Property Law
Study Course Implementer
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
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Title
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% from total grade
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Grade
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|---|---|---|
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1.
Independent work |
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-
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Self-study of legal literature, regulations and case law. |
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Examination
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Title
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% from total grade
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Grade
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|---|---|---|
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1.
Knowledge test and practical test |
25.00% from total grade
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10 points
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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:
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2.
Solving a complex case |
25.00% from total grade
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10 points
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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:
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3.
Examination |
50.00% from total grade
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10 points
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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:
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. |
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Study Course Theme Plan
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Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
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Auditorium
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2
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Topics
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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.
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-
Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
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Auditorium
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2
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Topics
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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.
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-
Class/Seminar
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
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Auditorium
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2
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Topics
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Independent task for students – case solving.
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-
Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
|
Auditorium
|
2
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Topics
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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.
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-
Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
|
Auditorium
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2
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Topics
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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.
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-
Class/Seminar
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
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Auditorium
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2
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Topics
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Analysis and/or presentation of case law.
Case solving.
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-
Class/Seminar
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Modality
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Location
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Contact hours
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|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Analysis and/or presentation of case law.
Case solving.
|
-
Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
|
Auditorium
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2
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Topics
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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.
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Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
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Auditorium
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2
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Topics
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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.
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Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
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Auditorium
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2
|
Topics
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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.
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Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
|
On site
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Auditorium
|
2
|
Topics
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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.
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Lecture
|
Modality
|
Location
|
Contact hours
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|---|---|---|
|
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.
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-
Class/Seminar
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
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Auditorium
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2
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Topics
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7. Real charges.
7.1. The concept of real charges and establishment.
7.2. Forms of real charges.
7.3. Termination of real charges.
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Class/Seminar
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Modality
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Location
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Contact hours
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|---|---|---|
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On site
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Auditorium
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2
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Topics
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Independent Task for Students No. 3:
• developing a test / crossword puzzle or something else;
• working with terms (learning game or other);
• discussing repetition issues.
|
-
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.
|
-
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.
|
-
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.
|
-
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.
|
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Analysis and/or presentation of case law.
Case solving.
|
-
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.
|
-
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.
|
Bibliography
Required Reading
Grūtups, A., Kalniņš, E. Civillikuma komentāri. Trešā daļa. Lietu tiesības. Īpašums. Rīga: Tiesu namu aģentūra, 2002 (akceptējams izdevums)
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
Švarcs, F. (Philipp Schwartz). Latvijas 1937.gada 28.janvāra Civillikums un tā rašanās vēsture. Rīga. Tiesu namu aģentūra. 2011.
Vīnzarājs, N. Civiltiesību problēmas. Raksti (1932.-1939.) Rīga: Erlena Kalniņa un Viktora Tihonova izdevums, 2000
Other Information Sources
www.saeima.lv
www.at.gov.lv
wwww.juristavards.lv
www.zemesgramata.lv
www.elieta.lv
www.likumi.lv
www.lvportals.lv
Civillikums. Trešā daļa. Lietu tiesības (spēkā esošā redakcija). Valdības Vēstnesis, Nr. 44, 24.02.1937. [skatīts 31.01.2019.]. (akceptējams izdevums)