Law 2101 Study Guide - Quiz Guide: Land Law, Property Law, Numerus Clausus
Document Summary
Rights in private law: personal rights or relative rights: rights against a person (e. g. contract law, tort law, absolute rights or property rights: rights on an object, rights on tangibles, rights on intangibles. Absolute rights "follow" an object and are therefore considered a droit de suite. They can in theory be invoked against everyone (erga omnes) who happens to have a relation to the object. Types of property rights: primary property rights, secondary property rights to use, secondary property security rights (secondary property rights to acquire a property right) Two reasons why property rights are desirable: theoretical: the freedom of ownership enables free circulation of goods, economic: tragedy of the commons. More than one person can have a title on an object. Primary property rights: most extensive right on an object, right of ownership (civil law, fee simple/title (common law, may be limited by law (e. g. animals, monuments etc. )
