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Questions and Answers
True or false:The common-law definition of ownership is based on the incompleteness of the right.
True or false:The common-law definition of ownership is based on the incompleteness of the right.
False (B)
True or false: The principle of nemo plus iuris ad alium transferre potest quam ipse haberet means that anyone can transfer more rights than they have in relation to a thing.
True or false: The principle of nemo plus iuris ad alium transferre potest quam ipse haberet means that anyone can transfer more rights than they have in relation to a thing.
False (A)
True or false: Ownership ceases to exist when the property is put in the hands of a third party.
True or false: Ownership ceases to exist when the property is put in the hands of a third party.
False (A)
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Study Notes
- Common-law definition of ownership is based on the completeness of the right.
- Only the owner has the most complete and absolute entitlements to their property.
- The principle of nemo plus iuris ad alium transferre potest quam ipse haberet is linked to this understanding.
- No one can transfer more rights than they have in relation to a thing.
- Ownership remains intact even when the property is put in the hands of a third party.
- The person who purports to transfer ownership or derivative rights needs the cooperation of the owner.
- Theoretical completeness of ownership means that no one can have more rights than the owner.
- The principle of nemo plus iuris ad alium transferre potest quam ipse haberet means that no one can transfer more rights than they have.
- Ownership remains intact even when the property is put in the hands of a third party.
- Cooperation of the owner is necessary for transferring ownership or derivative rights.
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