INTRODUCTION TO PHILOSOPHY OF GLOBAL
LAW
2025-2026
GLOSSARY
Term Definition / Exam Meaning
Absolute Right Right enforceable against everyone (erga omnes).
Abstract Transfer Ownership transfer is independent of the validity of the underlying
System contract (Germany).
Accession Ownership acquired when one object becomes part of another.
Acquisitive Acquiring ownership through long-term possession.
Prescription
Actio Negatoria Action to stop unlawful interference with property.
Adverse Possession Common law equivalent of acquisitive prescription.
Animus Possidendi Intention to possess as owner.
Assignment Transfer of a claim from one person to another.
Bona Fide Purchaser Good-faith purchaser unaware of defects in title.
Bundle of Rights Common law view of ownership as a collection of separate rights.
Causa Legal reason for transfer (sale, gift, exchange).
Causal Transfer System Transfer depends on a valid underlying contract (France,
Netherlands).
Chattel Movable property in common law.
Claim Right to demand performance from another person.
Collateral Asset used to secure a debt.
COMI Centre of Main Interests; determines jurisdiction in EU insolvency
proceedings.
Commixtio Mixing of goods that remain distinguishable but not individually
identifiable.
Concursus Creditorum All creditors participate collectively in insolvency proceedings.
Confusio Complete mixing of goods leading to co-ownership.
Constitutive Registration is required for the right to exist.
Registration
Constitutum Transfer where ownership changes but transferor keeps possession.
Possessorium
Contractual Right Right enforceable only against a specific person.
Corpus Possessionis Physical control over an object.
Debtor in Possession Debtor remains in control during Chapter 11 restructuring.
(DIP)
Declaratory Registration only publicises an already existing right.
Registration
Delivery (Traditio) Act transferring possession.
Dominant Tenement Land benefiting from an easement.
Droit de Suite Property right follows the object after transfer.
Easement Right benefiting one parcel of land over another.
, Property & Insolvency Law
Equity Common law principles developed to achieve fairness.
Erga Omnes Against everyone.
Estate Proprietary interest in land under common law.
Fee Simple Strongest ownership-like estate in common law.
Fixture Object attached to land and treated as part of it.
Foreclosure Enforcement of a security right.
Good Faith Honest belief that one is acting lawfully.
Ground Lease Long-term right to use another's land.
Hypothec Civil law security right over property (similar to mortgage).
Immovable Property Property that cannot be moved (land, buildings).
In Personam Against a person.
In Rem Against a thing; property right.
Insolvency Inability to
Page 2
, Property & Insolvency Law
KEY ARTCILES
Jurisdiction Article / Topic Why It Matters
Section
Netherlands Art. 3:3 BW Movable vs Definition of immovables
immovable
property
Netherlands Art. 3:84 BW Transfer of Core Dutch transfer requirements:
property valid title + power to dispose +
delivery
Netherlands Art. 3:92 BW Retention of title Seller retains ownership until
payment
Germany § 93 BGB Essential parts Determines whether objects become
part of land
Germany § 873 BGB Transfer of land Registration required
Germany § 929 BGB Transfer of Agreement + delivery
movables
Germany § 892 BGB Public faith of Protection of good-faith acquirers
register
France Art. 1196 CC Transfer of Ownership generally passes by
ownership agreement
France Art. 1583 CC Sale and transfer Classical consensual transfer rule
ECHR Art. 1 Protection of Human rights protection of property
Protocol 1 property
U.S. Bankruptcy § 1107 Debtor in Core Chapter 11 concept
Code Possession
U.S. Bankruptcy § 1104 Trustee Fraud/mismanagement
Code appointment
U.S. Bankruptcy § 1102–1103 Creditors' Creditor representation
Code Committee
U.S. Bankruptcy § 1121 Reorganization Debtor's exclusivity period
Code plan
U.S. Bankruptcy § 1122 Classification of Voting classes
Code claims
U.S. Bankruptcy § 1126 Voting on plan Creditor approval
Code
U.S. Bankruptcy § 1129 Confirmation of Most important Chapter 11 section
Code plan
U.S. Bankruptcy § 1141 Effect of Plan becomes binding
Code confirmation
EU Insolvency Art. 3 COMI jurisdiction Determines main proceedings
Regulation
Page 3
, Property & Insolvency Law
EU Insolvency Arts. 19–32 Recognition Automatic recognition of proceedings
Regulation
EU Insolvency Art. 7 Lex fori concursus Applicable insolvency law
Regulation
EU Restructuring Title II Preventive Debtor-in-possession framework
Directive restructuring
EU Restructuring Title III Discharge of debt Second-chance principle
Directive
EU Restructuring Cross-class Restructuring plans Important restructuring mechanism
Directive cram-down
rules
Page 4
LAW
2025-2026
GLOSSARY
Term Definition / Exam Meaning
Absolute Right Right enforceable against everyone (erga omnes).
Abstract Transfer Ownership transfer is independent of the validity of the underlying
System contract (Germany).
Accession Ownership acquired when one object becomes part of another.
Acquisitive Acquiring ownership through long-term possession.
Prescription
Actio Negatoria Action to stop unlawful interference with property.
Adverse Possession Common law equivalent of acquisitive prescription.
Animus Possidendi Intention to possess as owner.
Assignment Transfer of a claim from one person to another.
Bona Fide Purchaser Good-faith purchaser unaware of defects in title.
Bundle of Rights Common law view of ownership as a collection of separate rights.
Causa Legal reason for transfer (sale, gift, exchange).
Causal Transfer System Transfer depends on a valid underlying contract (France,
Netherlands).
Chattel Movable property in common law.
Claim Right to demand performance from another person.
Collateral Asset used to secure a debt.
COMI Centre of Main Interests; determines jurisdiction in EU insolvency
proceedings.
Commixtio Mixing of goods that remain distinguishable but not individually
identifiable.
Concursus Creditorum All creditors participate collectively in insolvency proceedings.
Confusio Complete mixing of goods leading to co-ownership.
Constitutive Registration is required for the right to exist.
Registration
Constitutum Transfer where ownership changes but transferor keeps possession.
Possessorium
Contractual Right Right enforceable only against a specific person.
Corpus Possessionis Physical control over an object.
Debtor in Possession Debtor remains in control during Chapter 11 restructuring.
(DIP)
Declaratory Registration only publicises an already existing right.
Registration
Delivery (Traditio) Act transferring possession.
Dominant Tenement Land benefiting from an easement.
Droit de Suite Property right follows the object after transfer.
Easement Right benefiting one parcel of land over another.
, Property & Insolvency Law
Equity Common law principles developed to achieve fairness.
Erga Omnes Against everyone.
Estate Proprietary interest in land under common law.
Fee Simple Strongest ownership-like estate in common law.
Fixture Object attached to land and treated as part of it.
Foreclosure Enforcement of a security right.
Good Faith Honest belief that one is acting lawfully.
Ground Lease Long-term right to use another's land.
Hypothec Civil law security right over property (similar to mortgage).
Immovable Property Property that cannot be moved (land, buildings).
In Personam Against a person.
In Rem Against a thing; property right.
Insolvency Inability to
Page 2
, Property & Insolvency Law
KEY ARTCILES
Jurisdiction Article / Topic Why It Matters
Section
Netherlands Art. 3:3 BW Movable vs Definition of immovables
immovable
property
Netherlands Art. 3:84 BW Transfer of Core Dutch transfer requirements:
property valid title + power to dispose +
delivery
Netherlands Art. 3:92 BW Retention of title Seller retains ownership until
payment
Germany § 93 BGB Essential parts Determines whether objects become
part of land
Germany § 873 BGB Transfer of land Registration required
Germany § 929 BGB Transfer of Agreement + delivery
movables
Germany § 892 BGB Public faith of Protection of good-faith acquirers
register
France Art. 1196 CC Transfer of Ownership generally passes by
ownership agreement
France Art. 1583 CC Sale and transfer Classical consensual transfer rule
ECHR Art. 1 Protection of Human rights protection of property
Protocol 1 property
U.S. Bankruptcy § 1107 Debtor in Core Chapter 11 concept
Code Possession
U.S. Bankruptcy § 1104 Trustee Fraud/mismanagement
Code appointment
U.S. Bankruptcy § 1102–1103 Creditors' Creditor representation
Code Committee
U.S. Bankruptcy § 1121 Reorganization Debtor's exclusivity period
Code plan
U.S. Bankruptcy § 1122 Classification of Voting classes
Code claims
U.S. Bankruptcy § 1126 Voting on plan Creditor approval
Code
U.S. Bankruptcy § 1129 Confirmation of Most important Chapter 11 section
Code plan
U.S. Bankruptcy § 1141 Effect of Plan becomes binding
Code confirmation
EU Insolvency Art. 3 COMI jurisdiction Determines main proceedings
Regulation
Page 3
, Property & Insolvency Law
EU Insolvency Arts. 19–32 Recognition Automatic recognition of proceedings
Regulation
EU Insolvency Art. 7 Lex fori concursus Applicable insolvency law
Regulation
EU Restructuring Title II Preventive Debtor-in-possession framework
Directive restructuring
EU Restructuring Title III Discharge of debt Second-chance principle
Directive
EU Restructuring Cross-class Restructuring plans Important restructuring mechanism
Directive cram-down
rules
Page 4
