Property and Obligations Law
Core concepts
Study ownership and its protection (rei vindicatio, actio negatoria), possession, and the acquisition of property by contract, prescription, and accession. Learn limited rights such as easements and mortgage. In obligations, master the sources of obligations (contract, tort, unjust enrichment), the rules on performance, and remedies for breach, including damages and penalty clauses.
Traps in questions
- Possession and ownership are different; a possessor may not be the owner.
- Acquisition by prescription requires the statutory period and good faith where required.
- A penalty clause is not the same as damages; it may be reduced if excessive.
- Unjust enrichment requires enrichment without a legal ground, not merely a failed contract.
Worked example
A buyer pays but the seller refuses to transfer ownership. Rule of thumb: the buyer may demand performance (transfer) and damages for delay; the claim is contractual, not a property claim, because ownership has not yet passed.