Law of Property

Course Code :1100RECZAK
Study domain:Law
Academic year:2017-2018
Semester:1st semester
Sequentiality:
Contact hours:30
Credits:3
Study load (hours):84
Contract restrictions: No contract restriction
Language of instruction:Dutch
Exam period:exam in the 1st semester
Lecturer(s)Nicolas Carette
Johan Van de Voorde

3. Course contents *

This course purposes to make the students familiar with the main structure of real rights. The domain of law of property is not conceived in an isolated way, but is being analysed in relation to other legal areas which it correlates with (administrative law, law of obligations, human rights, tax law, etc.). This approach tends to discover the importance of these old legal devices in modern law.
The first chapter of the course finds out the general content of real rights. Real rights are situated within the theory of the estate and the common characteristics of real rights are analysed. Which are the distinctive features between real rights and personal rights, what  are the main features of real rights and how is the maintenance of real rights protected?
The second chapter deals with the object of real rights. Different distinctions can be made which are relevant to the domain of property rights: real estate and movables, tangibles and intangibles, different types of public goods, fungibles and non-fungibles, etc. The importance of these distinctions within the area of law of property is being analysed.
The third chapter deals with the various aspects of the right of property (developments, social dimension, limits of property rights, property right as a human right).
The fourth chapter describes the other real rights, esp. usufruct, land lease, construction rights, servitudes and co-ownership.
The last chapter deals with the transmission of real rights. Both the consensual manners to transfer real rights as the legal ways of transmission of real rights (ususcapio, possession, accession, specification) are object of this course.