Immovable and Movable Assets

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Questions and Answers

Which of the following scenarios exemplifies goods classified as immovable by destination?

  • Building materials placed on a construction site, ready for use.
  • A collection of vintage books stored in a personal library.
  • Detached machinery temporarily removed from a factory for maintenance but intended to be reinstalled. (correct)
  • Harvested crops stored in a barn, awaiting sale.

Which of the following best describes 'goods outside the civil circuit'?

  • Goods that are commonly traded among individuals.
  • Goods that cannot be subject to legal acts transferring or establishing real rights. (correct)
  • Goods that can be freely traded without any restrictions.
  • Goods that are subject to legal restrictions due to their nature.

If a contract requires a baker to deliver 50 loaves of bread but the exact loaves are not specified, what type of goods are involved?

  • Principal goods
  • Consumable goods
  • Nefungible goods
  • Fungible goods (correct)

Which of the following is the best example of a non-consumable good?

<p>A single-family house rented to a tenant (B)</p> Signup and view all the answers

A large plot of land is divided into smaller, equally valuable building lots without affecting its economic purpose. What type of goods is the original plot?

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

How would you classify a smartphone case in relation to the smartphone itself?

<p>Accessory Good (C)</p> Signup and view all the answers

A farmer harvests apples from his orchard. According to the classification of goods, what are these apples considered?

<p>Frugiferous goods (C)</p> Signup and view all the answers

What distinguishes ‘natural fruits’ from other types of fruits in the context of property law?

<p>They are produced directly and periodically from a good without human intervention. (D)</p> Signup and view all the answers

Which of the following exemplifies 'industrial fruits'?

<p>Harvested wheat from a cultivated field (B)</p> Signup and view all the answers

A landlord receives monthly rent from a tenant. How is this income classified in terms of fruits of a good?

<p>Civil fruits (A)</p> Signup and view all the answers

What characteristic defines goods as 'immovable by destination'?

<p>They are temporarily separated from a property but intended for reattachment and use. (C)</p> Signup and view all the answers

Which of the following scenarios involves goods that are considered 'outside the civil circuit'?

<p>Using public airspace for aviation. (A)</p> Signup and view all the answers

In contract law, if a farmer agrees to deliver 'one ton of wheat,' what type of goods are being referred to?

<p>Fungible goods. (C)</p> Signup and view all the answers

Which scenario best illustrates the concept of 'consumable goods'?

<p>Eating a loaf of bread. (A)</p> Signup and view all the answers

A sculptor creates a statue from a single block of marble. Why would the statue be considered an 'indivisible good'?

<p>Because dividing it would alter its economic purpose. (A)</p> Signup and view all the answers

A bicycle is sold with a detachable basket. How is the basket classified in relation to the bicycle?

<p>Accessory good (D)</p> Signup and view all the answers

Which of the following generates 'frugiferous goods'?

<p>An apple orchard. (C)</p> Signup and view all the answers

What is the primary characteristic of 'natural fruits' as a type of good?

<p>They occur spontaneously without human intervention. (B)</p> Signup and view all the answers

Which of the following best exemplifies industrial fruits?

<p>Grapes harvested from a vineyard. (C)</p> Signup and view all the answers

What is the key attribute of civil fruits?

<p>They result from contractual agreements. (D)</p> Signup and view all the answers

Flashcards

Bunuri imobile prin destinatie (Immovable property by destination)

Materials provisionally separated from real estate, intended for reuse, retaining their original form.

Bunurile imobile prin determinarea legii (Immovable property by law)

Goods that are defined as immovable by law

Bunuri aflate in circuitul civil (Assets in civil circulation)

Assets that can be acquired or transferred through civil legal acts.

Bunuri scoase din circuitul civil (Assets removed from civil circulation)

Assets that cannot be subject to a translative or constitutive legal act

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Bunuri fungibile (Fungible assets)

Assets that can be determined by number, measure or weight, replaceable with others.

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Bunuri nefungibile (Non-fungible assets)

Assets that can not be replaced with others when fulfilling an obligation

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Bunuri consumptibile (Consumable assets)

Assets whose ordinary use involves the alienation or consumption

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Bunuri neconsumptibile (Non-consumable assets)

Assets that can be used repeatedly without consuming their substance.

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Bunuri divizibile (Divisible assets)

Assets that can be divided without altering their economic purpose.

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Bunuri indivizibile (Indivisible assets)

Assets which cannot be divided without altering their nature.

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Bunuri principale (Principal assets)

Assets that can be used independently.

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Bunuri accesorii (Accessory assets)

Assets designated for the stable economic use of another asset.

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Bunuri frugifere (Fructiferous assets)

Assets that periodically produce other assets, without being consumed

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Bunuri nefrugifere (Non-fructiferous assets)

Assets that cannot generate other assets

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Fructele (Fruits)

Products derived from the use of an asset without diminishing its substance.

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Fructe naturale (Natural fruits)

Direct and periodic products of an asset, obtained without human intervention.

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Fructe industriale (Industrial fruits)

Direct and periodic products of an asset, obtained through human intervention

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Fructe civile (Civil fruits)

Revenues generated from the use of an asset by a person, by virtue of a legal act.

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Study Notes

  • Examples of items like car parts

Immovable Assets by Destination

  • Refers to materials provisionally separated from a building to be reused as long as they retain their original form
  • Includes integral parts of a building temporarily detached, intended for reintegration
  • These are considered movable by nature, but because of their intended purpose as determined by the owner, the law considers them immovable
  • Refers to real estate rights
  • Considers how assets circulate within the legal system

Assets in Civil Circulation

  • Assets that can be acquired or transferred through civil legal acts
  • They can circulate freely, without restrictions, or under restrictive conditions
  • Examples of restricted assets include firearms, ammunition, toxic materials, and religious objects

Assets Outside Civil Circulation

  • Assets that cannot be subject to a transfer or constitutive legal act of real rights
  • Examples include common resources like air, sunlight, and sea water

Classification by Possibility of Substitution in Fulfilling an Obligation (Art. 543 C.civ.)

  • Categorizes assets based on whether they can be replaced with others when fulfilling an obligation

Fungible Assets

  • Assets that can be determined by number, measure, or weight and can be replaced by others
  • This includes generic assets that are individualized through measuring, weighing, or counting

Non-fungible Assets

  • Assets that cannot be replaced by others in fulfilling an obligation
  • The debtor is only released from the obligation by delivering the specific asset owed
  • This includes individually determined or unique assets

Classification by Consumption of Substance or Transfer Through Use (Art. 544 C.civ.)

  • Categorizes assets based on how their use affects their substance

Consumable Assets

  • Assets whose ordinary use involves the transfer or consumption of their substance
  • Examples include money, food, and fuel

Non-consumable Assets

  • Assets that can be used repeatedly without consuming or transferring their substance
  • Examples include buildings, land, and machinery

Classification by Possibility of Dividing Assets Without Altering Their Purpose (Art. 545 C.civ.)

  • Focuses on whether assets can be divided without changing their economic destination

Divisible Assets

  • Assets that can be divided without altering their economic purpose

Indivisible Assets

  • Assets that cannot be divided in nature without altering their economic purpose

Classification by Correlation Between Assets (Art. 546 C. civ.)

  • Differentiates assets based on their relationship to each other

Principal Assets

  • Assets that can be used independently and are not intended to serve the use of another asset
  • Example: A telephone

Accessory Assets

  • Assets intended, in a stable and exclusive manner, for the economic use of another asset
  • Example: A telephone case

Classification by Possibility of Producing Other Assets

  • Focuses on whether assets can generate other assets

Frugiferous Assets

  • Assets that periodically produce other assets, without consuming their substance
  • These generated assets are called "fruits"

Non-frugiferous Assets

  • Assets that cannot generate other assets
  • These are called "non-fruits"

Fruits

  • Products derived from the use of an asset, without diminishing its substance

Natural Fruits

  • Direct and periodic products of an asset, obtained without human intervention
  • Examples include forest fruits and animal offspring

Industrial Fruits

  • Direct and periodic products of an asset, obtained through human intervention
  • Example: Harvested crops

Civil Fruits

  • Income generated from using an asset by a person through a legal act
  • Examples include rents, interest, annuities, dividends, and leases

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