Veidlapa Nr. M-3 (8)
Study Course Description

Property Law

Main Study Course Information

Course Code
JF_380
Branch of Science
Civil Rights; Law
ECTS
3.00
Target Audience
Law
LQF
Level 6
Study Type And Form
Full-Time; Part-Time

Study Course Implementer

Course Supervisor
Structure Unit Manager
Structural Unit
Faculty of Social Sciences
Contacts

Dzirciema street 16, Rīga, szf@rsu.lv

About Study Course

Objective

To provide students with systematic knowledge of the institute of property law and its legal regulation, to develop the ability to identify and analyze property law issues, to apply regulations, case law and legal doctrine, as well as to legally argue and justify property law problem solutions.

Preliminary Knowledge

On the system of civil law, subjects and objects of civil relations, principles of civil law, as well as the system of legal norms, sources of law, interpretation and application of legal norms.

Learning Outcomes

Knowledge

1.Name and describe the basic concepts, principles, objects and classification of property law. 2. Describe the institutes of property law – possession, ownership, co-ownership, restrictions on ownership, right of construction, easements, real encumbrances and pledge – their content, legal prerequisites for establishment, use, protection and termination. 3. Explain the differences between the institutes of property law, their place in the system of civil law and the basic principles for application of the legal norms regulating them.

Skills

1.Classifies objects of property law and identifies the institute of property law and legal norms applicable to a specific legal situation. 2. Analyses problems of property law by applying laws and regulations, case law and legal doctrine. 3. Formulates and legally argues a solution to a problem of property law.

Competences

1.Independently assesses problems of property law, selects the necessary legal sources for their resolution and develops a legally justified solution. 2. Argues a legal position on issues of property law and assesses the validity of alternative legal solutions.

Assessment

Individual work

Title
% from total grade
Grade
1.

Independent work

-
-

Self-study of legal literature, regulations and case law.

Examination

Title
% from total grade
Grade
1.

Knowledge test and practical test

25.00% from total grade
10 points

Individual written examination consisting of two parts:

Part 1 – knowledge test.

Test and short answer questions on the basic concepts, terminology, classification of property and the property law institutes studied up to the interim examination.

Part 2 – practical task (case).

Analysis of a legal situation in which the student must identify the legally significant factual circumstances and the property law problem, determine the applicable property law institute and legal norms and formulate a legally justified solution.

Assessment criteria:

  1. knowledge of property law concepts, institutes and legal framework – 50 %;
  2. identification of legally significant facts and selection and application of applicable legal norms – 30 %;
  3. legally justified argumentation and conclusions – 20 %.
2.

Solving a complex case

25.00% from total grade
10 points

Individual written assignment in which the student solves a complex case law problem situation that includes several institute of property law studied in the study course.

The case may include, for example, property rights, co-ownership, property rights restrictions, pre-emption or redemption rights, servitudes, real encumbrances, building rights and/or pledge rights issues. The student justifies the solution with applicable legal provisions and, if necessary, case law.

Assessment criteria:

  1. identification of legally relevant facts and applicable legal issues – 25 %;
  2. selection, application and legal argumentation of applicable legal provisions – 50 %;
  3. reasonableness and legal accuracy of conclusions – 25 %.
3.

Examination

50.00% from total grade
10 points

The written exam tests the student’s knowledge of the institute of property law studied in the course, understanding of their interconnection and ability to apply the acquired knowledge to solve a legal problem.

The exam consists of two parts:

Part 1 – theoretical questions.

The student provides written answers to theoretical questions about the institute of property law, characterizes its concept, content, legal regulation, preconditions for establishment, exercise, protection or termination and, if necessary, distinguishes the relevant institute from other institute of property law.

Part 2 – a short case.

The student analyses a short legal problem situation, identifies the legal issue, determines the applicable legal norms, applies them to the specific factual circumstances and formulates a legally justified conclusion.

Assessment criteria:

  1. knowledge of the institute of property law and their legal regulation – 50 %;
  2. identification, application of the applicable legal norms and legal argumentation – 30 %;
  3. reasonableness and legal accuracy of the conclusions – 20 %.

Note: The final assessment in the study course is set if each interim examination and each of its parts, as well as the written exam, is passed successfully.

Study Course Theme Plan

FULL-TIME
Part 1
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

1. The concept of property law. Different classes of property. 1.1. The concept and description of property law. 1.2. Sources of property law. 1.3. The system of property law. 1.4. Classes of cases and their characteristics.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

2. Possession 2.1. The concept of possession, acquisition. 2.2. Continuation and termination of possession. 2.3. Types of possession. 2.4. Rights and obligations deriving from possession. 2.5. Protection of the existing possession and deprived of restitution.
  1. Class/Seminar

Modality
Location
Contact hours
On site
Auditorium
2

Topics

Independent task for students – case solving.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

3. Property. Types of property. Acquisition and termination of ownership. 3.1.The concept and types of property. 3.2.Acquisition of ownership by appropriation. 3.3.Acquisition of ownership by augmentation. 3.4.Acquiring ownership of the fruits of property. 3.5.Acquisition of ownership pursuant to delivery. 3.6.Acquisition of property through prescription. 3.7.Termination of ownership.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

3. Property. Types of property. Acquisition and termination of ownership. 3.1.The concept and types of property. 3.2.Acquisition of ownership by appropriation. 3.3.Acquisition of ownership by augmentation. 3.4.Acquiring ownership of the fruits of property. 3.5.Acquisition of ownership pursuant to delivery. 3.6.Acquisition of property through prescription. 3.7.Termination of ownership.
  1. Class/Seminar

Modality
Location
Contact hours
On site
Auditorium
2

Topics

Analysis and/or presentation of case law. Case solving.
  1. Class/Seminar

Modality
Location
Contact hours
On site
Auditorium
2

Topics

Analysis and/or presentation of case law. Case solving.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

4. Restrictions on property rights. Rights and obligations of an owner. 4.1.The concept, types, establishment of restrictions on property rights. 4.2.The concept and types of joint ownership, rights and obligations arising from joint ownership. 4.3.Restrictions on the right to use buildings and structures. 4.4.Restrictions on the right to use greenery. 4.5.Restrictions on the right to use water. 4.6.Restrictions on the right to alienate ownership.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

6. Servitudes. 6.1. Real servitudes. Individual rural servitudes. 6.2. Individual servitudes of buildings. 6.3. Personal servitudes. 6.4. Usufructuary rights. 6.5. Right of dwelling. 6.6. Establishment of servitudes. 6.7. Termination of servitudes. 6.8. Special forms of termination of personal servitudes.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

6. Servitudes. 6.1. Real servitudes. Individual rural servitudes. 6.2. Individual servitudes of buildings. 6.3. Personal servitudes. 6.4. Usufructuary rights. 6.5. Right of dwelling. 6.6. Establishment of servitudes. 6.7. Termination of servitudes. 6.8. Special forms of termination of personal servitudes.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

6. Servitudes. 6.1. The concept and establishment of servitudes. 6.2. Real servitudes (servitudes of buildings and rurals). 6.3. Personal servitudes. (Usufructuary rights, Right of dwelling). 6.4. Termination of servitudes.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

6. Servitudes. 6.1. The concept and establishment of servitudes. 6.2. Real servitudes (servitudes of buildings and rurals). 6.3. Personal servitudes. (Usufructuary rights, Right of dwelling). 6.4. Termination of servitudes.
  1. Class/Seminar

Modality
Location
Contact hours
On site
Auditorium
2

Topics

7. Real charges. 7.1. The concept of real charges and establishment. 7.2. Forms of real charges. 7.3. Termination of real charges.
  1. Class/Seminar

Modality
Location
Contact hours
On site
Auditorium
2

Topics

Independent Task for Students No. 3: • developing a test / crossword puzzle or something else; • working with terms (learning game or other); • discussing repetition issues.
  1. Class/Seminar

Modality
Location
Contact hours
On site
Auditorium
2

Topics

Independent Task for Students No. 3: • developing a test / crossword puzzle or something else; • working with terms (learning game or other); • discussing repetition issues.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

8. Pledge rights. 8.1. The concept of Pledge rights and secured claim of Pledge. 8.2. Subject of Pledge rights. 8.3. Establishment of pledge right. 8.4. Types of pledge rights and their characteristics (hand pledge, use pledge, hypothec, commercial pledge). 8.5. Termination of pledge right. 8.6. Consequences of pledge right.
Total ECTS (Creditpoints):
3.00
Contact hours:
32 Academic Hours
Final Examination:
Exam (Written)
PART-TIME
Part 1
  1. Lecture

Modality
Location
Contact hours
On site
Study room
2

Topics

1. The concept of property law. Different classes of property. 1.1. The concept and description of property law. 1.2. Sources of property law. 1.3. The system of property law. 1.4. Classes of cases and their characteristics.
2. Possession 2.1. The concept of possession, acquisition. 2.2. Continuation and termination of possession. 2.3. Types of possession. 2.4. Rights and obligations deriving from possession. 2.5. Protection of the existing possession and deprived of restitution.
Independent task for students – case solving.
  1. Lecture

Modality
Location
Contact hours
On site
Study room
2

Topics

3. Property. Types of property. Acquisition and termination of ownership. 3.1.The concept and types of property. 3.2.Acquisition of ownership by appropriation. 3.3.Acquisition of ownership by augmentation. 3.4.Acquiring ownership of the fruits of property. 3.5.Acquisition of ownership pursuant to delivery. 3.6.Acquisition of property through prescription. 3.7.Termination of ownership.
  1. Lecture

Modality
Location
Contact hours
On site
Study room
2

Topics

Analysis and/or presentation of case law. Case solving.
  1. Lecture

Modality
Location
Contact hours
On site
Auditorium
2

Topics

6. Servitudes. 6.1. The concept and establishment of servitudes. 6.2. Real servitudes (servitudes of buildings and rurals). 6.3. Personal servitudes. (Usufructuary rights, Right of dwelling). 6.4. Termination of servitudes.
  1. Class/Seminar

Modality
Location
Contact hours
On site
Study room
2

Topics

8. Pledge rights. 8.1. The concept of Pledge rights and secured claim of Pledge. 8.2. Subject of Pledge rights. 8.3. Establishment of pledge right. 8.4. Types of pledge rights and their characteristics (hand pledge, use pledge, hypothec, commercial pledge). 8.5. Termination of pledge right. 8.6. Consequences of pledge right.
Total ECTS (Creditpoints):
3.00
Contact hours:
10 Academic Hours
Final Examination:
Exam (Written)

Bibliography

Required Reading

1.

Grūtups, A., Kalniņš, E. Civillikuma komentāri. Trešā daļa. Lietu tiesības. Īpašums. Rīga: Tiesu namu aģentūra, 2002 (akceptējams izdevums)

2.

Višņakova, G., Balodis, K. Latvijas Republikas Civillikuma komentāri: Lietas. Valdījums. Tiesības uz svešu lietu (841.-926.p., 1130.-1400.p.). Rīga: Mans Īpašums, 1998. (akceptējams izdevums)

Additional Reading

1.

Švarcs, F. (Philipp Schwartz). Latvijas 1937.gada 28.janvāra Civillikums un tā rašanās vēsture. Rīga. Tiesu namu aģentūra. 2011.

2.

Vīnzarājs, N. Civiltiesību problēmas. Raksti (1932.-1939.) Rīga: Erlena Kalniņa un Viktora Tihonova izdevums, 2000

Other Information Sources

1.

www.saeima.lv

2.

www.at.gov.lv

3.

wwww.juristavards.lv

4.

www.zemesgramata.lv

5.

www.elieta.lv

6.

www.likumi.lv

7.

www.lvportals.lv

8.

Civillikums. Trešā daļa. Lietu tiesības (spēkā esošā redakcija). Valdības Vēstnesis, Nr. 44, 24.02.1937. [skatīts 31.01.2019.]. (akceptējams izdevums)

9.

Notariāta likums (spēkā esošā redakcija). Latvijas Vēstnesis, Nr.48, 09.07.1993.

10.

Zemesgrāmatu likums (spēkā esošā redakcija). Latvijas Vēstnesis, Nr.11, 08.04.1993