A property right is a right against a thing. If A sells a bike to B, B gets a property right. A contract which allow B to live for 6 months with A, does not give a property right to B but only a personal right against A. If you have a right related to a thing it is not necessarily a property right. It can either be a personal right or a property right. If it is a property right, the rest of the world is under a "prima facie? duty to B. If it is a personal right, it is only a right against A, so it does not have the same effects. B is the owner of a bike. A steals B's bike. A sells the bike to C. and since C is honest, he also paid £ 100 for the bike. B has a property right on the bike. So the rest of the world (and C) is under prima facie duty to B. The first property right wins. In English law, C has no defense because he paid for the bike.
[...] The nature and protection of property rights 1. Does B have a direct right against C ? 2. Does B have a property right ? 3. Does C have a defence to B's property right ? (Question 1 : The direct right does not arrive very often.) A. A property right is a right against thing. If A sells a bike to B gets a property right. A contract wich allow B to live for 6 months with A does not give a property right to B but only a personal right against A. [...]
[...] In English law, B can sue C and C2 because he's got property rights against the rest of the world. D. How are property rights protected ? B is the owner of the thing. C steals the thing has he still has the thing. B has a property right and he wants his thing back : it is mine : vindicatio. B has a property right. The rest of the world is under a prima facie duty to so is C. [...]
[...] B has a property right on the bike. So the rest of the world (and C.) is under prima facie duty to B. The first property right wins. In English law, C. has no defence because he paid for the bike. C. How can be acquire a property right ? Costello v Chief Constable of Derbyshire (2001) It is about a car. The car belongs to A. This car was stolen by B. B is the claimant Costello). The police has taken the car. [...]
[...] The answer is no Does B have a property right ? If he has got a property right, the police has a prima facie duty to B Does C have a defence to B's property right ? S 19 PACE 1984 : police can keep whilst investigations if there is a possible crime. But they don't have this defence anymore. SO B wins Where does B's property right come from ? B has taken a physical control of the car, so he has got a property right. [...]
[...] For an action, you can be faulty or innocent. Negligence : accidental and faulty Conversion : deliberate and innocent No liabily : accidental and innocent Negligence or Conversion : deliberate and careless The case : B = Kuwait Airways Iraq government steels the plane and gives it to Iraqi Airways, C. B wants to sue C. C is commiting a tort of conversion. HL days that it does not matter if you cause loss or not because you interfere with property right so you cause a loss. [...]
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