Bussiness Law

...

Same rules apply to Accessio.

The things are applied into one single thing.

5. Specificatio

A new thing is create out of one or more different things.

6. Occupatio

Do you become owner of what you found.

Depends, a movable thing that clearly belongs to no-one (Res nullius)

When you find money on the street → Not yours

How to accuire ownership of what you find. → 7. Finding

7. Finding

Bring (product of value) to the police and hand it over.

After one year you become the owner.

After the year you can collect it within 1 month.

Treasure finding has different rules.

Finding can also happen at a later stage.

8. Treasure finding

Treasure: High value and hidden for a very long time that the owner/heirs can’t be traced.

The finder becomes immediately the owner after declaring/reporting it to the authorities.

When you find treasure in international place can still become owner.

Find something in the garden of someone else. 50/50. Co-ownership.

9. Prescription

Prescription can be acquisitive (3/10 years) or extinctive (20 years)

By 3 years - Rights in movable (non-registered) things + Rights to bearer/order

Theft expires after 5/6 years.

Also land can be owned after 20 years

Prescription can be in good or bad faith.

Uninterrupted possession is required. → Why?

If you rent something you cannot be the owner by p

Loss of Ownership

- By transfer

- By death

- By fixture (e.g.)

- By giving it up/abandoning it

- Via prescription

- By expropriation

- By destruction

Possession and detention

Possessor holds it for itself and a detentor holds it for someone else.

Thief is always a possessor.

- The owner is the person entitled; the thing is part of his estate

- A holder only has effective (or factual) control

- Between ownership and detention is possession; effective control combined with a suggestion of entitlement (the intention to exclude others from the exercise of control)

- The owner is usually possessor

Please note:

- There can only be one possessor

(Exception: co-possession in case of co-ownership)

How do you determine whether there is possession or detention?

- On the basis of appearance

- Legal rules [art. 3:107 DCC]

Who is a detentor/holder?

- Someone who rents, hires or leases something

- Someone who has something on loan

- Someone who manages the affairs of another

- Joy-rider

A holder can’t make himself possessor (or owner)

Possession

- Possession can be in good faith or in bad faith

- Good faith requires that the possessor reasonably considers himself as person entitled

- Good faith remains good faith

- Good faith can arise later

Advantages of possession

- Possessor is considered as person entitled

- Possessor in good faith is entitled to receive both natural and civil fruits

- The person entitled has to pay certain fees to the possessor when he reclaims his property

- Possessory action

- Prescription

Transfer

Nemo plus and Nemo dat rules

Requirements for a valid transfer of property:

- Valid title

- Delivery

- Authority (the right to dispose of the property)

1. Title

- A valid agreement

- Sales agreement

- Gift

- Exchange agreement

- The law (for example tort)

Invalid title?

- Putative title (not in exam)

- Sale to someone who has an appointed guardian

- Rent, loan, lease

- Title is null and void because it results from an agreement that is contrary to the law/public policy

- Title is rendered void (avoided) on the basis of a defect of consent

2. Delivery (registered property)

Ships,