PROPERTY LAW UPDATED KEY EXAM
QUESTIONS AND CORRECT ANSWERS
1) Property rights
Relative (personal) and absolute (property) rights - CORRECT ANSWERS Rights against a
particular person are called personal rights or relative rights. Rights that are not against a
particular person are called absolute (property) rights.
Property rights and Property law - CORRECT ANSWERS Absolute rights in private law are
called property rights, and property law is the branch of private law that governs these property
rights.
Erga Omnes - CORRECT ANSWERS Property rights are not directed at any particular
person, but because they pertain to an object, they have effect erga omnes. The expression erga
omnes means that property rights are rights with effect against everyone.
Droit de Suite - CORRECT ANSWERS If the object of a right falls into the hands of a person
who does not hold the right, the right holder can exercise his right against that person.
Property Law as a Cornerstone of (Private) Law - CORRECT ANSWERS Property law forms
the basis for other areas of the law as well. When a person holds an entitlement to property,
this invites the application of other areas of law, including the law of taxation, succession, and
marriage.
2) Why property rights?
Freedom of Ownership - CORRECT ANSWERS Property rights actually facilitate the free
circulation of goods by enabling these goods to change owners. A free market economy
, functions on the basis of what is known as the freedom of ownership. The existence of property
rights therefore ensures the free circulation of goods. Property law firmly establishes the
presumption that all objects and things are freely transferable unless explicitly prohibited.
Tragedy of the Commons - CORRECT ANSWERS Economic theory also gives us a good
indication as to why there are property rights and therefore also why there is property law. A
good illustration of why it is good to allow ownership of material objects, as a primary property
right, is offered by the "tragedy of the commons."
3) Property rights in Civil law and Common law
Different forms of property rights - CORRECT ANSWERS - primary property rights, as for
example the right of ownership;
- secondary property rights to use;
- secondary property security rights;
- secondary rights to acquire a property right.
a) Property law in Civil law
Ownership - CORRECT ANSWERS Ownership is a property right that a person has in
respect to some object. This is an immaterial relation between the person and the object,
without the need for any physical equivalent. Although the right of ownership is defined
differently by the various civil law systems, these systems share the idea that the right of
ownership is the most comprehensive right.
Ex: Jean can own a book even if he lent the book to Louise, or if the book was stolen from him.
Possession - CORRECT ANSWERS Possession is not the same as ownership; it is a factual
relation between a person and an object. A person who possesses an object exercises factual
QUESTIONS AND CORRECT ANSWERS
1) Property rights
Relative (personal) and absolute (property) rights - CORRECT ANSWERS Rights against a
particular person are called personal rights or relative rights. Rights that are not against a
particular person are called absolute (property) rights.
Property rights and Property law - CORRECT ANSWERS Absolute rights in private law are
called property rights, and property law is the branch of private law that governs these property
rights.
Erga Omnes - CORRECT ANSWERS Property rights are not directed at any particular
person, but because they pertain to an object, they have effect erga omnes. The expression erga
omnes means that property rights are rights with effect against everyone.
Droit de Suite - CORRECT ANSWERS If the object of a right falls into the hands of a person
who does not hold the right, the right holder can exercise his right against that person.
Property Law as a Cornerstone of (Private) Law - CORRECT ANSWERS Property law forms
the basis for other areas of the law as well. When a person holds an entitlement to property,
this invites the application of other areas of law, including the law of taxation, succession, and
marriage.
2) Why property rights?
Freedom of Ownership - CORRECT ANSWERS Property rights actually facilitate the free
circulation of goods by enabling these goods to change owners. A free market economy
, functions on the basis of what is known as the freedom of ownership. The existence of property
rights therefore ensures the free circulation of goods. Property law firmly establishes the
presumption that all objects and things are freely transferable unless explicitly prohibited.
Tragedy of the Commons - CORRECT ANSWERS Economic theory also gives us a good
indication as to why there are property rights and therefore also why there is property law. A
good illustration of why it is good to allow ownership of material objects, as a primary property
right, is offered by the "tragedy of the commons."
3) Property rights in Civil law and Common law
Different forms of property rights - CORRECT ANSWERS - primary property rights, as for
example the right of ownership;
- secondary property rights to use;
- secondary property security rights;
- secondary rights to acquire a property right.
a) Property law in Civil law
Ownership - CORRECT ANSWERS Ownership is a property right that a person has in
respect to some object. This is an immaterial relation between the person and the object,
without the need for any physical equivalent. Although the right of ownership is defined
differently by the various civil law systems, these systems share the idea that the right of
ownership is the most comprehensive right.
Ex: Jean can own a book even if he lent the book to Louise, or if the book was stolen from him.
Possession - CORRECT ANSWERS Possession is not the same as ownership; it is a factual
relation between a person and an object. A person who possesses an object exercises factual
