Summary
Divisions of the substantive civil law:
1. Law of Property—Proprietary rights in rem.
2. Law of Obligations—Proprietary rights in personam.
3. Law of Status—Personal rights.
Meanings of the term property:
1. All legal rights.
2. All proprietary rights.
3. All proprietary rights in rem.
4. Rights of ownership in material things.
Divisions of the law of property:
1. Ownership of material things—Corporeal property.
2. Rights in re propria in immaterial things: e.g. patents and
trade-marks.
3. Rights in re aliena over material or immaterial things: e.g.
leases, trusts, and securities.
The ownership of material things.
Its essential qualities:
1. Generality.
2. Permanence.
3. Inheritance.
Ownership of land in English law.
Movable and immovable property. Land and chattels.
Movable and immovable rights.
The local situation of rights.
Real and personal property.
Meanings of the term chattel.
Rights in re propria in immaterial things:
1. Patents.
2. Literary copyright.
3. Artistic copyright.
4. Musical and dramatic copyright.
5. Good-will, trade-marks, and trade-names.
Encumbrances over property:
1. Leases.
Their nature.
Their subject-matter.
Their duration.
2. Servitudes.
Their nature.
Their kinds:
1. Public and private.
2. Appurtenant and in gross.
3. Securities.
Their nature.
Mortgages and Liens.
The essential nature of a mortgage.
Equities of redemption.
Mortgages { By way of assignment.
{ By way of encumbrance.
The double ownership of mortgaged property.
The reduction of mortgages to liens.
The kinds of liens.
Modes of acquiring property:
I. Possession.
1. Absolute title to res nullius. Absolute ownership.
2. Relative title to res aliena. Possessory ownership.
II. Prescription.
1. Positive or acquisitive.
2. Negative or extinctive.
Rational basis of prescription.
Presumption of coincidence of possession and ownership.
Classes of rights subject to prescription.
Prescription { Perfect.
{ Imperfect—the limitation of actions.
III. Agreement.
{ 1. Assignment.
{ 2. Grant.
{ 1. Formal.
{ 2. Informal.
The efficacy of agreement.
Nemo dat quod non habet.
Exceptions:
1. Separation of legal and equitable ownership.
2. Separation of ownership and possession.
IV. Inheritance.
Rights { Inheritable.
{ Uninheritable.
The representatives of dead men.
The creditors of dead men.
The beneficiaries of dead men.
1. Ab intestato.
2. Ex testamento.
The limits of testamentary power.