Fiche révision common law
Property rights : rights over things. You do not sell a thing, you sell the rights to a thing. who es entitled to use such things how they are entitled such things
Different property rights : personal right (not binding to C) , property right, persistent right (both binding to C).
personal right : it is a right against a person. B can bind A but not C.
Ex : A makes contractual promise to B to mow B's land. A then gives his mower to C as a gift.
Solution : B has a personal right against A but not against C since it's a personal right, and as such; not binding to C.
property right : right against a thing. Its is binding to C. B must focus on the thing rather then on the person. B's property is prima facie binding on the rest of the world. It is an exclusif right to B, and gives a duty for anybody no to interfere with B's property right against a thing. B has an exclusif control over that thing. B may have to show he has acquired a certain right by registrating his right, for example in Land registry. Therefore C will know that B has a pre-existing right over C.
persistent rights : it is a right against a right. It is binding to C. B does not need a particular thing or person. Instead B needs to show that C has aquired a right that depends on the right against which B has a right. The main rule is that if A has a charge with C, B just needs to show he has a pre existing right over A, binding to C (prima facie). B has a persistent right whenever he can show that A is under a duty to B in relation to a specific thing. How are property rights protected ?
The ownership in the common law system cannot be summoned directly : it is done indirectly. B will have to show that he has a property right over a thing, and that C is interfering with B's thing, meaning he is in breach over the duty not to interfere with B's property rights. C has hence committed a wrong :