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Questions and Answers
Under what condition does an acquirer of a movable not gain ownership immediately upon possession?
Under what condition does an acquirer of a movable not gain ownership immediately upon possession?
How long does a restriction on acquiring ownership last for lost, stolen, or mislaid items?
How long does a restriction on acquiring ownership last for lost, stolen, or mislaid items?
Which of the following is NOT a presumption pertaining to possession?
Which of the following is NOT a presumption pertaining to possession?
What action is permissible for a possessor facing willful breach of possession, according to the provided text?
What action is permissible for a possessor facing willful breach of possession, according to the provided text?
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In the case of a willful breach of real estate possession, what self-help action is permitted?
In the case of a willful breach of real estate possession, what self-help action is permitted?
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What qualifies a possessor to claim restoration of the previous state after a breach of possession?
What qualifies a possessor to claim restoration of the previous state after a breach of possession?
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What is the presumption regarding a possessor's adherence to legal norms?
What is the presumption regarding a possessor's adherence to legal norms?
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According to the provided text, what is the definition of uninterrupted possession?
According to the provided text, what is the definition of uninterrupted possession?
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Which of the following best describes the concept of real rights in its subjective meaning?
Which of the following best describes the concept of real rights in its subjective meaning?
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What does 'numerus clausus' refer to in the context of real rights?
What does 'numerus clausus' refer to in the context of real rights?
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According to the Civil Code, what is the definition of 'things'?
According to the Civil Code, what is the definition of 'things'?
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What is the legal status of animals according to the Animal Protection Act?
What is the legal status of animals according to the Animal Protection Act?
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What does the term 'agricultural real estate mean?
What does the term 'agricultural real estate mean?
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What is the meaning of the statement, within the Civil Code, that the ownership of land extends to the space over and under its surface?
What is the meaning of the statement, within the Civil Code, that the ownership of land extends to the space over and under its surface?
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What is essential for something to be considered movable property?
What is essential for something to be considered movable property?
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Which of the following best describes the concept of 'goods in specie'?
Which of the following best describes the concept of 'goods in specie'?
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According to the provided text, under what condition does a claim expire if not pursued?
According to the provided text, under what condition does a claim expire if not pursued?
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According to Article 140 CC, what can an owner do with their property, within the limits set by law?
According to Article 140 CC, what can an owner do with their property, within the limits set by law?
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Which of the following is NOT mentioned as a way of acquiring or losing ownership?
Which of the following is NOT mentioned as a way of acquiring or losing ownership?
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According to Article 155 CC, what is required for a transfer of ownership of fungible goods?
According to Article 155 CC, what is required for a transfer of ownership of fungible goods?
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According to Article 157 CC, what condition must be met for the transfer of real estate ownership if the contract has a condition or time limit?
According to Article 157 CC, what condition must be met for the transfer of real estate ownership if the contract has a condition or time limit?
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What form is required for a contract creating an obligation to transfer real estate ownership, based on Article 158 CC?
What form is required for a contract creating an obligation to transfer real estate ownership, based on Article 158 CC?
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What type of contract would require a transfer of possession for the ownership to be transferred?
What type of contract would require a transfer of possession for the ownership to be transferred?
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Which of the following statements about real estate transfer is true based on the text provided?
Which of the following statements about real estate transfer is true based on the text provided?
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What is a defining characteristic of a usufruct?
What is a defining characteristic of a usufruct?
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Which of the following statements about the limitations of a usufruct is true?
Which of the following statements about the limitations of a usufruct is true?
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What is the obligation of a usufructuary regarding repairs?
What is the obligation of a usufructuary regarding repairs?
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How long can a usufruct be unexercised before it expires?
How long can a usufruct be unexercised before it expires?
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Upon the death of an individual, what happens to the usufruct established in their favor?
Upon the death of an individual, what happens to the usufruct established in their favor?
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What is the basic purpose of an easement appurtenant?
What is the basic purpose of an easement appurtenant?
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How should an easement appurtenant be exercised?
How should an easement appurtenant be exercised?
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What happens if a usufructuary makes outlays they are not obliged to make?
What happens if a usufructuary makes outlays they are not obliged to make?
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What characterizes the legal capacity of an imperfect legal person?
What characterizes the legal capacity of an imperfect legal person?
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Which entity is defined as a natural or legal person conducting business on its own behalf?
Which entity is defined as a natural or legal person conducting business on its own behalf?
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What does the term 'economic activity' refer to?
What does the term 'economic activity' refer to?
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What is an example of an imperfect legal person?
What is an example of an imperfect legal person?
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Which document category pertains to the registration of economic activities?
Which document category pertains to the registration of economic activities?
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Which of the following does NOT represent a part of an enterprise as per civil code?
Which of the following does NOT represent a part of an enterprise as per civil code?
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What is the primary legal framework governing partnerships?
What is the primary legal framework governing partnerships?
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What defines a civil law partnership in terms of legal personality?
What defines a civil law partnership in terms of legal personality?
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What limits the acquirer's liability for the transferor's obligations at the time of acquisition?
What limits the acquirer's liability for the transferor's obligations at the time of acquisition?
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What is necessary for the transfer or lease of an enterprise to be valid?
What is necessary for the transfer or lease of an enterprise to be valid?
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What should the business name of a natural person include?
What should the business name of a natural person include?
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Which of the following must happen before a natural person's name can be included in a legal person's business name?
Which of the following must happen before a natural person's name can be included in a legal person's business name?
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What must be true about a business name to avoid being misleading?
What must be true about a business name to avoid being misleading?
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In what circumstance does the provision regarding the entry of a business name change not apply?
In what circumstance does the provision regarding the entry of a business name change not apply?
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How should the business name of an enterprise differ from others in the same market?
How should the business name of an enterprise differ from others in the same market?
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What is the consequence if an acquirer was unaware of the transferor's obligations at the time of acquisition?
What is the consequence if an acquirer was unaware of the transferor's obligations at the time of acquisition?
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Study Notes
Real Rights
- Real rights are rules pertaining to things
- Subjective meaning of real rights is rights pertaining to things
- 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 (servitudes), pledges, cooperative ownership rights to premises, and mortgages
- Object of real rights
- Ownership applies to real estate and movables
- Perpetual usufruct applies to real estate
- Usufruct applies to movables
- Easement applies to real estate
- Cooperative ownership right to premises applies to real estate
- Pledge applies to movables
- Mortgage applies to real estate
- Divisions of real rights according to independence: independent rights and accessory rights
- Divisions of real rights according to transferability: transferable and untransferable rights
- Concept of things: Includes material objects only (Art. 45, Civil Code)
- Things vs animals: Animals are not things (Art. 1, Animal Protection Act)
- Real estate: Includes the Earth's surface, buildings as separate objects of ownership under regulations (Art. 143, Civil Code)
- Agricultural real estate: Land used for agriculture, crop and animal farming (Art. 46, Civil Code)
- Movable property: Items that can be transported without changing them (goods in specie and fungibles, divisible and indivisible things)
- Component part: Cannot be a separate object of ownership
- Appurtenances: Movables needed for the principal thing
Possession
- Actual control of a thing
- Elements include corpus (physical control) and animus (intention to possess)
- Presumptions pertaining to possession include owner-like possession (Art. 339 CC), continuity (Art. 340 CC), compliance with law (Art. 341 CC), and uninterrupted possession (Art. 345 CC)
- Protection of possession (Art. 342 CC)
- Possession cannot be breached willfully even if the possessor acted in bad faith (Art. 342 CC)
- A possessor of real estate may restore the previous status by his own actions after a willful breach; however, when doing so, he cannot use violence against other individuals (Art. 343 CC)
Ownership
- Concept of ownership includes the right to use and dispose of a thing in accordance with social and economic principles (Art. 140 CC)
- Ways of acquisition and loss of ownership include transfer, positive prescription, abandonment, appropriation, finding, separation, transformation, attachment and mix
Concepts and Objects of real rights
- Transfers include sale, exchange, donation, real estate alienation, or other contract
- Transfer of ownership of real estate needs a specific form
- Conditions or time limits in real estate transfer require additional agreements
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Description
This quiz covers the principles and classifications of real rights, emphasizing their subjective meaning and effectiveness against all. It includes ownership, usufructs, easements, pledges, and more, highlighting differences between independent and accessory rights. Test your knowledge on the specific categories and legal implications of real rights.