2- Property Flashcards
Property can be distinguished according to whether it is __ or __, ___ or ___.
corporeal
incorporeal
immovable
movable
3 examples of incorporeal property
intellectual property
Right (shares, bonds)
Claim
Immovable property is divided into 2 categories
- Immovables by nature (lands, plants)
- Immovables by destination (windows, doors)
Movable property can be divided into 3 categories:
Movables by nature (car)
Movables by anticipation (crop)
Movables by determination of law (shares)
Patrimonial rights are divided into three categories:
- Real rights
- Intellectual property rights
- Personal rights
what does a real right give a person?
direct and immediate power over a physical asset or thing
2 examples intellectual property right
Copyrights and patents
What is a personal right?
a right the creditor has to require the debtor to do or refrain from doing something.
The most important and absolute of rights over corporeal property is the right of
ownership
The “special modes” of ownership comprise several ways to exercise or share that right.
The principal “modes” are: (4)
- co-ownership
- time sharing
- conditional ownership
- superficies
There are two forms of co-ownership:
- undivided co-ownership
- divided co-ownership (condominium)
In undivided co-ownership, each owner holds __ of the right of ownership over the __
a portion
whole asset
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.
immovable
undivided
Divided co-ownership is established by publication of a “declaration of co-ownership” in the ___
land register
___ is the right one person has to own a building situated on land that belongs to someone else.
Superficies
Usufruct is the right to
use an asset and profit from its fruits. (rental income)
The holder of the usufruct is called the “usufructuary.” The ultimate owner of the asset at the end of the usufruct is
called the ___
bare owner
Can the bare owner profit from income from the asset for the duration of the usufructary?
No
Usufruct is always temporary and cannot exceed ___ years. If the usufructuary is a natural person, it ends
100
at death.
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
servient
dominant
TYPES OF SERVITUDES
- Right of view
- Right of way
- No-building
- Right of view example
cannot install windows on a building if they are under a given distance from a neighbouring building.
Servitudes can be established by: (2)
Contract
Law
A servitude can be perpetual. It can end, however, when: (4)
- 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
Right of use is the right to
temporarily use an object.
The matrimonial regimes are: (3)
- partnership of acquests
- separation as to property
- community of property
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)
- undivided property they acquired together
- debts incurred to maintain the household
What are Acquests?
Wages earned during the marriage as well as income gained and property acquired with these earnings
assets included in the family patrimony without regard for the date they were acquired (4)
- 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
Other assets included in the family patrimony only if they were acquired during the marriage (2)
- benefits acquired under a retirement plan
- benefits accrued under the QPP or other equivalent plans
All assets devolved by ___ or ___ are excluded from the family patrimony
succession
gift
What is PARTITION and how do you calculate it?
- The net value of the assets that make up the family patrimony
- must be divided equally between the spouses.
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
compensatory allowance
