Responses to Discussion

Responses to Discussion

Reply to Neema

Reply by Neema indicates that the property issues are correctly identified as there are four points that faced by Barney about the property. In this context, it is imperative and essential that the legal rights of Barney should be assessed so that the issues pertaining to property can be resolved. The first property concern relates to Barney's right of survivorship of the cabin in the mountains and the legal action that a lender is taking in opposition to Opie, who used the property as guarantee. The second problem is also correctly recognized that is the possession taken of the property by the possessor without the permission of Barney. In the similar way, the capturing of beach house by the local town authorities for building of a private resort and last but not the least is the bailment of his car at the restaurant to a valet in uniform who no longer work for the restaurant. In this view, the person at valet stole Barney's car and sold it to a dealer who then sold the car to another customer. In this view, unfair or unjustified activities performed against Barney, in which, he suffered property matters relating to cabin, beach house and car.

In relation to the property issues of Barney, it is imperative and essential to consider that, in everyday life, there are situations in which it should be possible as an exception to the rule that a person acquiring a right to become a real beneficiary of this right (Meiners, Ringleb and Edwards 2011). Even if it has transferred the right person do not have standing in the case of beach house and right of survivorship of the cabin in the mountains, where Opie used Barney's property as a guarantee and the right to park the car. In relation to this, the Civil Code acquisition or ownership right from unauthorized (non-owner) person in general does not save the person who held liable. The only exception is the Civil Code which allow for the possibility of acquisition of ownership rights from unauthorized person, who confirmed by the court heritage (Kubasek, Brennan and Browne, 2012). The exception, which related to, the acquisition of a property and not ownership by non-owner are to stop making use of or taking advantage of other's property, for example, in the case of the cabin and vehicle.

A primary factor in the legislation that should be in consideration is that, the acquisition of Barney's property rights from unauthorized reasonable standards as the property rights can only be made through the purchase agreement. In addition to this, a different approach to the acquisition of Barney's property rights from unauthorized persons based on essential fundamental laws that are private law raises considerations about the violation of the charter of fundamental rights and freedoms, which provides that the ownership of all owners who have the same legal protection and content. Thus, Barney has the right to claim his properties as, for example, Barney can sue car ...