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Civil Property > Ownership, Division of Things, MICI, Accession > Flashcards

Ownership, Division of Things, MICI, Accession Flashcards

1
Q

Ownership confers on a person

A

direct, immediate, and exclusive authority over a thing, the owner may use, and enjoy, and dispose of it within the limits of the law

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2
Q

Rights in things

A
  1. ownership 2.Personal Servitude 3. Other real rights as the law allows.
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3
Q

Nature of possession

A

possession is a matter of fact, nevertheless, one who has possessed a thing for over a year acquires the right to possess it

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4
Q

Things are divided into

A

common, public, and private, corporeal and incorporeal, and movables and immovables

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5
Q

Common things may

A

NOT be owned by anyone, ie air high seas

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6
Q

Public things are

A

owned by the state, ie running waters, bottoms of navigable water ways

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7
Q

public things that may be long to political subdivisions

A

streets, public squares

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8
Q

private things are

A

owned by individuals, other private persons, and by the state or political subdivisions in their capacity as private persons.

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9
Q

Private things subject to public use

A

in accordance by law or dedication

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10
Q

Dedication is

A

irrevocable

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11
Q

tacit dedication

A

results from maintenance of streets or alleyways by the public for 3 years with actual or constructive notice to the owner

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12
Q

transfer of immovable property, valid forms:

A

authentic act (notary 2 witnesses) or act under private signature

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13
Q

Incorporeal movables

A

things that have no body but are comprehended by the understanding such as rights and obligations

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14
Q

Incorporeal immovables

A

things have no body, but are comprehended by the understanding of such rights, personal servitudes, predial servitudes, petitory and possessory action

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15
Q

Written from required by law

A

when a law requires a contract to be in written form, the contract may not be prove by testimony or by presumption, unless the written instrument has been destroyed, lost or stolen

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16
Q

Component parts of tracts of land

A

buildings, OCPAG

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17
Q

buildings and standing timber are

A

separate immoables

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18
Q

movables by anticipation

A

unharvest crops, unfathered fruit, when they belong to a person rather than the landowner

19
Q

Transfer or Encumbrance of an immovable,

A

the transfer or encumbrance of an immovable includes its component parts.

20
Q

Things incorporate into an immovable

A

Things incorporated into a tract of land, a building or other instruction so as to become part of it are component parts

21
Q

Immovables by declaration

A

the owner may declare machinery, appliances, placed on the the immovable, other than his private residence, of its service and improvement to be deemed as component parts. MUST be fined in conveyance records in the the parish where immovable is located

22
Q

Building materials

A

generally immovables if the purpose that its for repairs or contruction of the immoable

23
Q

Deimmobilization

A

Components parts that are so damaged that they no longer service the immovable are demobilized. 3 pathways - 1. physical transformation 2. Transfer and delivery, owner transfers ownership to a third party through act translative of ownership and delivers 3. detachment and removal, only if no third party right exists

24
Q

Accession is

A

the ownership everything a thing produces or is united with in the accordance with 1. some accessional force 2. a new thing (accessional thing) 3. another more prominent thing is united or connected to in some fashion, principal thing 4. a least two interested persons, the owner of the principal thing and person whose labor or efforts somehow responsible of the creation of the accessory thing.

25
Q

Fruits

A

things derived from another thing without diminishing its substance

26
Q

Natural vs Civil fruits

A

Natural = products of earth or animals
Civil = revenues derived from a thing by operation of law or by reason of juridical act

27
Q

Products

A

derived from another thing, substance inherently diminished, minerals topsoil etc

28
Q

True/Adverse Possesser

A

someone who possess a thing with intent to become its owner. Adverse can be GF or BF

29
Q

possessor in GF

A
  1. possess by an act translative of ownership 2. no knowledge of defects in ownership
30
Q

BF possesser

A

lacks act translative of ownership, or is aware of defects

31
Q

Precarious Possessor

A

who has physical detention with with permission of owner, no intent to own

32
Q

Ownership of fruits

A

absence of rights or other person, owner acquires ownership

33
Q

Fruits produced by third person

A

when fruits are produced by a 3rd person, or by seeds sown by him, the owner may retain them on reimbursing such persons his expenses

34
Q

GF possessors rights to fruits

A

acquires ownership of fruits he has gathered, if he is evicted he is entitled to expenses for fruits he was unable to gather

35
Q

BF possessors rights to fruits

A

bound to restore owner the fruits or value, subject to a claim for reimbursement of expenses

36
Q

Products

A

products derived from a thing belong to owner, GF possessors have right to reimbursement of expense, BF get nothing

37
Q

Buildings, other constructions, standing timber and crops

A

are presumed to be owned by owner of land. Rebutt by proving ownership by an instrument evidencing separate ownership.

38
Q

Ownership of improvements

A

Buildings, OCPAGS, plantings belong to he who made them WITH consent of owner.
WITHOUT consent they belong to owner of ground.

39
Q

When owner of buildings, OCPAGS or plantings no longer has right to keep them…

A

he may remove them subject to his obligation to restore property to former condion

40
Q

If owner does not remove the large scale improvements them….

A

owner may of land may send a written demand, wait 90 days, then additional written notice by certified mail, then they are his.

41
Q

Things incorporated into immovable with consent

A

improver may remove them subject to obligation of restoring property.
If improver does not the remove them.. owner may have them removed at expense of the improver, or keep them and pay current value for materials or enhanced value of the immovable

42
Q

Improvements by adverse possessor in GF

A

Owner may not demand removal, he keep them and either (1) pay possessor the cost of materials or (2) current value or (3) enhanced value of the immpvable

43
Q

Improvements by adverse possessor in BF

A

owner may (1) keep them) or (2) demand removable and at expense of possessor, AND damages .
If not demolition and removal, owner is bound pay either (1) current value or (2) enhanced value of immovable

44
Q

Alluvion and Dereliction

A

Alluvion and dereliction belong to owner of the bank where occurs.
No allusion or dereliction on sea or lakes

Civil Property (9 decks)

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