Co-Ownership and Property Rights Quiz

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Questions and Answers

What can a co-owner do if the majority acts against the rules of proper management?

  • Leave the co-ownership
  • Demand a court resolution (correct)
  • Request a division of the property
  • Ignore the decision made by the majority

Under what circumstance can a co-owner apply for an administrator to be appointed?

  • When there is unanimous agreement among co-owners
  • When only one co-owner wishes to split the property
  • If all co-owners are satisfied with management decisions
  • If the majority cannot agree on ordinary management (correct)

What right do co-owners have concerning the preservation of the co-owned property?

  • To undertake actions to preserve the property (correct)
  • To sell the property without consent
  • To refrain from maintaining the property
  • To make unilateral decisions on usage

Which method does not relate to the cancellation of co-ownership?

<p>Reselling the property to a third party (D)</p> Signup and view all the answers

What happens to encumbrances on the property at the end of perpetual usufruct?

<p>They are extinguished (C)</p> Signup and view all the answers

What can lead to the dissolution of a perpetual usufruct contract?

<p>Using the land against its intended purpose (A)</p> Signup and view all the answers

What is the nature of ownership regarding buildings erected on state-owned land by a perpetual usufructuary?

<p>Buildings become the property of the usufructuary (B)</p> Signup and view all the answers

Which of the following best describes perpetual usufruct?

<p>Temporary rights with conditions (B)</p> Signup and view all the answers

What happens to a found item if it is a monument or archival material and not collected by the authorized person within the designated time frame?

<p>It becomes the property of the State Treasury. (C)</p> Signup and view all the answers

In the case of an item found where searching for the owner is deemed pointless, how is ownership divided?

<p>The finder and the property owner share co-ownership in fractional parts. (D)</p> Signup and view all the answers

What determines ownership when producing a new movable from another person's materials?

<p>The higher value between workmanship and materials decides ownership. (C)</p> Signup and view all the answers

If two movables are mixed resulting in co-ownership, how is the share determined?

<p>Shares are set as a proportion of the value of the things mixed. (B)</p> Signup and view all the answers

What occurs if a swarm of bees is not retrieved by the owner within three days?

<p>The swarm becomes ownerless. (B)</p> Signup and view all the answers

In what situation does the owner of materials retain ownership over a newly produced item?

<p>If the materials’ value exceeds the value of the workmanship. (B)</p> Signup and view all the answers

What must happen to a found item once the finder acquires ownership?

<p>Limited rights in rem associated with it shall expire. (C)</p> Signup and view all the answers

What action can a bee owner take if their swarm leaves the hive without being found within the time limit?

<p>They may enter another person's land to pursue the swarm. (D)</p> Signup and view all the answers

What triggers the right of way to be established?

<p>When land does not have access to a public road or farm buildings (B)</p> Signup and view all the answers

What must be considered when establishing a right of way?

<p>The needs of the landlocked real estate and the least burden to the land (A)</p> Signup and view all the answers

How does an easement in gross expire?

<p>With the death of the beneficiary (C)</p> Signup and view all the answers

Which statement about easements in gross is true?

<p>They are issued in favor of designated natural persons. (B)</p> Signup and view all the answers

What is a limitation of the right of habitation?

<p>Only dependents can be housed aside from immediate family. (A)</p> Signup and view all the answers

Who may benefit from the right of habitation upon the beneficiary's death?

<p>The children, parents, and spouse of the beneficiary (C)</p> Signup and view all the answers

What governs the relationship between the beneficiary of a right of habitation and the owner of the servient estate?

<p>Provisions on usufruct by natural persons (D)</p> Signup and view all the answers

What is the main purpose of establishing a right of way?

<p>To ensure access for landlocked real estate (A)</p> Signup and view all the answers

When does the limitations period for claims begin to run?

<p>On the day the person against whom the claim is made fails to comply. (B)</p> Signup and view all the answers

Which situation suspends the limitations period for claims made by children against their parents?

<p>The duration of parental authority. (A)</p> Signup and view all the answers

How long can the limitations period be suspended for someone who does not have full capacity for legal acts?

<p>For the duration of their guardianship. (A)</p> Signup and view all the answers

Which of the following actions can interrupt the running of the limitations period?

<p>Commencement of mediation. (B)</p> Signup and view all the answers

What happens to the limitations period after an interruption?

<p>It runs anew, but only resumes after court proceedings are closed. (D)</p> Signup and view all the answers

What legislative article addresses the interruption of the limitations period?

<p>Article 123 CC (C)</p> Signup and view all the answers

If a claim has a limitations period of less than two years, when does it begin to run?

<p>From the day the statutory representative is appointed. (C)</p> Signup and view all the answers

Under what circumstance is the limitations period for claims made by spouses suspended?

<p>For the duration of the marriage. (D)</p> Signup and view all the answers

What is the primary characteristic of an imperfect legal person?

<p>It has a dependent nature and limited capacity. (C)</p> Signup and view all the answers

What defines a consumer according to the provided legal definitions?

<p>A natural person performing a legal act unrelated to business. (B)</p> Signup and view all the answers

Which term describes a business activity conducted in an organized and continuous manner?

<p>Economic activity (A)</p> Signup and view all the answers

What must a legal act concerning an enterprise include?

<p>All components of the enterprise unless specified otherwise. (D)</p> Signup and view all the answers

Which of the following best describes an entrepreneur?

<p>A natural or legal person performing business or professional activities. (A)</p> Signup and view all the answers

What signifies the status of civil law partnerships according to the content?

<p>They are considered imperfect legal persons. (A)</p> Signup and view all the answers

What accurately describes the nature of rights under contracts for the lease or tenancy of movable properties?

<p>They grant limited usage rights based on legal relationships. (D)</p> Signup and view all the answers

Which of the following is NOT considered a type of imperfect legal person?

<p>Public agencies with corporate status (B)</p> Signup and view all the answers

What is the statute of limitations for a claim upheld by a settlement approved by a court?

<p>Six years (C)</p> Signup and view all the answers

Which condition renders a declaration of intent invalid due to lack of consciousness?

<p>Mental illness (D)</p> Signup and view all the answers

In what situation is the ostensible nature of a declaration of intent valid?

<p>When made in good faith (B)</p> Signup and view all the answers

Which of the following claims is barred by the statute of limitations?

<p>Claims settled before a court (B)</p> Signup and view all the answers

What constitutes an error that may allow for the avoidance of legal effects in a declaration of intent?

<p>An error in the substance of the legal act (A)</p> Signup and view all the answers

Which type of legal act is exempt from restrictions regarding error caused by another person?

<p>Free-of-charge legal acts (D)</p> Signup and view all the answers

What is the implications of an ostensible declaration made to conceal another legal act?

<p>Its validity is judged by the concealed legal act (C)</p> Signup and view all the answers

When does a claim for periodical performance due in the future become subject to a limitations period?

<p>After three years (D)</p> Signup and view all the answers

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Flashcards

Ownership of Found Items

When an item is found, the finder becomes its owner if they receive it within the time limit set by the staroste. If the item has been returned to the staroste, however, the finder does not become the owner.

Ownership of Found Monuments & Archival Materials

After the time limit for collection expires, found monuments or archival materials become the property of the State Treasury. Other found things become the property of the poviat.

Co-ownership Through Joining or Mixing

When a thing is joined or mixed with other things in a way that makes it very difficult or expensive to separate them, the current owners become co-owners of the whole. Shares in the co-ownership are determined by the value of the joined or mixed things.

Joining of Unequal Value

If one of the joined things has a significantly higher value than the others, the things of lesser value become component parts of the thing with greater value.

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Ownership of a Swarm of Bees

A swarm of bees becomes ownerless if the owner does not find it within three days of the day the bees left the hive. The owner can pursue the swarm, but should repair any damage caused by entering another person's land.

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Ownership of Items Found In Obvious Circumstances

An item found in circumstances where searching for the owner would be clearly pointless becomes co-owned by the finder and the owner of the property where it was found. If the item is a monument or archival material, however, it becomes the property of the State Treasury.

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Ownership of a New Movable Object

A person who produces a new movable object using another person's materials becomes the owner if the value of their workmanship is higher than the value of the materials used.

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Ownership of a Produced Thing

If a thing is processed in bad faith or if the value of the materials is higher than the value of the workmanship, the thing produced becomes the property of the owner of the materials.

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Legal intervention in co-ownership disputes

If the majority of co-owners decide to act against the proper management of a co-owned property, the other co-owners can seek legal intervention.

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Appointing an administrator for a co-owned property

A co-owner can request the court to appoint an administrator for the shared property if the majority cannot agree on essential management decisions or if the majority violates proper management principles.

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Protecting a shared property

Any co-owner can take actions to protect the shared property and its rights.

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No statute of limitations for claiming cancellation of co-ownership

There is no time limit to claim the cancellation of co-ownership, meaning it's not bound by the statute of limitations.

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Ownership of buildings under perpetual usufruct

Buildings and other structures erected on land owned by the government by a perpetual usufructuary become the property of the usufructuary.

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Ownership rights in perpetual usufruct

Ownership of buildings constructed on government land through perpetual usufruct is a right tied to that usufruct.

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Extinction of encumbrances after perpetual usufruct

When the perpetual usufruct ends, all encumbrances on the property are also extinguished.

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Dissolving a perpetual usufruct agreement

A perpetual usufruct agreement can be dissolved if the usufructuary uses the land in a way that contradicts the contract's purpose.

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Easement Appurtenant

A legal right to use another person's land for a specific purpose, often for accessing a property.

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Easement in Gross

An easement that benefits a specific person, not a property.

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Expiration of Easement in Gross

An easement in gross terminates upon the death of the beneficiary.

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Non-Transferability of Easement in Gross

Easements in gross cannot be transferred to other individuals or entities.

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Acquisition of Easement in Gross

An easement in gross cannot be acquired by adverse possession.

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Right of Habitation

The right to live in a dwelling unit, belonging to another person, with certain limitations.

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Inheritance of Right of Habitation

The right of habitation can be inherited by the beneficiary's children, parents, and spouse.

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Using Common Areas under Right of Habitation

The beneficiary of a right of habitation can use the common areas of the building.

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Legal Person

A legal entity that is separate from its owners, with its own rights and obligations. Examples include corporations, non-profit organizations, and municipal corporations.

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Imperfect Legal Person

A legal entity that is not fully recognized as independent, having limited capacity and dependent on its partners or founders.

Examples include unincorporated associations, trusts, foundations without full legal personality, and public agencies without corporate status.

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Capacity for Legal Acts

The ability to enter into legal acts and acquire rights and obligations. It's the power of an entity to act independently and be legally recognized.

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Legal Capacity

The ability to exist in law, to have legal capacity and have rights and obligations.

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Consumer

A natural person who is not directly related to a business or professional activity when entering into a legal act with an entrepreneur.

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Entrepreneur

A natural person, legal person, or organizational unit conducting business or professional activity on its own behalf.

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Economic Activity

An organized profit-making activity, conducted in its own name and continuous fashion.

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Enterprise

A designation distinguishing an enterprise or its parts, including ownership of property, receivables, rights, and intellectual property.

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Limitations Period

This period refers to the time within which a legal claim must be brought before a court or other authority. It begins when the person against whom the claim is made fails to comply with the initial demand.

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Suspension of Limitations Period

Certain situations can cause the limitations period to be paused, preventing it from starting or running. These include claims by children against parents while parental authority exists, claims by individuals with limited legal capacity against their guardians or curators, claims between spouses during their marriage, and claims where unforeseen events prevent an individual from pursuing legal action.

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Limitations Period for Individuals Lacking Legal Capacity

For claims by individuals who lack full legal capacity (e.g., minors, those with disabilities), the limitations period starts running two years after a statutory representative is appointed or the reason for the appointment ceases to exist. If the regular limitations period is shorter than two years, it starts running from the day the representative is appointed or the reason for the appointment ends.

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Interruption of Limitations Period

Actions that can interrupt the running of the limitations period, essentially resetting the timeframe for bringing a claim. These actions include initiating legal proceedings, getting the person against whom the claim is made to acknowledge the claim, and starting mediation.

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Resumption of Limitations Period after Interruption

When a limitation period is interrupted, it starts running again from the point of the interruption. However, if the interruption was due to a legal proceeding or mediation, the period doesn't resume until the proceedings are concluded.

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Statute of Limitations for Confirmed Claims

A claim that has been legally confirmed by a final court decision, an arbitration award, or a court-approved settlement becomes time-barred after six years, even if the general limitations period for that type of claim is shorter.

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Statute of Limitations for Confirmed Periodical Claims

A confirmed claim involving regular payments (like rent) has a three-year statute of limitations for future payments.

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Invalid Declaration Due to Lack of Consciousness or Freedom

A declaration of intent is invalid if the person making it was unable to act consciously or freely due to mental illness, mental retardation, or another temporary impairment.

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Invalid Declaration Due to Ostensible Nature (Deception)

A declaration of intent made to deceive another party is invalid if the other party consented to the deception. The validity of the declaration is judged by the true nature of the act being concealed.

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Avoidance of Legal Effects Due to Error

A declaration of intent based on a mistake about a legal act's substance can be avoided. However, the mistake must be proven to have been caused by the other party or if that person was aware of the mistake or should have easily noticed it.

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Error Caused by Another Person

A declaration of intent made to another person based on an error can be avoided if the error was caused by that person, even if it was unintentional. This restriction does not apply to free-of-charge legal acts.

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Error Noticed by the Other Person

A declaration of intent made based on an error may be avoided even if the error was not caused by the other person, but only if that person was aware of the error or could have easily noticed it.

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Non-Actionable Demand: Performance for Time-Barred Claim

The return of a performance cannot be demanded if the performance was made to satisfy a claim that has been barred by the statute of limitations.

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Study Notes

Real Rights

  • Real rights are a set of rules pertaining to rights relating to things.
  • Subjective meaning involves rights pertaining to things and are effective against everyone.
  • Effective against everyone (erga omnes)
  • Closed catalogue (numerus clausus)
  • Dominance of unconditionally operating norms (iura cogentes)
  • Rights on own things include ownership and perpetual usufruct.
  • Rights on others' things include usufructs, easements, pledges and mortgages.

Object of Real Rights

  • Real rights can be on real estate or movables.
  • Ownership, perpetual usufruct, usufruct, easement, and cooperative ownership rights to premises can relate to real estate.
  • Pledges, mortgages can relate to both real estate or movables.

Divisions of Real Rights

  • Real rights are divided according to independence
  • Rights are also divided according to transferability (transferable, untransferable).

Concept of Things

  • Things are material objects only.
  • Property is ownership and other property rights.
  • Animals are living creatures, capable of suffering.
  • All matters not regulated by animal protection act are subject to other regulations.

Real Estate

  • Real estate is part of the Earth's surface.
  • Includes buildings that are separately owned from land.
  • Ownership of land extends to the space above and below it.
  • Agricultural land includes crop and animal farming, tending to gardens, horticulture

Movable

  • Moveable property can be transported without altering them
  • Goods in specie are unique items.
  • Fungibles are interchangeable items like grains and money.
  • Divisible things can be split without losing value.
  • Indivisible things cannot be split without losing value.
  • Some movables can be barred by law.

Component Part

  • A component part of a thing is anything that cannot be separated from a thing without damaging or altering it, or substantially altering the separated object.

Appurtenances

  • Appurtenances are movables needed to make use of another thing.
  • They must have an actual connection with the thing for their intended purpose.
  • An appurtenance does not cease to be an appurtenance merely because it is temporarily removed.

Profits

  • Natural profits are the fruits and other parts separated from a thing.
  • Civil profits are gains which a thing brings on the basis of legal relationships.
  • Profits from rights are gains from the right, its social and economic purpose.

Possession

  • Possession is actual control of a thing.

  • An owner-like possessor acts as an owner, using the item as their own.

  • A dependent possessor holds the item but depends on another.

  • An actual holder physically holds or controls the item.

  • Elements of possession: corpus (physical control), animus (intention)

Presumptions Pertaining to Possession

  • Ownership-like possession: possession presumed as if the possessor were the owner
  • Continuity: possession presumed to continue unless proven otherwise
  • Compliance with laws: possession presumed to comply with all legal requirements
  • Uninterrupted possession: possession considered continuous unless there is evidence of interruption

Protection of Possession

  • Possession cannot be willfully breached even if the possessor acted in bad faith.
  • A possessor can use self defense to repel a willful breach of possession.
  • A possessor can restore their status through their actions but can not use violence

Ownership

  • Concept of ownership, and relevant articles

Transferability

  • Division of real rights according to transferability (transferable, untransferable)

Adverse Possession

  • Adverse possession is when a possessor not the real owner acquires ownership.

Adverse Possession of a Movable

  • The possessor of a movable who is not the owner acquires ownership if they posses it as an owner-like possessor for three years, unless they hold it in bad faith

Adding Time of the Predecessor

  • To time of possession, the the present possessor can add the time the predecessor was in possession if the possessor and predecessor gained possession in good faith. Otherwise, the present possessor cannot add predecessor's time unless it amounts to at least thirty years.

Abandonment

  • An owner can abandon a movable thing.

Finding

  • Found items are subject to certain regulations governing who they go to

Acquisition of Profits

  • People are entitled to collect the profits of things, such as a barn, which they own.

Production of a New Movable

  • If a thing is made using materials of another, the creator acquires ownership, unless the workmanship is less in value than materials.

Joining, Mixing

  • If items are mixed in such a way that separating them is difficult, they become co-owned proportionate to their value

Swarm of Bees

  • A swarm of bees becomes ownerless if the owner does not find it within three days, unless it lands in an occupied beehive, in which case the occupant becomes the owner.

Social Market Economy

  • Principles of community life, private ownership, and solidarity (based on the Constitution).

Expropriation

  • Permission required by public purposes and in exchange for just compensation.

Main Claims

  • Legal arguments (claims) related to real estate , (rei vindicatio & negotiatoria)

Supplementary Claims

  • (fee payments, profits, etc.)

Co-Ownership

  • Co-ownership is when multiple people share ownership of a single item.
  • Types of co-ownership.
  • Individual shares, or joint ownership

Perpetual Usufruct

  • Perpetual usufruct.
  • Termination of perpetual usufruct
    • Expiration of period
    • Consent of parties
    • Waiver
    • Transfer to the owner
    • Improper use
    • Expropriation

Limited Real Rights

  • Numerus clausus principle
  • Rights to use, or benefit from another's property without owning it.
    • Easement
    • Pledge
    • Mortgage
    • Cooperative ownership

Acts and Actions of Law

  • Privity (relationship between parties having rights and obligations);
  • Types of acts of law (obligations);

Statutory Limitations

  • Statutory limitation periods, exceptions, and extensions;
  • Consumer Protection and statutory limitations

Defects of Declaration of Intent

  • Defects in declarations (lack of consciousness/freedom, ostensible nature, error, and/or deceit, and threat);

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