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Course No….., Property Law I

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Course No….., Property Law I https://chilot.me Course No….., Property Law I PROPERTY LAW I TABLE OF CONTENTS Introduction to the Module ........................................................................................ 1 UNIT ONE CHAPTER ONE .................................................................................................... 4 INTRODUCTION TO AND JUSTIFICATION OF PRIVATE PROPERTY ............................................................................................................ 4 Introduction to the concept of property ............................................................... 4 The major theories for justification of property (private) .................................. 5 The Occupation (Natural Law) Theory ................................................................ 6 The Labour (Positive) Theory: .............................................................................. 6 The Personality (Metaphysical) Theory: .............................................................. 7 The Economic (Sociological) Theory .................................................................... 7 Activity One ................................................................................................................ 8 CHAPTER TWO ................................................................................................. 10 CLASSIFICATION OF THINGS ................................................................. 10 2.1. Basic Classification of Things – Movables and Immovables ..................... 10 2.1.1. Definition of the terms ‘things’ and ‘goods’ ......................................... 10 2.1.2. Classification of things as movables and immovables ......................... 11 2.1.3. Intrinsic Elements and Accessories ....................................................... 15 2.1.3(a). Intrinsic Elements 2.1.3(b). Accessory Elements 2.1.4. The legal consequences of classification of things................................ 22 Activity Two .............................................................................................................. 26 CHAPTER THREE .................................................................................................. 29 POSSESSION AND ITS VARIOUS ASPECTS .................................................... 29 3.1 The Definition and purposes of protecting possession ................................ 29 3.2. Elements of Possession .................................................................................. 30 3.3. Modes of Acquisition, Transfer or Loss of Possession. .............................. 32 3.4. Defects in possession ...................................................................................... 38 3.5. Rights Available to a possessor..................................................................... 40 Activity Three ........................................................................................................... 44 Haramaya University, Faculty of 1 Continuing and Distance Education https://chilot.me Course No….., Property Law I UNIT TWO OWNERSHIP RIGHT ............................................................................................. 46 Introduction .............................................................................................................. 46 What is Ownership right? Rights that constitute Ownership right Real Rights Activity One .............................................................................................................. 51 CHAPTER TWO ...................................................................................................... 53 ACQUISITION OF OWNERSHIP RIGHT .......................................................... 53 1. Occupation ..................................................................................................... 54 Activity Two .............................................................................................................. 62 2. Possession in Good Faith .......................................................................... 64 Activity Three ........................................................................................................... 68 3. Usucaption ...................................................................................................... 69 Activity Four ............................................................................................................. 71 4. Accession ......................................................................................................... 72 Activity Five ................................................................. Error! Bookmark not defined. CHAPTER THREE .................................................................................................. 80 TRANSFER OF OWNERSHIP .............................................................................. 80 Movable things Immovable Things Activity Six ................................................................................................................ 82 CHAPTER FOUR .................................................................................................... 84 EXTINCTION OF OWNERSHIP .......................................................................... 84 Loss of the thing Haramaya University, Faculty of 2 Continuing and Distance Education https://chilot.me Course No….., Property Law I Acquisition of the thing by a third party Striking off register Waiving of right Prescription Activity Seven ............................................................................................................ 88 CHAPTER FIVE ...................................................................................................... 89 PROOF OF OWNERSHIP ...................................................................................... 89 Movable Things Immovable Things Activity Eight ............................................................................................................ 92 CHAPTER SIX ......................................................................................................... 93 RIGHTS AND DUTIES OF OWNER .................................................................... 93 Activity Nine .............................................................................................................. 97 CHAPTER SEVEN ............................................................................................. 99 OWNERSHIP AND USE OF WATER. ...................................................... 99 General Introduction ............................................................................................ 99 International Theories:- ..................................................................................... 100 The Absolute Territorial Sovereignty ............................................................... 100 Absolute Territorial Integrity ........................................................................... 101 Limited Territorial Sovereignty ........................................................................ 101 National Theories (Doctrines)............................................................................ 102 The Riparian Doctrine ....................................................................................... 103 Prior Appropriation Doctrine ........................................................................... 104 Articles from the proclamation : ....................................................................... 106 Activity Ten ............................................................................................................. 108 Haramaya University, Faculty of 3 Continuing and Distance Education https://chilot.me https://chilot.me Course No….., Property Law I Introduction to the Module This course (Property Law I) starts with short discussion of private property and the things that can be put under private control as well as property rights that can be exercised over the things individually. The provisions of Civil Code (1126 – 1256) which deal with property Law I proceeds with the general assumption that all the rights or powers which can be exercised over things are vested in single individual. When we talk about powers or rights which can be exercised over things, we are referring to such powers or rights as the right to use, collect fruit, possess and manage the thing, give privileges to other individuals, create rights in rem like pledge, mortgage, usufruct, servitude and most importantly the right to alienate (transfer) the thing to another person or the right to put an end to the commercial use of the thing. The course raises so many questions and addresses the issues in different ways. In the first part of the course some theoretical issues about private property are raised. The justification for property as well as the basic difference between patrimony and property is briefly discussed in this part. In the next part of the course you get some articles (1126 – 1139), which raises some basic issues about things which can be the subject matter of individual property rights. In these articles you get the classification of things as movables and immovable as well as intrinsic elements and accessories. The articles also provide for some basic legal consequence of such classifications. In the other part of the course you get articles 1140 – 1150. These provisions focus on the first and the important property rights, i.e. the right of possession. The provisions mainly deal with issues
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