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17 Cards in this Set
- Front
- Back
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what legal traditions do france germany and the netherlands follow |
fr: romanic gr: germanic nl: mix between the two |
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what are the 3 main civil law ownership rights |
1) rights of real servitude 2) rights of personal servitude 3) superficies and emphyteusis |
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what are additional property rights in fr gr and nl |
fr: construction lease gr: limited personal servitude nl: apartment right |
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where do you find definition of oenership in gr/fr/nl |
gr: §903 fr: Art 544 Cciv nl: Art 5:1 BW |
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how is ownership seen in germany |
an indivisible power over an object cant be separated |
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what is ownership like in france |
usus/ fructus/ abusus can grant a right of usufruct |
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what is ownership like in nl |
like france has usus fructus abusus new definition of ownership under Art 5:2 focuses on nature of the right than on the powers of the owner |
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where do you find the law on servitudes in fr/gr/nl |
fr: Art 637,686 gr: §1018 nl: Art5:70/5:71 |
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how are usufructs treated differently in germany compared to fr & nl |
gr you cant assign a usufruct to another whereas in fr and nl you can fr & nl theres an inventory of the usufruct holders rights whereas in germany its optional |
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what are examples of personal servitudes |
emphyteusis and superficies |
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how does the common law handle property rights |
separates property rights from land and goods |
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how do we know the property rights for land |
theres a numerus clausus |
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what is necessary for a lease to exist (common law) |
grant of a right of exclusive possession for a term |
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what are some characteristics of a lease |
rights of the lessee can bind successor burden of the lease runs with the land |
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what case says a requirement of a lease is that there be a certain term |
Prudential Assurance Co Ltd v London Residuary Body |
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what are requirements for an easement in common law |
1. dom and serv tenement 2. must accommodate the dom tenement 3. they must be different people 4. content of right must be certain 5. no positive obligation on the servient tenement 6. right must not be negative |
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what case established the common law easement requirements |
re Ellenborough Park |
