Flashcards: Real Rights and Co-Ownership — 79 cards

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1Question

What is usufruct in property law?

Answer

A real right to use another's property and take its fruits respecting its economic purpose.

2Question

What can a usufructuary do with the property?

Answer

Use the property and obtain its benefits without altering its economic purpose.

3Question

Who retains ownership during usufruct and what happens after?

Answer

The bare owner retains ownership and recovers full ownership when usufruct ends.

4Question

What types of property can usufruct concern?

Answer

Movable or immovable things, income-producing rights, universalities of assets, estates, or portions of estates.

5Question

What is an example of reserving usufruct when selling property?

Answer

Selling a house while reserving usufruct to keep living in it and gain liquidity.

6Question

What is the maximum duration of usufruct for a natural person?

Answer

It cannot last beyond the usufructuary's life.

7Question

What is the maximum duration of usufruct for a legal person?

Answer

It cannot last more than thirty years.

8Question

When does a fixed-term usufruct granted to a natural person end if they die early?

Answer

It ends at that person's death if before the term expires.

9Question

For whom is a successive usufruct effective after the first usufructuary’s death?

Answer

It is effective only for the first usufructuary.

10Question

Does transferring usufruct change its duration?

Answer

No, the duration remains linked to the original usufructuary.

11Question

Can a usufructuary transfer the right for a fixed period or entire duration?

Answer

Yes, unless the constitutive title prohibits transfer.

12Question

What rights does the usufructuary have over the thing during usufruct?

Answer

The usufructuary possesses, may use or lease it, and is entitled to its fruits.

13Question

Can the usufructuary change the property's economic purpose?

Answer

No, the usufructuary may not change the property's economic purpose.

14Question

What kind of improvements may the usufructuary make?

Answer

Improvements that do not alter the substance of the property.

15Question

What must the usufructuary do to the property during usufruct?

Answer

Preserve and ordinarily maintain the property.

16Question

In what condition must the usufructuary return the property?

Answer

Substantially unaltered when usufruct ends.

17Question

How must the usufructuary treat things that deteriorate through proper use?

Answer

Use them according to purpose and return them in existing condition without liability for normal wear.

18Question

What must the usufructuary prepare before obtaining possession?

Answer

An inventory and suitable security such as surety, deposit, pledge, or mortgage.

19Question

What is quasi-usufruct concerning consumable things?

Answer

A variant allowing consumption or alienation with return of equivalent value.

20Question

When does usufruct end due to the usufructuary's status?

Answer

At the death of a natural-person usufructuary.

21Question

Name a cause of usufruct extinction related to time.

Answer

Expiry of its term or twenty years of non-use.

22Question

What happens to usufruct if the thing is totally destroyed?

Answer

Usufruct ends upon total destruction of the thing.

23Question

What does the right of use permit regarding fruits?

Answer

Taking fruits only to the extent required by the user and their family.

24Question

What does usufruct permit concerning the enjoyment of fruits?

Answer

Full enjoyment of the fruits.

25Question

What does the right of habitation allow a person to do?

Answer

Occupy a house within the needs of that person and their family.

26Question

Can rights of use and habitation be transferred or leased?

Answer

No, they cannot be transferred or leased.

27Question

Are rights of use and habitation subject to seizure or forced execution?

Answer

No, they cannot be seized or subjected to forced execution.

28Question

What is a predial servitude in property law?

Answer

A real right burdening one parcel for another's utility.

29Question

What do affirmative servitudes allow the dominant owner to do?

Answer

Use the servient land or perform an act on it.

30Question

What do negative servitudes allow the dominant owner to do?

Answer

Prohibit specified uses of the servient land.

31Question

Why can't a servitude eliminate the essential core of servient owner's rights?

Answer

Because it would amount to private expropriation.

32Question

Must a servitude benefit the dominant land objectively?

Answer

Yes, it must benefit the dominant land objectively.

33Question

Does a servitude need to concern neighboring or contiguous lands?

Answer

No, it need not concern neighboring or contiguous lands.

34Question

Can a servitude generally require the servient owner to perform active services?

Answer

No, it generally cannot require active services.

35Question

How can servitudes arise according to law and contracts?

Answer

Servitudes may arise compulsorily by law or voluntarily by contract or will.

36Question

What other ways can servitudes arise besides law and contracts?

Answer

Servitudes can arise through usucaption or destination of the owner.

37Question

When can a compulsory servitude be imposed on servient land?

Answer

When the dominant land has sufficient utility justifying the burden, even without absolute necessity.

38Question

Name some principal compulsory servitudes.

Answer

They include compulsory passage, aqueduct, electric-line passage, and funicular-line passage.

39Question

How does a compulsory servitude generally arise?

Answer

Through a judgment or administrative order establishing its route, exercise, and indemnity.

40Question

What must a compulsory-servitude decision seek regarding damage and advantage?

Answer

It must seek the least damage to servient land and greatest advantage for dominant land.

41Question

When can the servient owner oppose the exercise of a compulsory servitude?

Answer

Until receiving the indemnity for the servitude's exercise.

42Question

What must the exercise of a servitude satisfy regarding the dominant land?

Answer

It must satisfy the dominant land’s needs.

43Question

How should the exercise of a servitude affect the servient land?

Answer

It must impose the least possible burden on the servient land.

44Question

When can a servitude be moved to another location at one party's request?

Answer

When the move benefits that party without harming the other party.

45Question

What are the ways a servitude can be extinguished?

Answer

By renunciation, confusion of ownership, or twenty years of non-use.

46Question

When does prescription begin for affirmative discontinuous servitudes?

Answer

With the last act of exercise.

47Question

When does prescription begin for negative and affirmative continuous servitudes?

Answer

With a harmful act or an event preventing exercise.

48Question

What does a right of surface allow regarding constructions on another's land?

Answer

It allows making or maintaining constructions above or below another person's land while owning the construction.

49Question

When can the right of surface be created in relation to construction?

Answer

It can be created before construction by authorization or after by transferring the construction separately.

50Question

How does the right of surface differ from usufruct and servitude?

Answer

It may be perpetual and freely alienated, and is not attached to a dominant land.

51Question

What events can end the right of surface?

Answer

Renunciation, confusion, expiry of term, or twenty years without construction can end it.

52Question

Does destruction of the building alone end the right of surface?

Answer

No, unless otherwise agreed, destruction alone does not end it.

53Question

What is emphyteusis?

Answer

A real right over land granting long-term enjoyment nearly like ownership for rent and improvement.

54Question

How can the emphyteuta acquire full ownership?

Answer

By redemption paying fifteen times the annual rent.

55Question

What are causes for emphyteusis to end?

Answer

Expiry, land destruction, twenty years non-use, redemption, or devolution for deterioration, no improvement, or late rent.

56Question

What defines co-ownership in property law?

Answer

A thing belongs simultaneously to several persons, each holding a quota in the whole.

57Question

What rights does a co-owner with one third quota have?

Answer

They may use the entire property proportionally, receive one third of income, and get one third value upon partition.

58Question

How does ordinary co-ownership differ from compulsory co-ownership?

Answer

Ordinary co-ownership is dissolvable anytime, compulsory co-ownership cannot be unilaterally dissolved.

59Question

What is the condition for a co-owner's use of the common thing?

Answer

Use must not change the thing’s purpose or prevent others from equivalent use.

60Question

What transfers can a co-owner make independently?

Answer

They may transfer their quota but not the entire undivided thing or a concrete part.

61Question

How is majority voting calculated in common-property administration?

Answer

By the value of the quotas, not by the number of co-owners.

62Question

What majorities are required for ordinary acts, improvements, and sales in co-ownership?

Answer

More than half for ordinary acts, two thirds for improvements, unanimity for sales or real rights.

63Question

When can a dissenting co-owner challenge majority resolutions?

Answer

If they violate law or seriously prejudice the common thing, and a judge may intervene if majority fails to administer.

64Question

How is majority rule calculated in co-ownership decisions?

Answer

By the value of the shares, not by the number of co-owners.

65Question

What majority is required for acts of conservation in co-ownership?

Answer

A simple majority representing more than half the value of the common property.

66Question

Which Civil Code articles govern ordinary-management regulations and administrator appointments?

Answer

Articles 1105 and 1106 of the Civil Code.

67Question

What majority is needed for innovations improving common property?

Answer

A qualified majority of at least two thirds of the value of the common property.

68Question

What conditions must innovations meet to be approved in co-ownership?

Answer

They must not harm anyone’s enjoyment or involve excessive expenditure.

69Question

What decisions require unanimous consent under Article 1108(3) of the Civil Code?

Answer

Alienation, creation of real rights, and leases longer than nine years.

70Question

Who may challenge a majority decision in co-ownership?

Answer

A dissenting co-owner may challenge it.

71Question

When can a judge annul a majority decision under Article 1109?

Answer

When it violates the law or seriously prejudices the common property.

72Question

What is multiproperty in immovable property ownership?

Answer

A form of co-ownership granting each co-owner usage rights during a specified yearly period.

73Question

What does a contractual multiproperty regulation establish?

Answer

It establishes indivisibility, organizes alternating enjoyment, and assigns annual usage periods.

74Question

What does division do to co-ownership shares?

Answer

It replaces each co-owner’s share with exclusive ownership of equivalent property.

75Question

When can participants generally request division of co-ownership?

Answer

At any time, unless an agreement or testamentary provision imposes a temporary continuation.

76Question

When must division occur in kind?

Answer

When the property can be conveniently divided into portions matching the shares.

77Question

How is indivisible common property handled in division?

Answer

It is attributed to the largest co-owner or sold with proceeds distributed by shares.

78Question

What ownership does each person have in a condominium?

Answer

Exclusive ownership of apartments and proportional co-ownership of necessary common parts.

79Question

When is a condominium administrator mandatory?

Answer

When there are more than eight condominium owners.

Test yourself with the quiz

Test your knowledge with 49 questions on Real Rights and Co-Ownership.

1. Concerning the meaning and functions of usufruct, which propositions are correct?

2. Regarding the respective functions of usufruct and bare ownership, select the correct propositions:

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