REGNRSG 105 Lecture Notes - Lecture 48: Erga Omnes, Droit De Suite, Property Law
Document Summary
I/ property rights and property law: property rights, absolute and relative rights. Personal rights/relative rights: rights against a particular person. Absolute rights: rights not against a particular person. Object tangible (buildings, cars, books) or intangible (trademarks, intellectual property, shares, claims) Absolute rights = property rights: effects erga omnes. Law of contract: only relations between the parties: droit de suite. Ii/ why property rights: freedom of ownership. Freedom of ownership: every individual is free to acquire and dispose of their own property. The right of ownership and other property rights are the means by which individuals hold entitlement to their objects. Today: overfishing, pollution of the environment: fishing rights and pollutions rights could be a solution. Iii/ property rights in civil law and common law: civil law property, ownership, possession, detentorship, ownership. Ownership: property right that a person has in respect to some object. Immaterial relation between the person and the object without the need for any physical equivalent: possession:
