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Division of things (Incorporal (no body but have rights, obligee,…
Division of things
Incorporal (no body but have rights, obligee, servitude, right of IP, inheritance right)
Movable
Movables of this kind are such as bonds, annuities, and interests or shares in entities possessing juridical personality
Why is it important
Ownership through occupancy only movables
Immovable
Why is it important?
Formalities for transfer
Public record doctrine
RIGHTS AND ACTIONS that apply to incorporeal immovable
Possessory, petitory, mineral rights
Corporal (have body can be touched)
Movable
Things that can move or can be moved
NOT IMMOVABLES
Rights, obligations , actions to movables
Can lose id and become immovables
Ex. money
Immovable (IN LAW)
Tract of land CORPORAL IMMOVABLE
Component parts of tract of land
Component parts
Small scale corp. movables can become fixtures to corp. immovables
Declaration
Immobilization of machinery, appliances and equipment for purposes of land’s services and improvement.
Formal declaration of owner duly recorded. No segregation allowed. Not applicable for private residence.
Incorporated
Loss of individual identity. Temporary separation does not result into reclassification as movables
Attachment 466
ATTACHED TO BUILDING and serve its principal use.
Other attached things that cannot be removed without substantial damage.
EXAMPLE : Doors, shutters, gutters, cabinets, plumbing, heating, cooling, electric
Other things are component parts of a building or other construction if they are attached to such a degree that they cannot be removed without substantial damage to themselves or to the building or other construction.
466 TEST
Attachments to Buildings
2 more items...
Attachments to other structures
2 more items...
Ownership
Unified
CORPORAL IMMOVABLE
Separate
MOVABLE BY ANTICIPATION
Can be de-immobilized
physical transformation (damage)
transfer of comp. part to GF to 3rdp
Becomes movable
Building
Always immovable
Belong to owner of land = component part
Separate = Separate immovable
IS IT A BUILDING?
Test
Standing timber
Unified ownership
CORPORAL IMMOVABLE
Separate ownership
Cut= movable
Other constructions permanently attached to the ground
windmill, water or electrical tower, oil rig, advertising sign, railroad tracks, stop
sign, telephone exchange box, light pole, etc.
Ownership
Landowner = component part of land (immovable)
Not landowner= MOVABLE BY ANTICIPATION
HOW DO YOU KNOW
size of structure
degree of attachment
permanency
Unharvested crops unfathered fruits of trees
Unified
CORPORAL IMMOVABLE
Separate
MOVABLE BY ANTICIPATION
Portion of surface of earth
*Transfer of immovable includes component part, presumption is landowner owns it. Overcome by public records doctrine