JUR 3655 Dynamic Law of Property
JUR 3655 Dynamic Law of Property
Dynamic property law encompasses the rules concerning bona fide acquisition and creditor acquisition. The common denominator for these rules is that they allow a third party to displace the rights of others to real estate, movable property, and other types of assets.
The rules on bona fide acquisition concern two scenarios. The first is when a person who has initially been entitled to dispose of an asset promises two or more persons incompatible rights to that asset. An example is when Peder Ås sells his apartment to Marte Kirkerud today, and then sells the same apartment to Lars Holm tomorrow. The rights Peder has promised both Marte and Lars through the two sales—ownership of the apartment—cannot coexist: Marte and Lars cannot both simultaneously have full ownership rights individually. There is a need for legal rules to resolve this conflict of rights: Will Marte receive ownership since her purchase predates Lars's purchase? Or will Lars's later acquisition extinguish Marte's right? The second scenario that the rules of bona fide acquisition apply to is where a person has sold, pledged, or otherwise disposed of an asset even though they have never been entitled to make that disposition. An example of this is when Peder Ås sells a property to Marte Kirkerud even though it belongs to Lars Holm, and Lars has never given Peder the right to sell the property. Does Lars retain ownership, or does Marte extinguish Lars's right through the purchase?
The rules on creditor acquisition relate to the situation where creditors of a person (the debtor) seek to enforce claims against the debtor. Creditor seizures can occur both when an individual creditor seizes one of the debtor's assets and when the debtor is subjected to bankruptcy proceedings, and the bankruptcy estate seizes the debtor's assets altogether. The starting point under the Enforcement Act § 2-2 is that the debtor's creditors do not acquire better rights than those held by the debtor at the time the seizure is established or bankruptcy is opened. The rules on creditor acquisition make exceptions to this starting point, allowing creditors in some cases to gain better rights to certain assets than the debtor had at the time of seizure or bankruptcy opening, thereby extinguishing or otherwise displacing the rights of other persons in these assets.
Upon completion of the course, students shall have a good knowledge of:
- The rights individuals can have to assets and the various bases for such rights.
- The rules that govern bona fide acquisition of rights in real estate, movable property, simple monetary claims, and shares.
- Creditor acquisition of rights in real estate, movable property, simple monetary claims, and shares.
- The actions that a holder of a right to an asset must take to protect the right against bona fide or creditor acquisition.
- The relationship between considerations of legitimacy, publicity, and notoriety, and the rules on conflicts of rights, including why the resolution of various forms of conflicts of rights may vary from asset to asset.
Upon completion of the course, students shall be able to:
- Identify conflicts of rights and discuss these based on statutory and non-statutory legal rules.
- Advise rights holders on what actions they should take to secure their rights against competing rights.
- Critically discuss which interests are safeguarded by the rules and alternative models for resolving interest conflicts in this area.
Upon completion of the course, students shall be able to:
- Identify conflicts of rights and discuss these based on statutory and non-statutory legal rules.
- Advise holders of rights to assets on what actions they should take to protect their rights against bona fide or creditor acquisition.
- Critically discuss which interests are safeguarded by the rules and alternative models for resolving interest conflicts in this area.
- Different types of rights to assets, the basis for these rights, and the rules regarding the transfer of rights.
- Considerations of legitimacy, publicity, and notoriety.
- The priority relationship between various rights.
- Bona fide acquisition of rights in real estate, movable property, simple monetary claims, and shares.
- Non-statutory bona fide acquisition.
- Various forms of creditor seizure.
- Protection of existing rights against creditor seizure.
- The relationship to EU/EEA legal obligations and the ECHR law.
Teaching consists of traditional lectures, various digital offerings, and self-study. The main focus of the structured teaching will be on lectures and problem-solving.
Higher Education Entrance Qualification
Disclaimer
Deviations in teaching and exams may occur if external conditions or unforeseen events call for this.
Assessments |
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Exam category: School Exam Form of assessment: Written School Exam - digital Exam/hand-in semester: First Semester Weight: 100 Grouping: Individual Support materials:
Duration: 6 Hour(s) Exam code: JUR 36551 Grading scale: ECTS Resit: Examination every semester |
Activity | Duration | Comment |
---|---|---|
Teaching | 30 Hour(s) | |
Feedback activities and counselling | 2 Hour(s) | |
Individual problem solving | 13 Hour(s) | |
Examination | 6 Hour(s) | |
Student's own work with learning resources | 149 Hour(s) |
A course of 1 ECTS credit corresponds to a workload of 26-30 hours. Therefore a course of 7,5 ECTS credit corresponds to a workload of at least 200 hours.