Economics 3366A/B Study Guide - Quiz Guide: Gross Negligence, Land Registration, Honey Rose
23 Sep 2020
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Ownership of land is not the same as ownership of a movable things. En: land law and personal property law + enormous debate about data. Civil law: growing influence of common law approach to ownership, accepting various degree of ownership without introducing equity. Secondary rights: limited property rights (i. e. servitude: management rights, use rights (servitude, security rights (mortgage) Transfers systems: legal effect of contract, consensual system: fr (the moment the object is sold, the ownership is transferred. Avoidance or annulment of contract: direct connection (causal system): after the passing of ownership, if the sale is invalid, there is no justification why that person should become the owner. Thus, invalid sale = no transfer of ownership. You need a causa (reason for transfer), i. e. contract. Fr/nl/en (with regard to movables: indirect connection (abstract system): after the passing of ownership, if the sale agreement is invalid, ownership does not go back automatically (it does through on the basis of unjustified enrichment)
