Legal System
of
Civil Law

• Foundation of Dutch civil law
  • Basics of Dutch civil law in comparison with other legal systems
  • Continental Law and Anglo-American Law
    • Property rights in rem and property rights in personam
    • Three fields of law with respect to valuable rights (in continental law and Anglo-American law)
    • Property law in continental law and Anglo-American law systems
    • The law of obligation in continental law and Anglo-American law systems
  • How to approach Dutch civil (private) law?
  • Dutch civil law in practice
  • Dutch Civil Code (DCC)
  • Standards of reasonableness and fairness in Dutch civil law
  • Criticism on the current Dutch Civil Code
• Principles of Dutch law
  • What is law anyway?
  • The law as a collection of rules of behaviour
  • Civil law
  • Valuable rights ('droit patrimonial')
  • Property rights
• Juridical facts and legal effects
  • The 'law at ease' and the 'law in motion'
  • Juridical facts
  • Legal effects
  • Juridical facts and legal effects in Dutch civil law
  • Inactive juridical facts
  • Active juridical facts: 'operational acts' and 'juridical acts'
    • Operational acts: 'lawful acts' and 'unlawful acts'
    • Juridical acts (acts of law)
  • Passage of property demands two juridical acts
• Property rights
  • The law of valuable rights
  • Valuable rights 'in rem' and 'in personam'
    • Valuable rights in rem: real property rights and intellectual
      property rights
    • Valuable rights in personam: obligatory claims and options
    • Legal duties and debts
  • The two most important valuable rights of Dutch civil law
  • Main differences between obligatory claims and real property rights
    • Open and closed system
    • Publicity of the existence of obligatory claims and real property rights
    • Real effect: right of continuation ('droit du suite')
    • Priority
    • Separation
  • Fading differences between real property rights and obligatory claims
    • Qualitative debts
    • Qualitative obligations
    • Qualitative claims
    • Obligatory claims subject to the priority principle
    • General and particular privileges
• Acquisition of property rights
  • Real property rights of Dutch civil law ('closed system')
  • Real property rights, possession and holdership
  • Accession to property
  • Juridical facts leading to acquisition of property
  • Original and derivative acquisition of property
  • Creation, passage and loss of property rights
  • Passage of property rights under universal or particular title of succession
  • Acquisition under universal title
    • Acquisition under universal title out of an inheritance
    • Acquisition under universal title because of a marriage under a marital community of property
    • Acquisition under universal title in the event of a legal merger or spilt up involving two or more legal persons
  • Acquisition under particular title
    • Transfer of property
    • Establishment of limited (real) property rights
    • Apportionment of a community of property
  • Acquisitive prescription

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