Voluntary and Involuntary Transfer of Ownership, Occupancy,

Question 1

Occupancy is

Answer 1

a possession based mode of acquisition of ownership.

Question 2

Voluntary transfer or ownership of an immovable

Answer 2

transfer by agreement between parties (valid form) and its not effective against third persons until filed for registry in the conveyance records in parish where immovable is located

Question 3

Voluntary transfer of the ownership of a movable

Answer 3

by contract between owner and transferee, unless otherwise provided, the ownership takes place, and against 3rd persons, when movable is delivered to transferee.
When possession has not been delivered, subsequent transferee to whom possession is delivered acquires ownership provided he is in GF

Question 4

Corporeal movables recordation

Answer 4

Recordation is NOT required for voluntary transfer of movables.

Question 5

Methods of delivery

Answer 5

delivery of immovable = execution of writing that transfers ownership
Movable= delivery of thing by owner to transferee, or other agreement

Question 6

Transfer of immovables

Answer 6

by (1) authentic act or (2) act under private signature. orally may be allowed when thing has actually been delivered and the transferor recognizes the transfer under oath.
Must file in registry when property is located to be effective against the world

Question 7

Occupancy

Answer 7

taking possession of a corporeal movable that does not belong to anyone. The occupant acquires ownership the moment he takes possession

Question 8

Wild animals

Answer 8

belong to state, taking possession is governed by regulation and laws

Question 9

If wild animals recover liberty…

Answer 9

the captor loses ownership, the owner loses ownership unless takes immediate measures for their pursuit

Question 10

Tamed wild animals

Answer 10

are privately owned if they have habit of returning to owner. May regain liberty unless owner takes immediate measures for pursuit

Question 11

Domestic animals

Answer 11

if privately owned they are not subject to occupancy

Question 12

Abandoned things

Answer 12

one who takes possession of an abandoned thing with the intent to own it acquires ownership by occupancy. A thing is abandoned when the owner relinquishes ownership with intent to give up ownership

Question 13

Lost things.

Answer 13

One who finds a corporeal mobile that has been lost is bound to make a diligent effort to find owner. If diligent effort is made, and no owner is found in 3 years, then the finder acquires ownership

Question 14

Treasure

Answer 14

One who finds treasure in a thing that belongs to him, or no one, acquires ownership. If treasure was found in a thing belonging to another, then half belongs to finder, and half to owner of thing in which treasure was found

Question 15

Acquisitive prescription of movables

Answer 15

is 3 with GF, an act sufficient to transfer ownership, and without interruption for 3 years
10 years neither title nor GF required