Transfer of Ownership in European Legal Systems Quiz

Intabulation is a process of entering certain types of property into the state register, it considers immovable property. It is used in Austria and through in tabulation, the acquisition of ownership over immovable property can be established. Transfer of immovable ownership takes place by means of intabulation.

Roman law considers stolen goods as RES INHABILES, precluding their usucaption.

Modern private law systems allow bona fide acquisition of stolen, missing, or lost property under specific circumstances.

<p>Austrian law permits bona fide acquisition through public auctions, from merchants, or from entrusted individuals.</p> Signup and view all the answers

<p>German law states that the acquirer becomes the owner of a thing even if it does not belong to the alienor, under certain conditions.</p> Signup and view all the answers

<p>Swiss law allows a possessor to reclaim stolen or lost property from any possessor within five years, or against reimbursement if the property was acquired in specific ways.</p> Signup and view all the answers

<p>French law allows the owner to reclaim a lost or stolen thing within three years from the possessor.</p> Signup and view all the answers

<p>The original owner may have the lost or stolen thing returned to them only by reimbursing the possessor for the price which it has cost them.</p> Signup and view all the answers

<p>Ownership of the goods is acquired by means of possession, provided the acquirer was of good faith at the time of acquisition and depending on the existence of a title suitable for the transfer of ownership.</p> Signup and view all the answers

<p>The provisions contained in the preceding articles do not apply to aggregates of movable items or to movable items entered into public registers.</p> Signup and view all the answers

<p>Bona fide acquisition pursuant to § 367 ABGB is impossible when the thing in question was a gift from someone other than the owner.</p> Signup and view all the answers

<p>Ownership of movables is acquired after a period of three years' qualified possession, which means possession which is legal, acquired without notice, and without defect.</p> Signup and view all the answers

<p>Even without a valid title, the possessor may acquire ownership provided his possession is acquired without notice and is without defect. The statutory time period in this case is thirty years.</p> Signup and view all the answers

<p>Usucaption of real estate is a departure from the principle of entry into the land register, which demands intabulation as the only mode of acquiring ownership and other rights in rem in immovable property.</p> Signup and view all the answers

<p>Acquisition based on the land register also requires a valid title, consistent with the principle of causal tradition.</p> Signup and view all the answers

<p>The French Code civil reflects a voluntarian approach, where ownership is transferred upon the owner entering an obligation towards the acquirer, such as a valid contract of sale, with ownership being acquired and transmitted by means of obligations.</p> Signup and view all the answers

<p>German law strictly differentiates between the creation of obligations and the conveyance of rights in rem, with the validity of a conveyance being independent of the validity of the underlying agreement, known as the principle of abstraction.</p> Signup and view all the answers

<p>Under German law, the passing of ownership depends on the owner giving the object to the acquirer and both agreeing that ownership passes, with no necessity for agreement on the legal cause for the transfer.</p> Signup and view all the answers

<p>Some European legal systems, such as the Swiss ZGB and the Dutch Burgerlijk Wetboek, as well as the Austrian ABGB, adhere to the principle of causal conveyance, requiring both a valid title (IUSTA CAUSA) and a conveyance (TRADITIO) for the passing of ownership of movables.</p> Signup and view all the answers

<p>The Austrian ABGB follows the doctrine of TITULUS and MODUS, where the acquisition of rights in rem depends on the existence of a legally recognized title and a legal act of conveyance, stipulating that ownership and other rights in rem may only be acquired by transfer and receipt, except in cases explicitly stated by law.</p> Signup and view all the answers

<p>Conveyance of movables under the Austrian ABGB is usually effected by physical handover, declaration, or assignment of possession, with conveyance by signs allowed in specific cases, while immovable property transfer requires entry in the land register.</p> Signup and view all the answers

<p>The passing of ownership of immovable property under the Austrian ABGB is effected by entry in the land register, constitutive in its effect, with a record of the legal agreement entered into the official register intended for this purpose.</p> Signup and view all the answers

<p>The different models concerning the transfer of ownership of movables that have merged in modern civil law codifications include: transfer of ownership by mere consensus, transfer of ownership by abstract conveyance, and transfer of ownership by causal conveyance.</p> Signup and view all the answers

<p>The principle of consensus states that ownership of all physical objects may be transferred by means of TRADITIO, regardless of the former distinction between RES MANCIPI and RES NEC MANCIPI.</p> Signup and view all the answers

<p>According to natural law, we acquire things by TRADITIO. It is reasoned that nothing is more in accordance with natural justice than to recognize as valid the intent of the owner who wants to hand over his possession to another. For this reason, bodily things of all kinds need only to be delivered, and ownership is transferred when this is done by the owner.</p> Signup and view all the answers

<p>Sources from Justinian's time no longer mention MANCIPATIO and IN IURE CESSIO, both of which are acts of conveyance dating from the early days of Roman civil law, instead substituting the informal TRADITIO.</p> Signup and view all the answers

<p>In contrast to older sources, the distinction between civil-law and bonitarian ownership has disappeared. Institutions 2.1.40 emphasizes that ownership of all physical objects may be transferred by means of TRADITIO (regardless of the former distinction between RES MANCIPI and RES NEC MANCIPI).</p> Signup and view all the answers

<p>The informa TRADITIO is a form of transfer of ownership by delivery. Its significance lies in the fact that ownership of all physical objects may be transferred by means of TRADITIO, regardless of the former distinction between RES MANCIPI and RES NEC MANCIPI.</p> Signup and view all the answers

<p>The distinction between civil-law and bonitarian ownership has disappeared. In contrast to older sources, Institutions 2.1.40 emphasizes that ownership of all physical objects may be transferred by means of TRADITIO (regardless of the former distinction between RES MANCIPI and RES NEC MANCIPI).</p> Signup and view all the answers

<p>The principle of consensus in modern civil law codifications allows for the transfer of ownership of movables by mere agreement or consensus between the parties involved.</p> Signup and view all the answers

<p>The different models concerning the transfer of ownership of movables that have merged in modern civil law codifications include transfer of ownership by mere consensus, transfer of ownership by abstract conveyance, and transfer of ownership by causal conveyance.</p> Signup and view all the answers

<p>The acts of conveyance dating from the early days of Roman civil law that are no longer mentioned in sources from Justinian's time are MANCIPATIO and IN IURE CESSIO.</p> Signup and view all the answers

<p>The act of conveyance that has substituted the informa TRADITIO in modern civil law codifications is TRADITIO.</p> Signup and view all the answers

<p>Institutions 2.1.40 emphasises that ownership of all physical objects may be transferred by means of TRADITIO, regardless of the former distinction between RES MANCIPI and RES NEC MANCIPI.</p> Signup and view all the answers

<p>According to natural law in modern civil law codifications, things are acquired by TRADITIO, as nothing is more in accordance with natural justice than to recognize as valid the intent of the owner who wants to hand over his possession to another.</p> Signup and view all the answers

<p>According to modern civil law codifications, ownership of bodily things is transferred when they are delivered by the owner.</p> Signup and view all the answers