2838.19 - Property Law
Upper secondary education or the equivalent.
The purpose of this course is to give the students a basic understanding of property rights over movables, but also to a lesser extent to cover easements as restrictions in the property rights over real property.
The course is organised into two main parts. A bigger part about property right over movables and a smaller part on easements. In the part about property rights over movables the students will gain an insight into sources of law and applicable law regarding concepts like: - How property rights over movables are transferred between persons and the relationship to creditors and other third parties, that have claims regarding the same piece of property. - Dispossession and registration as acts of security regarding the rights of a creditor in the case of an item being sold. - Appropriation as a condition for protecting the purchaser against the seller’s creditors in the case of the purchase of “genus goods”. - Divestment of property as the deciding factor for the transfer of property right, and when the seller can stop divestment. - Retention of title as means of securing the rights of sellers. - Under which conditions the return of an item can be vindicated, and when on the contrary extinction and the right of the purchaser prevails. In the part about easements the students will get insight into this basic system for how rights concerning primarily real property may be restricted. Like how easements can be: -Created by agreement. -Extinguished as a result of expropriation. -Created by longstanding usage. -Provided for by statute. -Created as a condition in a building permit. -Registered as a protection against later proprietors and creditors.
Learning and teaching approaches
Teaching will mainly consist of presentations from teachers, student presentations, exercises and discussions.
After completing this course, the students shall be able to: - Explain the basic rules regarding property law concerning movables and easements. - Explain how property law concerning movables and easement law needs to be limited by legislation and explain how property law and easement law needs to be distinguished from other fields of private law. - Find and organize materials related to property law or easement law and on that basis identify problems and analyze contexts. - Analyse problems related to property law and easement law. - Explain the balance between property law and easement law on the one hand and other societal interest on the other hand and how they can influence the solutions of concrete cases. - Reflect on and argue for solutions to concrete cases where the legal materials are unclear and where there may be competiting arguments. - Communicate knowledge and arguments orally and in writing in a clear and correct manner.
A 4 hour written exam accounts for 2/3 of the grade, while a multiple choice exam half-way through the course counts for 1/3. It is a precondition for the final exam that the student has passed the multiple choice exam, assessed as an independent performance. One single grade is given.
Michael Elmer & Lise Skovby, Ejendomsretten 1, 4. udg., Jurist- og Økonomforbundets Forlag, 1999 (approx. 200 pages). Jens Evald, Dansk servitutret, Jurist- og Økonomforbundets Forlag, 1992 (approx. 90 pages). Materials for Property law, consisting of selected court decisions, will be available on Moodle prior to teaching sessions.