal. Property rights are mandatory and recognized by law hence no party autonomy. However, the possession must be without default, must be continues and unequivocal: the possession of a movable object is regarded to be sufficiently protected by art. 2276 cc: unlawful interference with movables is remedied by the vindication, denunciation: can be claimed against imminent future interference caused by construction works the requirement is enjoyment of possession for at least one year. Possessory actions: 861-67 bgb regulate the protection of the direct and indirect ( 869 bgb) possessor against dispossession by way of judicial action, in case of dispossession, the action is for recovery of possession 861.
