Fiche révision common law

3790 mots 16 pages
Topic 1 : nature and protection of property rights

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 :

en relation

  • Commentaire d’arrêt : cass, civ 3, 19 janvier 2005, n°03
    2531 mots | 11 pages
  • BTS COMMUNICATION DE VILLE DES SES SABLONS
    1032 mots | 5 pages
  • Cours première année AES Droit
    13124 mots | 53 pages
  • Mémenton TVA partie 1
    8619 mots | 35 pages
  • Modele de statuts sarl
    3410 mots | 14 pages
  • TD 2 Cas Delande
    5837 mots | 24 pages
  • Le prix civ. 3, 29 janvier 2003, bull.bull.
    5537 mots | 23 pages
  • Td droit commercial
    872 mots | 4 pages
  • aes doit cours
    8392 mots | 34 pages
  • Commentaire de l’arrêt : ce, 20 mars 2017, n°3320320320320320
    2536 mots | 11 pages
  • Commentaire d'arrêt cass 26 novembre 2020
    2364 mots | 10 pages
  • Cas pratique droit de la famille
    584 mots | 3 pages
  • Cas pratique droit privé
    1572 mots | 7 pages
  • guide sur les brevets
    1840 mots | 8 pages
  • LES SUJET DE DISERTATION JURIDIQUE
    1623 mots | 7 pages