WEEK 2 CONCEPTS (IMMOVABLE PROPERTY) Flashcards

1
Q

ART. 414

A

All things which are or may be the object of appropriation are considered either:
(1) Immovable or real property;
(2) Movable or personal property.

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2
Q

An object or a right which is appropriated or susceptible to appropriation by man, with capacity to satisfy human wants and needs.

A

Concept of Property

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3
Q

An object or a right which is appropriated or susceptible to appropriation by man, with capacity to satisfy human wants and needs.

A
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4
Q

Existing objects which can be of some use to man.

A

Concepts of Things

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5
Q

The act of taking a things for one’s own use.

The physical seizing of corporeal things which have no owner with the intention to acquire their ownership.

A

Concept of Appropriation

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6
Q

T or F

All kinds of property are things but not all things are property.

A

TRUE

“Thing” is broader in scope than property.

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7
Q

Refer to all objects that exist including those which could not be appropriated by man.

A

Things

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8
Q

Refers to objects already possessed by man or are in their possession.

A

Property

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9
Q

T or F

If things are beyond human control or appropriation they do not qualify as property.

A

TRUE

Property refers to objects that CAN BE appropriated.

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10
Q

What are the 3 Classification of Things?

A

Res Communes
Res Alicujus
Res Nullius

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11
Q

Things which belong to everybody

A

Res Communes (Belonging to everyone)

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12
Q

Things which are owned by a person or group of persond

A

Res Alicujus (Belonging to someone)

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13
Q

Things which no dot have any owner

A

Res Nullius (Belonging to no one)

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14
Q

What are the 7 Classifications of Property?

A

Mobility
Ownership
Alienability
Individuality
Susceptibility to Touch
Susceptibility of Substitution
Accession

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15
Q

Can be transferred from place to place without being destroyed

A

Movable or personal property (Mobility)

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16
Q

Cannot be transferred from place to place without destruction to itself

A

Immovable or real property (Mobility)

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17
Q

Property pertaining to State and intended for public use

A

Property of PUBLIC dominion (Ownership)

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18
Q

Refers to all property belonging to private persons (individually or collectively)

A

Property of PRIVATE ownership (Ownership)

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19
Q

Private property of the state or its political subdivisions

A

Patrimonial property

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20
Q

Property which could be the object of juridical transactions

A

Alienable property or property WITHIN the commerce of man (Alienability)

21
Q

Property which could NOT be the object of juridical transactions

A

Inalienable property or property OUTSIDE the commerce of man (Alienability)

22
Q

Property which is fixed, definite, and individually identified

A

Specific Property (Individuality)

23
Q

Property which is indicated by it homogeneity or its class

A

Generic Property (Individuality)

24
Q

Property which could be physically touched

A

Tangible property (Susceptibility to touch)

25
Q

Property which could NOT be physically touched

A

Intangible property (Susceptibility to touch)

26
Q

Property which belongs to a common genus permitting its substitution

A

Fungible property (Susceptibility of Substitution)

27
Q

Property which is specified and NOT subject to substitution

A

Non-fungible property (Susceptibility of Substitution)

28
Q

Property to which another property is incorporated as an ornament

A

Principal property (Accession)

29
Q

Property which has been united as an ornament to

A

Accessory property (Accession)

30
Q

(1) It is susceptible of appropriation;
(2) Its significance lies in its capacity to satisfy moral or economic needs;
(3) It has individuality of its own, that is, it has a separate and autonomous existence.

A

Attributes of Property

31
Q

Classes of Rights Considered As Property

A

Real right
Personal right

32
Q

The power belonging to a person over a specific thing

A

Real right

33
Q

The power belonging to one person to demand of another

A

Personal right

34
Q

Juridical Classification of Immovable Properties

A

Immovable by Nature
Immovables by Incorporation
Immovables by Destination
Immovables by Analogy

35
Q

Properties which cannot be moved from one place to another

A

Immovable by nature (Juridical Classification)

36
Q

Properties which are basically movables

A

Immovables by incorporation (Juridical Classification)

37
Q

Properties which are basically movables nut having been fixed in immovable properties for purposes of the business

A

Immovables by destination (Juridical Classification)

38
Q

Properties which are not tangible, but are rights and interest over existing immovable properties

A

Immovables by analogy (Juridical Classification)

39
Q

ART. 415, PAR. 1

A

Land, buildings, roads and constructions of all kinds adhered to the soil

40
Q

ART. 415, PAR. 2

A

Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable

41
Q

ART. 415, PAR. 3

A

Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object

42
Q

ART. 415, PAR. 4

A

Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements

43
Q

ART. 415, PAR. 5

A

Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works

44
Q

ART. 415, PAR. 6

A

Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included

45
Q

ART. 415, PAR. 7

A

Fertilizer actually used on a piece of land

46
Q

ART. 415, PAR. 8

A

Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant

47
Q

ART. 415, PAR. 9

A

Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast

48
Q

ART. 415, PAR. 10

A

Contracts for public works, and servitudes and other real rights over immovable property