Chapter 8: The Right of Ownership and other Rights in Property

Question 1

Art 832 CC – The right of Ownership

Answer 1

The owner has the right to enjoy and dispose of things in a full and exclusive way within the limits established by law.

Enjoy: directly collecting fruits, or indirectly through dues paid.
Dispose = modify the legal status.
Limits established by law i.e. cannot cause annoyance or harm to others.

Question 2

Land laws (definition)

Answer 2

Land laws concern the relationships between neighbours and urban planning.

Question 3

Other rights in property

Answer 3

-Other rights in property include mortgages (servitudes/usufruct) and limited rights (bare owners).

Question 4

Usufruct (definition)

Answer 4

Usufruct is the right to receive the fruits of a thing, without changing its economic destination. The usufructuary is under the obligation to return the thing at the end of the period, exercise ordinary due diligence, draft an inventory, pay expenses and pay taxes/other obligations.

Question 5

Bare ownership (definition)

Answer 5

Bare ownership refers to the sale of part of the ownership not full. After 30 years it become full.

Question 6

Servitudes (definition)

Answer 6

Servitudes consist of a burden imposed on a servient land for the utility of a dominant one (the one which benefits).

Question 7

Principles of servitudes (hint: 4 latin things)

Answer 7

• Nemini res sua servit i.e. servitudes bind the land not the owners
• Servitudes must try to make the burden minimal to the servient land
• In faciendo consistere nequit i.e. they cannot consist of an obligation “to do”
• Praedia vicini essere debent i.e. the pieces of land must be relatively close.

Question 8

Compulsory servitudes

Answer 8

Servitudes may be compulsory or voluntary (e.g. compulsory right of way for a land who doesn’t have access to the main street).

Question 9

Classification of servitudes

Answer 9

Servitudes may be affirmative or negative (obligation NOT to do), continuous or discontinuous (an active conduct is required), and apparent or non-apparent (infrastructure is required).

Question 10

Common ownership

Answer 10

Two or more persons may have common ownership. This may be voluntary, incidental or forced (e.g. spouses are common owners). Generally not encourages, so dissolution is always granted.