Transmission
Tags: acquirer, akte, alienator, auteursrecht, beschikkingsbevoegd, copyright, deed, delivery, geldige titel, levering, movable property, power of disposition, roerende zaak, valid title, verkrijger, vervreemder.
Transmission is the term used when a right is transferred. Property rights, limited rights and rights of action are transferable unless the law or the nature of the right dictates otherwise.
Requirements
There are three requirements for a valid transfer:
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There must be a valid title for the transfer.
A valid title means that there must be a valid legal ground for the transfer, for example, a sales contract.
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The transferor must have the power of disposition.
The person transferring the right must be authorized to do so. This is the case when the transferor is, for example, the owner or the entitled party.
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A delivery operation must take place.
The act of delivery required to transfer the right to the transferee. Which delivery operation is required is determined by law depending on what is being transferred. For example, the transfer of movable property requires that the transferee is given possession of the property. A copy of the deed is required for the transfer of copyrights.
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