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Transfer of Real Rights (Immovable (Ownership is transferred at the time…
Transfer of Real Rights
Immovable
Ownership is transferred at the time of
the agreement
3rd p: WHEN RECORDED
Formal validity
Public records doctrine
NEMO DAT RULE NO EXCEPTIONS
Movable
Ownership is transferred at the time of the agreement
3rd p: Ownership transferred at DEVILRY of thing or action for recovery
Nemo dat rule w/ EXCEPTIONS
No public records doctrine
TRANSFER OF MOVABLES CHART
Lost/stolen
Bad faith
NOT OWNER unless 10 yr Ac. Pre
Good faith
OWNER if from forced sale
NOT OWNER but can be reimbursed
OWNER 3 yr Ac. Pre
Subsequent transfer
Good faith
OWNER if not delivered to original person or 3 yr Ac. Pre
Bad faith
NOT OWNER unless 10 yr Ac. Pre
Anullable title
Bad faith
OWNER until title annulled or 10 yr Ac. Pre
Good faith
OWNER if fair value or 3 yr Ac. Pre