Real Rights Overview
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Questions and Answers

Under what condition does an acquirer of a movable not gain ownership immediately upon possession?

  • If the acquisition occurred as part of an execution procedure.
  • If the acquirer had knowledge that the disposer was not the owner. (correct)
  • If the movable is a bearer document.
  • If the movable was acquired at a public auction.
  • How long does a restriction on acquiring ownership last for lost, stolen, or mislaid items?

  • Indefinitely until the original owner is found.
  • One year from the time it was lost.
  • Three years from the date it was lost, stolen, or mislaid. (correct)
  • Six months following the loss.
  • Which of the following is NOT a presumption pertaining to possession?

  • Presumed owner-like possession.
  • Presumed absence of any previous possessors (correct)
  • Presumed compliance with the law.
  • Presumed continuity of possession.
  • What action is permissible for a possessor facing willful breach of possession, according to the provided text?

    <p>To use self-defense to repel a willful breach of possession. (D)</p> Signup and view all the answers

    In the case of a willful breach of real estate possession, what self-help action is permitted?

    <p>To restore the previous status by performing his own actions, but cannot use violence against other persons. (D)</p> Signup and view all the answers

    What qualifies a possessor to claim restoration of the previous state after a breach of possession?

    <p>The possessor was a direct victim of intentional breach of possession. (B)</p> Signup and view all the answers

    What is the presumption regarding a possessor's adherence to legal norms?

    <p>The law presumes all possessions comply with the legal requirements. (C)</p> Signup and view all the answers

    According to the provided text, what is the definition of uninterrupted possession?

    <p>Possession is considered continuous unless there is evidence of interruption. (B)</p> Signup and view all the answers

    Which of the following best describes the concept of real rights in its subjective meaning?

    <p>Subjective rights related to things that can be enforced against anyone. (B)</p> Signup and view all the answers

    What does 'numerus clausus' refer to in the context of real rights?

    <p>The closed and limited list of recognized real rights. (D)</p> Signup and view all the answers

    According to the Civil Code, what is the definition of 'things'?

    <p>Things are exclusively material objects. (A)</p> Signup and view all the answers

    What is the legal status of animals according to the Animal Protection Act?

    <p>Animals are not things but living creatures, deserving human respect and care. (D)</p> Signup and view all the answers

    What does the term 'agricultural real estate mean?

    <p>Any real estate that is or may be used for agricultural production, such as crop and animal farming. (D)</p> Signup and view all the answers

    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?

    <p>Ownership over land includes the space above and below, within the limits of its social and economic purpose, with exceptions for water rights. (C)</p> Signup and view all the answers

    What is essential for something to be considered movable property?

    <p>It must be capable of being transported without being altered. (B)</p> Signup and view all the answers

    Which of the following best describes the concept of 'goods in specie'?

    <p>Unique, specific items that are not interchangeable. (B)</p> Signup and view all the answers

    According to the provided text, under what condition does a claim expire if not pursued?

    <p>If it is not pursued within one year of the breach. (A)</p> Signup and view all the answers

    According to Article 140 CC, what can an owner do with their property, within the limits set by law?

    <p>Use the property, collect profits, and dispose of it, in accordance with the social and economic purpose of their right. (B)</p> Signup and view all the answers

    Which of the following is NOT mentioned as a way of acquiring or losing ownership?

    <p>Adverse possession (B)</p> Signup and view all the answers

    According to Article 155 CC, what is required for a transfer of ownership of fungible goods?

    <p>The transfer of possession. (A)</p> Signup and view all the answers

    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?

    <p>An additional agreement with unconditional consent to immediate ownership transfer. (B)</p> Signup and view all the answers

    What form is required for a contract creating an obligation to transfer real estate ownership, based on Article 158 CC?

    <p>A notarial deed. (B)</p> Signup and view all the answers

    What type of contract would require a transfer of possession for the ownership to be transferred?

    <p>A sale contract for future goods (C)</p> Signup and view all the answers

    Which of the following statements about real estate transfer is true based on the text provided?

    <p>Real Estate ownership cannot be transferred on a condition or subject to a time being. (C)</p> Signup and view all the answers

    What is a defining characteristic of a usufruct?

    <p>It is a right to use and collect profits from a property. (A)</p> Signup and view all the answers

    Which of the following statements about the limitations of a usufruct is true?

    <p>A usufruct may be limited to a specific part of the estate. (C)</p> Signup and view all the answers

    What is the obligation of a usufructuary regarding repairs?

    <p>They should carry out repairs related to ordinary use. (D)</p> Signup and view all the answers

    How long can a usufruct be unexercised before it expires?

    <p>Ten years. (D)</p> Signup and view all the answers

    Upon the death of an individual, what happens to the usufruct established in their favor?

    <p>It expires immediately. (D)</p> Signup and view all the answers

    What is the basic purpose of an easement appurtenant?

    <p>To increase the usability of the dominant estate. (D)</p> Signup and view all the answers

    How should an easement appurtenant be exercised?

    <p>In a manner that causes as little inconvenience as possible to the servient estate. (C)</p> Signup and view all the answers

    What happens if a usufructuary makes outlays they are not obliged to make?

    <p>They can reclaim those costs from the owner. (D)</p> Signup and view all the answers

    What characterizes the legal capacity of an imperfect legal person?

    <p>They have limited capacity for legal acts. (D)</p> Signup and view all the answers

    Which entity is defined as a natural or legal person conducting business on its own behalf?

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

    What does the term 'economic activity' refer to?

    <p>An organized profit-making activity conducted continuously. (A)</p> Signup and view all the answers

    What is an example of an imperfect legal person?

    <p>A trust (B)</p> Signup and view all the answers

    Which document category pertains to the registration of economic activities?

    <p>Both CEIDG and KRS (C)</p> Signup and view all the answers

    Which of the following does NOT represent a part of an enterprise as per civil code?

    <p>Consumer rights (D)</p> Signup and view all the answers

    What is the primary legal framework governing partnerships?

    <p>Commercial companies code (B)</p> Signup and view all the answers

    What defines a civil law partnership in terms of legal personality?

    <p>It is dependent on its partners. (B)</p> Signup and view all the answers

    What limits the acquirer's liability for the transferor's obligations at the time of acquisition?

    <p>The value of the acquired enterprise or farm (B)</p> Signup and view all the answers

    What is necessary for the transfer or lease of an enterprise to be valid?

    <p>A written document with notarized signatures (A)</p> Signup and view all the answers

    What should the business name of a natural person include?

    <p>The entrepreneur's forename and surname (C)</p> Signup and view all the answers

    Which of the following must happen before a natural person's name can be included in a legal person's business name?

    <p>Written consent from the natural person (C)</p> Signup and view all the answers

    What must be true about a business name to avoid being misleading?

    <p>It must clearly represent the entrepreneur's identity and objects (C)</p> Signup and view all the answers

    In what circumstance does the provision regarding the entry of a business name change not apply?

    <p>In cases of death of the entrepreneur (A)</p> Signup and view all the answers

    How should the business name of an enterprise differ from others in the same market?

    <p>It should differ sufficiently from the names of other entrepreneurs (C)</p> Signup and view all the answers

    What is the consequence if an acquirer was unaware of the transferor's obligations at the time of acquisition?

    <p>They have limited liability based on due care (A)</p> Signup and view all the answers

    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.

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