Van Gend & Loos: the outcome of the case is that individual citizens of the EU can claim rights from EU laws to their national country because EU law applies directly to its citizens and grants rights as well as obligations.
Costa/Enel: the outcome of the case is that EU law prevails over more recent legislation from the member states.
Direct Intent: knowing and wanting, the consequence of an intention is desired.
Indirect Intent: degree of knowledge, awareness of certainty, offender knows that his conduct will fulfil the legal elements of the offence
Conditional Intent (Germany, Netherlands): conscious risk-taking, foresees consequence but accepts it, if risk does not materialise there is still conditional intent
possession is when you have a factual relationship between the object and the person, whereas detentorship is when you have factual control over the object of right but on behalf of someone else. Also, you can vindicate the object in possession, but not in detentorship
3:88 has little to with this case @wang li, since this article only gives protection (under certain preconditions) to someone that receives an immoveable good from a person that was not the owner said good.
"Nemo dat quod non habet! "No one can transfer a right that he/she does not hold in the first place. A detentor only has a limited right of dispose of the object (factual possession). Thus he/she cannot transfer any other property right than what he holds (namely, detentorship). This transfer may be also limited further though, but remember this little latin sentence ;)
7 months ago
Hey! Anyone have the rest of the summaries uploaded on 2018-09-30?
Author of those summaries did really good job! I really enjoyed those but never downloaded them and now rest of the documents are missing :(