REGNRSG 105 Lecture Notes - Lecture 13: Cadastre, Property Law, The Tradition
Document Summary
Relative (personal) rights: rights against a particular person, such as tort and contract rights. Absolute right: rights pertaining to an object, not a person, such as property rights. The object of the right may be tangible or intangible (intellectual property). Effect erga omnes: because property rights deals with an object instead of a particular person, it has the effect erga omnes, meaning the rights evoked effect everyone. Droit de suite: ("right to follow") if an object falls into the hands of someone other than the holder of the right, the holder of the right can exercise his rights against that person. Droit de suite is granted to the object. Freedom of ownership: allows for a free market economy by enabling the free circulation of goods through the changing of owners unless explicitly prohibited. Tragedy of the commons: to allow ownership as a primary property right prevents the.
