Podcast
Questions and Answers
What can a co-owner do if the majority acts against the rules of proper management?
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?
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?
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?
Which method does not relate to the cancellation of co-ownership?
What happens to encumbrances on the property at the end of perpetual usufruct?
What happens to encumbrances on the property at the end of perpetual usufruct?
What can lead to the dissolution of a perpetual usufruct contract?
What can lead to the dissolution of a perpetual usufruct contract?
What is the nature of ownership regarding buildings erected on state-owned land by a perpetual usufructuary?
What is the nature of ownership regarding buildings erected on state-owned land by a perpetual usufructuary?
Which of the following best describes perpetual usufruct?
Which of the following best describes perpetual usufruct?
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?
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?
In the case of an item found where searching for the owner is deemed pointless, how is ownership divided?
In the case of an item found where searching for the owner is deemed pointless, how is ownership divided?
What determines ownership when producing a new movable from another person's materials?
What determines ownership when producing a new movable from another person's materials?
If two movables are mixed resulting in co-ownership, how is the share determined?
If two movables are mixed resulting in co-ownership, how is the share determined?
What occurs if a swarm of bees is not retrieved by the owner within three days?
What occurs if a swarm of bees is not retrieved by the owner within three days?
In what situation does the owner of materials retain ownership over a newly produced item?
In what situation does the owner of materials retain ownership over a newly produced item?
What must happen to a found item once the finder acquires ownership?
What must happen to a found item once the finder acquires ownership?
What action can a bee owner take if their swarm leaves the hive without being found within the time limit?
What action can a bee owner take if their swarm leaves the hive without being found within the time limit?
What triggers the right of way to be established?
What triggers the right of way to be established?
What must be considered when establishing a right of way?
What must be considered when establishing a right of way?
How does an easement in gross expire?
How does an easement in gross expire?
Which statement about easements in gross is true?
Which statement about easements in gross is true?
What is a limitation of the right of habitation?
What is a limitation of the right of habitation?
Who may benefit from the right of habitation upon the beneficiary's death?
Who may benefit from the right of habitation upon the beneficiary's death?
What governs the relationship between the beneficiary of a right of habitation and the owner of the servient estate?
What governs the relationship between the beneficiary of a right of habitation and the owner of the servient estate?
What is the main purpose of establishing a right of way?
What is the main purpose of establishing a right of way?
When does the limitations period for claims begin to run?
When does the limitations period for claims begin to run?
Which situation suspends the limitations period for claims made by children against their parents?
Which situation suspends the limitations period for claims made by children against their parents?
How long can the limitations period be suspended for someone who does not have full capacity for legal acts?
How long can the limitations period be suspended for someone who does not have full capacity for legal acts?
Which of the following actions can interrupt the running of the limitations period?
Which of the following actions can interrupt the running of the limitations period?
What happens to the limitations period after an interruption?
What happens to the limitations period after an interruption?
What legislative article addresses the interruption of the limitations period?
What legislative article addresses the interruption of the limitations period?
If a claim has a limitations period of less than two years, when does it begin to run?
If a claim has a limitations period of less than two years, when does it begin to run?
Under what circumstance is the limitations period for claims made by spouses suspended?
Under what circumstance is the limitations period for claims made by spouses suspended?
What is the primary characteristic of an imperfect legal person?
What is the primary characteristic of an imperfect legal person?
What defines a consumer according to the provided legal definitions?
What defines a consumer according to the provided legal definitions?
Which term describes a business activity conducted in an organized and continuous manner?
Which term describes a business activity conducted in an organized and continuous manner?
What must a legal act concerning an enterprise include?
What must a legal act concerning an enterprise include?
Which of the following best describes an entrepreneur?
Which of the following best describes an entrepreneur?
What signifies the status of civil law partnerships according to the content?
What signifies the status of civil law partnerships according to the content?
What accurately describes the nature of rights under contracts for the lease or tenancy of movable properties?
What accurately describes the nature of rights under contracts for the lease or tenancy of movable properties?
Which of the following is NOT considered a type of imperfect legal person?
Which of the following is NOT considered a type of imperfect legal person?
What is the statute of limitations for a claim upheld by a settlement approved by a court?
What is the statute of limitations for a claim upheld by a settlement approved by a court?
Which condition renders a declaration of intent invalid due to lack of consciousness?
Which condition renders a declaration of intent invalid due to lack of consciousness?
In what situation is the ostensible nature of a declaration of intent valid?
In what situation is the ostensible nature of a declaration of intent valid?
Which of the following claims is barred by the statute of limitations?
Which of the following claims is barred by the statute of limitations?
What constitutes an error that may allow for the avoidance of legal effects in a declaration of intent?
What constitutes an error that may allow for the avoidance of legal effects in a declaration of intent?
Which type of legal act is exempt from restrictions regarding error caused by another person?
Which type of legal act is exempt from restrictions regarding error caused by another person?
What is the implications of an ostensible declaration made to conceal another legal act?
What is the implications of an ostensible declaration made to conceal another legal act?
When does a claim for periodical performance due in the future become subject to a limitations period?
When does a claim for periodical performance due in the future become subject to a limitations period?
Flashcards
Ownership of Found Items
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
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
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
Joining of Unequal Value
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Ownership of a Swarm of Bees
Ownership of a Swarm of Bees
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Ownership of Items Found In Obvious Circumstances
Ownership of Items Found In Obvious Circumstances
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Ownership of a New Movable Object
Ownership of a New Movable Object
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Ownership of a Produced Thing
Ownership of a Produced Thing
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Legal intervention in co-ownership disputes
Legal intervention in co-ownership disputes
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Appointing an administrator for a co-owned property
Appointing an administrator for a co-owned property
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Protecting a shared property
Protecting a shared property
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No statute of limitations for claiming cancellation of co-ownership
No statute of limitations for claiming cancellation of co-ownership
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Ownership of buildings under perpetual usufruct
Ownership of buildings under perpetual usufruct
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Ownership rights in perpetual usufruct
Ownership rights in perpetual usufruct
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Extinction of encumbrances after perpetual usufruct
Extinction of encumbrances after perpetual usufruct
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Dissolving a perpetual usufruct agreement
Dissolving a perpetual usufruct agreement
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Easement Appurtenant
Easement Appurtenant
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Easement in Gross
Easement in Gross
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Expiration of Easement in Gross
Expiration of Easement in Gross
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Non-Transferability of Easement in Gross
Non-Transferability of Easement in Gross
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Acquisition of Easement in Gross
Acquisition of Easement in Gross
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Right of Habitation
Right of Habitation
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Inheritance of Right of Habitation
Inheritance of Right of Habitation
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Using Common Areas under Right of Habitation
Using Common Areas under Right of Habitation
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Legal Person
Legal Person
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Imperfect Legal Person
Imperfect Legal Person
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Capacity for Legal Acts
Capacity for Legal Acts
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Legal Capacity
Legal Capacity
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Consumer
Consumer
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Entrepreneur
Entrepreneur
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Economic Activity
Economic Activity
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Enterprise
Enterprise
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Limitations Period
Limitations Period
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Suspension of Limitations Period
Suspension of Limitations Period
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Limitations Period for Individuals Lacking Legal Capacity
Limitations Period for Individuals Lacking Legal Capacity
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Interruption of Limitations Period
Interruption of Limitations Period
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Resumption of Limitations Period after Interruption
Resumption of Limitations Period after Interruption
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Statute of Limitations for Confirmed Claims
Statute of Limitations for Confirmed Claims
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Statute of Limitations for Confirmed Periodical Claims
Statute of Limitations for Confirmed Periodical Claims
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Invalid Declaration Due to Lack of Consciousness or Freedom
Invalid Declaration Due to Lack of Consciousness or Freedom
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Invalid Declaration Due to Ostensible Nature (Deception)
Invalid Declaration Due to Ostensible Nature (Deception)
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Avoidance of Legal Effects Due to Error
Avoidance of Legal Effects Due to Error
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Error Caused by Another Person
Error Caused by Another Person
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Error Noticed by the Other Person
Error Noticed by the Other Person
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Non-Actionable Demand: Performance for Time-Barred Claim
Non-Actionable Demand: Performance for Time-Barred Claim
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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
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Possession is actual control of a thing.
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An owner-like possessor acts as an owner, using the item as their own.
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A dependent possessor holds the item but depends on another.
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An actual holder physically holds or controls the item.
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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
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- Expiration of period
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- Consent of parties
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- Waiver
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- Transfer to the owner
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- Improper use
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- Expropriation
Limited Real Rights
- Numerus clausus principle
- Rights to use, or benefit from another's property without owning it.
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- Easement
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- Pledge
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- Mortgage
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- 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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