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11 Cards in this Set
- Front
- Back
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how it protection of property rights dealt with in common and civil law |
civil: ownership and possession separated from tort common: fragmented approach, differentiated property rights in goods |
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what does possession require in france and which art |
art 2261: actual control (corpus) and the will to hold the object as an owner |
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how is possession different in germany |
they have direct and indirect possession |
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what is the german direct possession |
acquired through actual control |
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where do you find direct and indirect possession in the bgb |
§868: indirect §854: direct |
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how is protection of possession dealt with in the common law |
dealt with under tort primary remedy is damages property damage gives rise to a claim equitable relief like injunction |
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in the common law if there’s no comparable concept of ownership then what is there instead |
protection of possession |
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what falls under protection of possession in france and germany |
france: moveable and immoveable and corporeal and claims germany: only corporeal objects |
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whats the german equivalent of the french detentor and possessor |
eigenbesitz and frerndbesitz |
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why is it quite easy to get protection for possession in england |
because tort doesnt rquire fault or damage to be shown or established |
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whats the difference between trespass of land and nuisance |
trespass: d enters without consent nuisance: indirect interference like using pollutants and disturbing use and enjoyment |
