2- Property

Question 1

Property can be distinguished according to whether it is __ or __, ___ or ___.

Answer 1

corporeal
incorporeal
immovable
movable

Question 2

3 examples of incorporeal property

Answer 2

intellectual property
Right (shares, bonds)
Claim

Question 3

Immovable property is divided into 2 categories

Answer 3

• Immovables by nature (lands, plants)
• Immovables by destination (windows, doors)

Question 4

Movable property can be divided into 3 categories:

Answer 4

Movables by nature (car)
Movables by anticipation (crop)
Movables by determination of law (shares)

Question 5

Patrimonial rights are divided into three categories:

Answer 5

• Real rights
• Intellectual property rights
• Personal rights

Question 6

what does a real right give a person?

Answer 6

direct and immediate power over a physical asset or thing

Question 7

2 examples intellectual property right

Answer 7

Copyrights and patents

Question 8

What is a personal right?

Answer 8

a right the creditor has to require the debtor to do or refrain from doing something.

Question 9

The most important and absolute of rights over corporeal property is the right of

Answer 9

ownership

Question 10

The “special modes” of ownership comprise several ways to exercise or share that right.
The principal “modes” are: (4)

Answer 10

• co-ownership
• time sharing
• conditional ownership
• superficies

Question 11

There are two forms of co-ownership:

Answer 11

• undivided co-ownership
• divided co-ownership (condominium)

Question 12

In undivided co-ownership, each owner holds __ of the right of ownership over the __

Answer 12

a portion
whole asset

Question 13

Divided co-ownership, commonly known as “condominium,” applies to an __ and gives each co-owner exclusive ownership of a defined part of the building (dwelling unit) and ___ ownership of the common portions of the property.

Answer 13

immovable
undivided

Question 14

Divided co-ownership is established by publication of a “declaration of co-ownership” in the ___

Answer 14

land register

Question 15

___ is the right one person has to own a building situated on land that belongs to someone else.

Answer 15

Superficies

Question 16

Usufruct is the right to

Answer 16

use an asset and profit from its fruits. (rental income)

Question 17

The holder of the usufruct is called the “usufructuary.” The ultimate owner of the asset at the end of the usufruct is
called the ___

Answer 17

bare owner

Question 18

Can the bare owner profit from income from the asset for the duration of the usufructary?

Answer 18

No

Question 19

Usufruct is always temporary and cannot exceed ___ years. If the usufructuary is a natural person, it ends

Answer 19

100
at death.

Question 20

The law defines a servitude as a charge imposed on an immovable, called the ___ land, for the use and utility of another immovable, called the __ land. The lands belong to different people

Answer 20

servient
dominant

Question 21

TYPES OF SERVITUDES

Answer 21

• Right of view
• Right of way
• No-building

Question 22

• Right of view example

Answer 22

cannot install windows on a building if they are under a given distance from a neighbouring building.

Question 23

Servitudes can be established by: (2)

Answer 23

Contract
Law

Question 24

A servitude can be perpetual. It can end, however, when: (4)

Answer 24

• it is no longer possible to exercise it
• the term comes to an end
• the same person becomes owner of both lands
• it has been in disuse for 10 years

Question 25

Right of use is the right to

Answer 25

temporarily use an object.

Question 26

The matrimonial regimes are: (3)

Answer 26

* partnership of acquests * separation as to property * community of property

Question 27

SEPARATION AS TO PROPERTY Each spouse has exclusive ownership of his or her property and is responsible for his or her own debts. There is no common ownership other than: (2)

Answer 27

* undivided property they acquired together * debts incurred to maintain the household

Question 28

What are Acquests?

Answer 28

Wages earned during the marriage as well as income gained and property acquired with these earnings

Question 29

assets included in the family patrimony without regard for the date they were acquired (4)

Answer 29

* family residences (primary or secondary) * the rights conferred by the use of the family residences * movable property used for the household * vehicles for family travel

Question 30

Other assets included in the family patrimony only if they were acquired during the marriage (2)

Answer 30

* benefits acquired under a retirement plan * benefits accrued under the QPP or other equivalent plans

Question 31

All assets devolved by ___ or ___ are excluded from the family patrimony

Answer 31

succession gift

Question 32

What is PARTITION and how do you calculate it?

Answer 32

* The net value of the assets that make up the family patrimony * must be divided equally between the spouses.

Question 33

A ___ permits a spouse who significantly contributed to the other’s enrichment in property or services during their life together to receive fair compensation for that contribution

Answer 33

compensatory allowance