Chapter 5: The Legal Language about "Properties"

Question 1

Properties (definition)

Hint: material vs. immaterial.

Answer 1

Properties are things which form the subject matter of rights i.e. interests protected or verifiable/quantifiable things. Generally, properties are material, however they may also be intangible (e.g. copyright).

Question 2

Immovable property (definition)

Answer 2

Immovable property is that which is artificially or by nature incorporated into the ground.

Question 3

Movable property (definition)

Answer 3

Movable property is anything that isn’t immovable (irrespective of their $). There exists no public register for movables.

Question 4

Distinction replaceable vs. Irreplaceable properties

Answer 4

The law draws a distinction between replaceable (mass-produced) and irreplaceable things. However, although something is mass-produced it may also be considered irreplaceable if it has attached sentimental value. In the case of destruction, irreplaceable objects imply the impossibility to perform.

Question 5

Apprutenances (definition)

Answer 5

Appurtenance defines things which are permanently destined to the whole (i.e. the principal maintains its entity even without appurtenances) e.g. a mailbox. The transaction of a principal also implies the inclusion of all appurtenances.

Question 6

Compound components (definition)

Hint: different from appurtenances

Answer 6

Compound components are essential for the integrity of the whole (e.g. car wheels).

Question 7

Traditional/religious properties and bodies (special rules)

Answer 7

Traditional or religious objects do not follow the general rules of acquisition/rights to ownership. Similarly, the body; we are owners of our body but cannot sell any parts, only donate

Question 8

Natural vs. civil fruits

Answer 8

Natural fruits are those which derive directly from the thing. Civil fruits are those which compensate for the use of a thing.