Property Rights, Civil Code, Usufruct, Bare Owner, Acquisition, Legal Act, Unilateral Act, Property Transfer, Property Protection, Ownership Rights
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Abstract
This document outlines the principles of property rights, including acquisition, extent, and protection under the Civil Code, highlighting the rights of owners and the concept of usufruct.
Extract
[...] But today there are restrictions on this absolute character : ? public interest: in the public interest, the State can expropriate an owner (e.g. to build a highway?) ? interest of third parties: this is a servitude (e.g. right of passage to access a landlocked terrain) ? protection of persons: incapacity of exercise of the minor and incapacity of exercise of the major under guardianship ? public order ? (protection of the environment) 2.Property rights are exclusive rights It is a private right ? [...]
[...] civil: for the repair of the damage caused to the owner ? criminal: for the repair of the damage caused to society To characterize civil liability, we need: a damage/harm (e.g. [...]
[...] He recovers full ownership. Les servitudes Art 637 of the Civil Code: servitude is a charge imposed on an estate for the use and utility of an estate belonging to another owner" (estate in the sense of a building) servitude=right on another's thing (example of the landlocked land) servitude=charge imposed on the serving land for the benefit of the dominant land (example: right of passage on land B (serving land) to access land A (dominant land)) Les entraves au droit de propriété 1. [...]
[...] the animus (intentional element) : to say that the possessor acts in an explicit, deliberate manner, and truly believes they are the owner Duration of acquisitive prescription: the duration after which the possessor becomes the actual owner: ? buildings ? possessor in good faith : prescription of 10 years ? possessor in bad faith : prescription of 30 years ? furniture : Art 2276 of the Civil Code ? possession is title 2. By accession ? The addition : the union of two things belonging to two different owners in a single element (ex : the division of property) ? [...]
[...] By a convention Art 1196 of the Civil Code: "In contracts having as their object the alienation of property or the cession of another right, the transfer takes place at the time of the conclusion of the contract. This transfer may be deferred by the will of the parties, the nature of the things or by the effect of the law. The transfer of property entails the transfer of the risks of the thing." ? The principle is that the author transfers his property right to the having-cause at the date of the conclusion of the act. [...]
