Real Rights: Legal Framework and Priorities

In course

Description

This lecture delves into the legal framework of real rights, focusing on the freedom of contract in Swiss law, the types of contracts provided by the legislator, and the limitations on inventing new types of real rights. It also explains the concept of priority in real rights, the establishment of different ranks in mortgage rights, and the implications of these ranks in case of forced realization of the property. The lecture concludes with insights on the repayment of mortgages, the importance of contractual agreements with banks, and the distinction between priority in real rights and priority in time. The instructor also shares final remarks, expressing regret for the lack of in-person interaction due to the pandemic and highlighting the enduring passion and curiosity of students in the field of natural sciences.

Official source

https://mediaspace.epfl.ch/media/0_3nhgc6p8

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Related concepts (11)

Contract

A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more mutually agreeing parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. A binding agreement between actors in international law is known as a treaty.

Freedom of contract

Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on price fixing, or restrictions on contracting with undocumented workers. The freedom to contract is the underpinning of laissez-faire economics and is a cornerstone of free-market libertarianism.

Contractual term

A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract.

Statute of limitations

A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details.

English contract law

English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract.