France Germany Netherlands English
Movable and Article 517 Civil 93 BGB: Essential parts of a Art. 3:3 BW: (1) Immovable Property->Land (ownership
Immovable Assets Code: Things (Biens) thing: Parts of a thing that are the land (...) as well as the the land and housing)
of Property Law are immovable, by cannot be separated without buildings and constructions
their nature, by their one or the that are ● What objects does t
purpose, or through the other being destroyed or permanently connected to the property right include?
object to which they underground a change of land, either directly or through
apply nature (essential parts) cannot combination with other ● Land, House, and objec
be the subject of buildings or constructions viewed as part of the land
Article 537: Things separate things (2) Movable are all objects Elitestone Ltd v Morris [1997]
are movable by their that are not immovable
nature or by operation 94(2) BGB: Essential parts of ○ Chattel: somethi
of the law a plot of land or a building: ● Arr 3:4 BW: (1) all that independent to the land- n
the essential parts of a building according to common opinion covered by property right in t
Article 525: The include the things inserted in constitutes part of an object, is land
owner is deemed to order to construct the building a component of that object.
have attached to this (2) an object that is ○ Fixture: something attached
property movable 95(2) BGB: Merely connected with the principal the land- covered by property
effects for perpetual temporary purpose: things object in such a way that it the land.
residence, when they that are inserted into a building cannot be separated without
are sealed therein with for a temporary significant damage being done ○ Part and parcel of the la
plaster or lime or purpose are not parts of the to one of the objects, becomes itself (ie House)
cement, or damaged, or building a component part of the
without breaking or principal object. ● Sculpture: Tower Hamle
damaging the part of 97(1) BGB: Accessories: LBC v Bromley LBC [201
the fund to which they Accessories are movable ● Art. 5.3: (...) owner of an EWHC 1954 → Norris
are attached. things that, without being parts object is the owner of all its ‘Sculpture is an entire object
of the main components itself. It rested by its own weig
thing, are intended to serve the upon the ground and could
economic purpose of the main ● Art. 5:14(1): ownership of (and was) removed witho
thing and are in a spatial a movable object that becomes damage and without diminishi
a component oof another its inherent beauty. It mig
movable adorn or beautify a location, b
object that can be regarded as it was not in any real sen
the principal object, passes to dependent upon that location’
the owner of the principal
object. ● Painting- Botahan and Ors
TBS Bank plc [1996]: Is painti
● Art 5:20: (1) on the wall a fixture? → Look
e) Buildings and constructions degree and purpose
that are permanently annexation
connected to the land, either
directly, or through
incorporation with other
buildings and constructions.
If the painting is incorporated
in the plaster of the ceiling of
a building- then it is
immovable (the same applies
for a statue) and it is part of
the ownership of the owner of
that building, otherwise it
, would be movable.
Ownership: Article 544 of the Paragraph 903 of the Article 5:1 of the Dutch Civil No ownership, prote
objects or things French Civil Code: German Civil Code: the Code: possession
and who they ownership is the right owner of a corporeal object 1. Ownership is the most
belong to to enjoy and dispose of can, when extensive right which a person
things in the most this does not interfere with the can have in a corporeal
property right that complete manner, law or other rights of third object.
a person has in provided they are not parties, do with the object 2. To the exclusion of all
respect to an used in a way what he wishes and exclude others, the owner is free to see
object prohibited by others from interfering.. The the object provided that it
statutes or regulations owner of an animal must, in respects the limitations based
Immaterial the exercise of his powers, upon statutory rules of
relation between France: extends obey the special provisions for unwritten law
the person and the ownership to things the protection of animals 3. Without prejudice to the
object which are corporeal rights of the others, the owner
but also incorporeal Germany and the of the object becomes
(claims) Netherlands: restrict owner of the fruits the object
ownership to corporeal produces, once separated.
objects (they could have a
claim Germany and the
but would not own this right Netherlands: restrict
ownership to corporeal
objects (they could have a
claim
but would not own this right
Protection under Article 1242 Code §828 II BGB X Rylands v Fletcher (1868) LR
Tort law Civil HL 330, protection fro
trespass
Rylands v. Fletcher (again
nuisance)
-Liability under Rylands
Fletcher is regarded as
specific type of nuisance,
form of
,Ownership Article 1 First Article 1 First additional Article 1 First Additional No ownership exists in
protection additional Protocol Protocol ECHR Protocol ECHR classical form, must have an
ECHR protect possession
Article 14 of the German
Grundgesetz (constitution)
[2 types of interferences: 1)
protection of property right
holder against dispossession 2)
Protection against disturbance
of enjoyment of possession]
Possession: not a Possession indicates: Possession indicates: Common law system: Possessi
property right is the primary title to proper
● Existence of a ● Existence of a Property right rights (there is no ownersh
Property right ○ French law (Article 2276 concept)
○ French law (Article CC) and German law (1006
2276 CC) and BGB): ○ Possession= root of title
German law (1006
BGB): Presumption that the possessor ■ Gives exclusive righ
of a movable object is also the to the person exercisi
Presumption that the owner. it.
possessor of a movable ■ Possession of land giv
object is also the ● Publicity regarding the the possessor an esta
owner. situation of an object right over that lan
even if that
●Publicity regarding ○ Possession can lead to a possession was witho
the situation of an person acquiring ownership in title
object certain circumstances.
● Rosenberg v Cook 1881
○Possession can lead
to a person acquiring
ownership in certain
circumstances.
Property law: All things irrespective Germany and Netherlands: Germany and Netherlands: English land law
What can be of one can touch them What one can own as the most What one can own as the most
, owned? or not can be subject to extensive right and extensive right and ● Personal property law: e
property law relation to an object only deals relation to an object only deals cars
with tangible things (claims with tangible things (claims
cannot be the object) cannot be the object)
Article 2278 Code civil
Possession § 858-867 BGB Article 3 :125 BW Rylands v Fletcher (1868) LR
Article 2279 Code civil HL 330,
Possession is § 1007 BGB
terminated when Articles 1264- 1267
animus or corpus Code de procedure
(power over the civil(now abrogated)
asset that is
subject to the Articles 834-835 Code
disturbance or de procedure civil
possession) is lost (action en refere)
Case:Cour de cassation
3eme chambre civile
(24 septembre 2020)
Types of 1) Complainte Self help: Bestitswehr (defense Possessory actions Tort claims (trespass a
possessory claims (complaint) against possession and nuisance) specific recovery
2) Denonciation Besitskehr (possession possession, injunctions, a
de nouvel sweep/move) dispossession
ouvre (
denounciateio Possessory actions, claim for
n of a new restoration of possession
deed)
3) Action en
reintegration
(action and
reintegration)
Neighbour Rights Coquerel v. clement- x stolk/ van der goes (hoge Rylands v Fletcher (1868) LR
and Abuse of bayard (cour de raad, 13 March 1936) HL 330,
rights cassation req, 3 august
1915) -Liability under Rylands
Fletcher is regarded as a speci
-action undertaken to type of nuisance, a form of
harm another falls
under abuse of right
