Introduktion till juridik 3
Introduction to Property Rights and Legal Application
Overview of Ownership Rights
- The lecture discusses the concept of ownership rights, focusing on how these rights can arise and who is subject to legal jurisdiction.
- Ownership can be transferred through two main types: derivative (from a previous owner) and extinct (through good faith acquisition).
- A common example of derivative ownership is purchasing an item from someone, where the buyer receives ownership in exchange for payment.
Types of Derivative Ownership
- Beneficial derivative transfer occurs when something is given as a gift, while onerous transfer involves a transaction with compensation.
- Extinct ownership arises when one acquires property in good faith, such as buying an item without knowing it belongs to someone else; however, this does not apply to stolen goods.
Originating Ownership
- Originating ownership refers to acquiring items that have no prior owner. For instance, taking a stick from public land grants immediate ownership.
- Creating new objects from raw materials also establishes originating ownership; for example, making pottery from clay or painting on canvas results in new property.
Legal Subjects and Capacity
Who Does the Law Apply To?
- Juridical application extends to both physical persons (individual humans) and juridical persons (organizations or entities).
- Legal capacity refers to the ability of individuals or organizations to hold rights and obligations. All legal subjects possess this capacity.
Distinction Between Legal Capacity and Actionability
- While all individuals have legal capacity (e.g., even unborn children have rights), actionability requires being able to create new rights or obligations through contracts.
- Generally, individuals must be over 18 years old and not declared bankrupt to enter into contracts independently.
Special Cases in Legal Actionability
- Minors aged 16+ may have limited actionability for personal earnings but face restrictions otherwise.
- When dealing with companies, it's crucial that representatives are authorized and not under bankruptcy proceedings before entering agreements.
Understanding 'Person' in Legal Terms
Definition of Person in Law
Understanding Legal Capacity and Rights
Legal Capacity of Minors
- A five-year-old child cannot independently purchase a house due to lack of legal capacity but can own property if received as a gift or inheritance.
- While minors lack the ability to enter into contracts on their own, they can still possess rights and obligations, such as ownership rights.
Distinction Between Having Rights and Enforcing Them
- It is important to differentiate between having rights and being able to enforce them; possessing knowledge about legal matters enhances one's ability to assert these rights.