Quiz: Real Rights and Co-Ownership — 49 questions

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

A. Usufruct may extend to universalities of assets, estates, or estate portions.

B. Usufruct allows enjoyment of property while preserving its economic purpose.

C. Usufruct may concern movable or immovable things and income-producing rights.

D. Usufruct permits the beneficiary to alter the property’s economic purpose.

E. Usufruct transfers legal ownership of the property to the beneficiary.

Answer: (A), (B), (C)

Explanation

Usufruct is a real right involving use and fruits while preserving the property’s economic purpose. It may apply to movable or immovable property, income-producing rights, and asset universalities; it does not transfer bare ownership or permit economic repurposing.

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

A. The bare owner retains legal title during the usufruct.

B. The bare owner receives the property’s current fruits during the usufruct.

C. The usufructuary preserves title while the bare owner enjoys the property.

D. A seller may reserve usufruct after selling a house and continue living there.

E. The usufructuary receives benefits but cannot alter the property’s economic purpose.

Answer: (A), (D), (E)

Explanation

The usufructuary may use the property and receive its benefits, whereas the bare owner retains title and later recovers full ownership. Selling a house while reserving usufruct is an example of obtaining liquidity while continuing to live there.

3. Concerning usufruct duration and transfer, which propositions are correct?

A. A natural person’s usufruct cannot extend beyond that person’s life.

B. A legal person’s usufruct may last for up to thirty years.

C. The usufruct’s duration remains linked to the original usufructuary after transfer.

D. Transferring usufruct resets its duration for the transferee.

E. A natural person’s fixed-term usufruct ends at death if death precedes the term.

Answer: (A), (B), (C), (E)

Explanation

A natural person’s usufruct cannot continue beyond that person’s life, and a legal person’s usufruct is limited to thirty years. A fixed-term usufruct granted to a natural person ends at death if death comes first, while transfer does not reset its duration.

4. Regarding the transfer of usufruct, which propositions are correct?

A. Transfer leaves the original duration unchanged.

B. A usufruct may be transferred for a fixed period.

C. A transfer may cover the usufruct’s entire remaining duration.

D. The transferee’s lifetime replaces the original usufructuary’s lifetime as the duration limit.

E. The constitutive title may prohibit transfer of the usufruct.

Answer: (A), (B), (C), (E)

Explanation

A transfer does not alter the usufruct’s duration, which remains linked to the original usufructuary. The right may be transferred for a fixed period or its entire duration unless the constitutive title prohibits transfer.

5. A successive usufruct is intended to continue after the first usufructuary dies. Which proposition is correct?

A. The succeeding usufructuary receives a new thirty-year period.

B. The first usufructuary may extend the right beyond personal death.

C. The arrangement remains effective for the first usufructuary.

D. The first usufructuary may benefit from the granted usufruct.

E. The succeeding usufructuary acquires continuation after the first death.

Answer: (D)

Explanation

A successive usufruct intended to continue after the first usufructuary’s death is effective only for the first usufructuary. The succeeding usufructuary cannot acquire that continuation.

6. Concerning usufructuary powers and duties, select the correct propositions:

A. The usufructuary may lease the property to another person.

B. The usufructuary must return the property substantially unaltered.

C. The usufructuary is entitled to natural and civil fruits during usufruct.

D. The bare owner receives the fruits during the usufruct.

E. The usufructuary must ordinarily maintain the property.

Answer: (A), (B), (C), (E)

Explanation

The usufructuary possesses the thing, may use it directly or lease it, and receives natural and civil fruits. The usufructuary must also preserve and ordinarily maintain the property, returning it substantially unaltered.

7. Regarding the usufructuary’s duties and permitted alterations, which propositions are correct?

A. The usufructuary must preserve the property during the usufruct.

B. The usufructuary may make improvements that preserve the property’s substance.

C. The usufructuary must generally prepare an inventory before possession.

D. The usufructuary must ordinarily provide suitable security before possession.

E. The usufructuary may change the property’s economic purpose through improvements.

Answer: (A), (B), (C), (D)

Explanation

The usufructuary may improve the property without altering its substance or economic purpose. The usufructuary must preserve and maintain the property and generally prepare an inventory and provide suitable security before possession.

8. For property that inevitably deteriorates through proper use, which propositions are correct?

A. Normal deterioration does not create liability for the usufructuary.

B. The usufructuary may use the property according to its purpose.

C. The usufructuary generally provides suitable security before possession.

D. The usufructuary may change the property’s economic purpose during use.

E. The property must be returned in its existing condition.

Answer: (A), (B), (E)

Explanation

Consumable or deteriorating things may be used according to their purpose and returned in their existing condition, without liability for normal deterioration. Improvements that do not alter substance are permitted, but economic-purpose changes are not; inventory and security are generally required before possession.

9. Regarding quasi-usufruct and the extinction of usufruct, select the correct statements:

A. Ordinary reduced use causes usufruct to become extinct after twenty years.

B. Quasi-usufruct requires return of the same physical thing at termination.

C. Serious abuse may result in forfeiture of the usufruct right.

D. Twenty years of non-use can cause usufruct to become extinct.

E. Quasi-usufruct concerns consumable things that may be consumed or alienated.

Answer: (C), (D), (E)

Explanation

Quasi-usufruct applies to consumable things and allows consumption or alienation, but an equivalent value must be returned at the end. Usufruct may end through expiry, death of a natural-person usufructuary, renunciation, consolidation, twenty years of non-use, total destruction, or serious abuse; reduced use alone does not necessarily extinguish it.

10. Which statements accurately describe ways in which usufruct may end?

A. Total destruction of the thing may terminate the usufruct.

B. Consolidation may cause the usufruct to be extinguished.

C. The death of a natural-person usufructuary may terminate the usufruct.

D. The usufruct ends whenever the property is used less frequently.

E. Renunciation may bring the usufruct to an end.

Answer: (A), (B), (C), (E)

Explanation

Usufruct can end through expiry of its term, death of a natural-person usufructuary, renunciation, consolidation, twenty years of non-use, total destruction, or forfeiture for serious abuse. Ordinary reduced use is not itself listed as an extinction ground.

11. Concerning rights of use and habitation, which statements are correct?

A. Rights of use and habitation are personal and cannot be transferred.

B. The right of habitation covers housing needs of the holder and family.

C. Usufruct permits full enjoyment of the fruits.

D. The right of habitation generally permits leasing the house to tenants.

E. The right of use limits fruits to the needs of the user and family.

Answer: (A), (B), (C), (E)

Explanation

The right of use permits taking fruits only as required by the user and the user’s family, whereas usufruct permits full enjoyment. The right of habitation is limited to the housing needs of the holder and family, and use and habitation rights are personal and non-transferable.

12. A person holds a right of habitation in a house; which propositions correctly characterize that right?

A. The right is personal and cannot be transferred to another person.

B. The holder may lease the house under the ordinary scope of habitation.

C. The right may be seized through forced execution by creditors.

D. The holder’s family may be included within the permitted housing needs.

E. The holder may occupy the house within personal and family needs.

Answer: (A), (D), (E)

Explanation

Habitation allows occupation of a house within the needs of the holder and family. It does not confer the broader power associated with usufruct to lease the property, while use and habitation rights remain personal and cannot be transferred.

13. Regarding the legal status of rights of use and habitation, tick the correct statements:

A. Rights of habitation cannot be seized by creditors.

B. Rights of use may be subjected to forced execution.

C. Rights of use are personal rights attached to their holder.

D. Rights of habitation may be leased to third parties.

E. Rights of use cannot be transferred to another person.

Answer: (A), (C), (E)

Explanation

Rights of use and habitation are personal rights. They cannot be transferred, leased, seized, or subjected to forced execution, regardless of whether the right concerns fruits or occupation of a house.

14. Concerning the structure of predial servitudes, select the correct statements:

A. A predial servitude burdens one parcel for another parcel’s utility.

B. The burdened parcel is called the dominant land.

C. A predial servitude benefits a person independently of land ownership.

D. A negative servitude may prohibit specified uses of the servient land.

E. An affirmative servitude may authorize use of the servient land.

Answer: (A), (D), (E)

Explanation

A predial servitude burdens servient land for the utility of dominant land belonging to another owner. Affirmative servitudes permit an act or use, whereas negative servitudes allow specified uses to be prohibited; the benefit is attached objectively to land rather than independently to a person.

15. How do affirmative and negative servitudes differ?

A. An affirmative servitude concerns use or action involving the servient land.

B. A negative servitude may prohibit a specified use of the servient land.

C. An affirmative servitude may authorize an act on the servient land.

D. A negative servitude permits the dominant owner to perform an act there.

E. An affirmative servitude imposes a prohibition on the dominant owner.

Answer: (A), (B), (C)

Explanation

Affirmative servitudes allow the dominant owner to use the servient land or perform an act. Negative servitudes instead allow the dominant owner to prohibit specified uses of the servient land; the two categories are distinguished by the type of legal power granted.

16. Regarding the limits and requirements of servitudes, which statements are correct?

A. A servitude may have an indefinite duration.

B. A servitude may eliminate the essential core of ownership rights.

C. A servitude must objectively benefit the dominant land.

D. A servitude cannot generally require active services from the servient owner.

E. The dominant and servient lands need not be contiguous.

Answer: (A), (C), (D), (E)

Explanation

A servitude may be indefinite, but it cannot eliminate the essential core of the servient owner’s property rights because that would amount to private expropriation. Its benefit must be objective for the dominant land, and the lands need not be neighboring or contiguous.

17. A proposed servitude is being assessed for validity; which statements correctly apply?

A. An indefinite servitude can remain valid if ownership retains its essential core.

B. A servitude may be valid when its benefit is objectively tied to the dominant land.

C. Noncontiguous parcels can be connected by a valid predial servitude.

D. Removing the essential core of ownership would amount to private expropriation.

E. A servitude may generally impose active services on the servient owner.

Answer: (A), (B), (C), (D)

Explanation

A servitude may be indefinite but cannot remove the essential core of the servient owner’s rights, since that would amount to private expropriation. It must objectively benefit the dominant land, need not involve neighboring parcels, and generally cannot require active services from the servient owner.

18. Regarding the creation of servitudes, which propositions are correct?

A. Destination of the owner is a recognized mode of creating a servitude.

B. Usucaption can establish a servitude under the applicable conditions.

C. A compulsory servitude requires absolute necessity for the dominant land.

D. A compulsory servitude generally arises from the parties’ private title alone.

E. A servitude may arise through a contract or testamentary disposition.

Answer: (A), (B), (E)

Explanation

Servitudes can arise by compulsory legal mechanisms, private title, usucaption, or destination of the owner. A compulsory servitude may be justified by sufficient utility without absolute necessity, while an authoritative decision generally determines its practical terms.

19. Concerning the decision establishing a compulsory servitude, tick the correct propositions:

A. The servient owner may oppose exercise until payment of the indemnity.

B. The selected route should cause the least damage to the servient land.

C. The decision should seek the greatest advantage for the dominant land.

D. The authority must prioritize the shortest route regardless of resulting damage.

E. The dominant owner may exercise the servitude before receiving the indemnity.

Answer: (A), (B), (C)

Explanation

The decision must minimize harm to the servient land while maximizing the dominant land’s advantage. The servient owner may resist exercise until the indemnity has been paid.

20. Which forms of compulsory servitude are recognized?

A. Compulsory funicular-line passage forms part of the principal categories.

B. Compulsory passage may provide access for the dominant land.

C. Compulsory telephone-line passage is identified as a principal category.

D. Compulsory electric-line passage may be imposed across the servient land.

E. Compulsory aqueduct may require water conveyance across another property.

Answer: (A), (B), (D), (E)

Explanation

Compulsory servitudes include passage, aqueduct, electric-line passage, and funicular-line passage. These are distinct compulsory categories rather than voluntary arrangements created solely by private agreement.

21. Concerning the exercise and extinction of servitudes, which propositions are correct?

A. Confusion of ownership can extinguish a servitude.

B. Renunciation can extinguish a servitude.

C. A servitude ends after ten years of non-use.

D. Exercise must satisfy the dominant land’s needs with minimal burden.

E. Exercise may impose unnecessary burdens whenever the dominant owner benefits.

Answer: (A), (B), (D)

Explanation

Exercise must meet the dominant land’s needs while minimizing the burden on the servient land. A servitude is extinguished by renunciation, confusion, or twenty years of non-use.

22. A servitude has remained unused for many years and ownership has also changed. Which propositions are correct?

A. Renunciation by the entitled person can extinguish the servitude.

B. Fifteen years of non-use extinguishes the servitude under the general rule.

C. Confusion occurs when one person owns both the dominant and servient lands.

D. Twenty years of non-use can extinguish the servitude.

E. A servitude remains unaffected by the reunification of ownership of both lands.

Answer: (A), (C), (D)

Explanation

Renunciation, confusion of ownership, and twenty years of non-use are grounds for extinction. The relevant non-use period is twenty years, not fifteen years.

23. How does prescription begin for different categories of servitude?

A. For every servitude, prescription begins only after twenty years of non-use.

B. For an affirmative discontinuous servitude, prescription begins with its last exercise.

C. For a negative servitude, prescription begins with a harmful act.

D. For a negative servitude, prescription begins with the last voluntary exercise.

E. For an affirmative continuous servitude, prescription begins with an event preventing exercise.

Answer: (B), (C), (E)

Explanation

For affirmative discontinuous servitudes, prescription begins with the last exercise. For negative and affirmative continuous servitudes, it begins with a harmful act or an event preventing exercise.

24. Regarding the right of surface, which propositions are correct?

A. The right of surface may be created by authorizing construction before it is built.

B. The surface holder may own a construction located above or below another’s land.

C. A completed construction may be transferred separately from the land to create surface rights.

D. Accession normally separates ownership of the construction from ownership of the land.

E. Surface rights require the construction to be located entirely below the land.

Answer: (A), (B), (C)

Explanation

A right of surface allows ownership of a construction to be separated from ownership of the land. It may be created before construction by authorization or afterward by separate transfer of the construction.

25. A construction is planned on land belonging to another person. Which propositions are correct?

A. Accession automatically attributes the construction to the surface holder.

B. Surface may arise after construction through its separate transfer from the land.

C. Surface may be established by authorizing the future construction.

D. Surface rights arise only after the construction has been completed.

E. The construction can be transferred separately while the land remains separately owned.

Answer: (B), (C), (E)

Explanation

Surface may precede construction through authorization to build or follow construction through separate transfer. Accession has the opposite effect by attributing the construction to the landowner.

26. Which propositions correctly distinguish the right of surface from usufruct and servitudes?

A. A right of surface has the same duration limits as usufruct.

B. A right of surface is not attached to a dominant land.

C. A right of surface is attached to a dominant parcel like a servitude.

D. A right of surface may be freely alienated or mortgaged.

E. A right of surface may be perpetual.

Answer: (B), (D), (E)

Explanation

Unlike usufruct, surface may be perpetual, freely alienated, and mortgaged. Unlike a servitude, it is not attached to a dominant parcel of land.

27. Concerning the extinction of a right of surface, which propositions are correct?

A. Twenty years without constructing the authorized building can end the right.

B. Expiry of an agreed fixed term can end the right of surface.

C. Renunciation can bring the right of surface to an end.

D. Confusion of ownership can extinguish the right of surface.

E. Destruction of the building automatically ends the right in every case.

Answer: (A), (B), (C), (D)

Explanation

Surface ends by renunciation, confusion, expiry of a fixed term, or twenty years without constructing the authorized building. Destruction of the building alone does not end the right unless the parties agreed otherwise.

28. Regarding the nature and consequences of co-ownership, which statements are correct?

A. A one-third quota may entitle its holder to one third of the property’s income.

B. Compulsory co-ownership may generally be ended unilaterally by any participant.

C. Ordinary co-ownership can generally be dissolved at the request of a participant.

D. A co-owner’s quota concerns the entire asset rather than a physically identified portion.

E. A one-third quota gives immediate exclusive ownership of one specific room.

Answer: (A), (C), (D)

Explanation

Co-ownership gives each person a quota in the entire asset, not a physically identified portion. A one-third quota allows proportional use, income, and value at partition; ordinary co-ownership is generally dissolvable, unlike compulsory co-ownership.

29. Concerning ordinary and compulsory co-ownership, as well as use of the common thing, which statements are correct?

A. Compulsory co-ownership can be unilaterally dissolved by one participant.

B. Ordinary co-ownership is generally dissolvable at the request of a participant.

C. A co-owner’s use must preserve equivalent use by the other co-owners.

D. A co-owner may change the common thing’s purpose without restriction.

E. Compulsory co-ownership serves assets belonging to several neighboring properties.

Answer: (B), (C), (E)

Explanation

Ordinary co-ownership is generally capable of dissolution by a participant. Compulsory co-ownership serves neighboring properties and cannot be unilaterally dissolved; co-owners may use the common thing without changing its purpose or excluding equivalent use.

30. Which statements correctly describe disposal of quotas and administration of common property?

A. Voting power is calculated by quota value rather than co-owner numbers.

B. A co-owner may donate or mortgage that quota.

C. A co-owner may sell the quota held in the common property.

D. A co-owner may independently transfer the entire undivided property.

E. A co-owner may grant usufruct over the quota.

Answer: (A), (B), (C), (E)

Explanation

A co-owner may dispose freely of the quota itself, including by sale, donation, mortgage, or usufruct. The entire undivided asset or a concrete part cannot be independently transferred by one co-owner, and administration is based on quota value.

31. Regarding decision-making in ordinary co-ownership, which statements are correct?

A. Voting is calculated according to the value of the co-owners’ shares.

B. A valid majority decision binds co-owners who voted against it.

C. Co-ownership decisions require unanimous consent in every matter.

D. A dissenting minority remains unbound whenever it rejects the decision.

E. The number of co-owners determines voting power independently of their shares.

Answer: (A), (B)

Explanation

Co-ownership decisions are calculated by the value of shares, and the resulting decision binds the dissenting minority. This differs from condominium decision-making, which also takes participant numbers into account.

32. Which statements accurately describe acts of conservation in co-ownership?

A. They require a simple majority representing more than half the property’s value.

B. They require at least two thirds of the property’s value.

C. They include appointing an administrator under Articles 1105 and 1106.

D. They include adopting ordinary-management regulations.

E. They require unanimous consent from every co-owner.

Answer: (A), (C), (D)

Explanation

Conservation acts require a simple majority representing more than half the property’s value. This includes ordinary-management regulations and appointing an administrator under the stated Civil Code provisions.

33. A proposed innovation improves common property without harming enjoyment or causing excessive expenditure. Which statements are correct?

A. The proposal falls within acts exceeding ordinary administration.

B. The proposal requires a qualified majority of at least two thirds of the property’s value.

C. The proposal may proceed despite serious harm to one co-owner’s enjoyment.

D. A simple majority representing more than half the property’s value is sufficient.

E. The proposal requires unanimous consent because every innovation is an alienation.

Answer: (A), (B)

Explanation

Qualifying innovations and acts exceeding ordinary administration require at least two thirds of the property’s value, provided the stated safeguards are met. Alienation of the common property instead requires unanimity.

34. Concerning major acts affecting common property and judicial control, which statements are correct?

A. Judicial annulment is available when the decision violates the law or seriously prejudices the common property.

B. Creating a real right over common property requires unanimous consent.

C. A dissenting co-owner may challenge a majority decision before a judge.

D. A lease longer than nine years requires unanimous consent.

E. Alienation of common property requires unanimous consent.

Answer: (A), (B), (C), (D), (E)

Explanation

Alienation, creation of a real right, and leases exceeding nine years require unanimous consent under Article 1108(3). A dissenting co-owner may also seek judicial annulment when the legal conditions are met.

35. Regarding multiproperty arrangements, which statements are correct?

A. The regulation organizes alternating enjoyment among co-owners.

B. Multiproperty concerns co-ownership of an immovable property.

C. Each co-owner receives use during a specified period of each year.

D. A contractual regulation may establish that the property remains indivisible.

E. Multiproperty gives each owner unrestricted use throughout every year.

Answer: (A), (B), (C), (D)

Explanation

Multiproperty is co-ownership of immovable property with use assigned during a specified annual period. Its contractual regulation establishes indivisibility, alternating enjoyment, and each co-owner’s annual usage period.

36. Which statements accurately distinguish division from other changes affecting co-ownership?

A. Division dissolves co-ownership by allocating exclusive ownership of equivalent value.

B. A sale of a share leaves the co-ownership relationship in place.

C. Each participant may generally request division at any time.

D. An agreement may impose temporary continued co-ownership.

E. Division converts every share into a physically identical portion.

Answer: (A), (B), (C), (D)

Explanation

Division replaces each co-owner’s share with exclusive ownership of property of equivalent value. A sale of a share does not dissolve the co-ownership relationship, and temporary restrictions may arise from agreement or testamentary provision.

37. Concerning division in kind and condominium ownership, which statements are correct?

A. Division in kind is required when convenient portions correspond to the shares.

B. Cash equalization payments correct unequal values between allocated portions.

C. Condominium owners proportionally co-own necessary common parts.

D. A condominium gives each person exclusive ownership of one or more apartments.

E. A condominium makes every part of the building exclusively owned by one apartment holder.

Answer: (A), (B), (C), (D)

Explanation

Division should occur in kind when the property can conveniently be divided according to the shares. Cash equalization corrects unequal values, while a condominium combines exclusive apartments with proportional co-ownership of necessary common parts.

38. Which features characterize condominium ownership?

A. Each person may exclusively own one or more apartments.

B. The land is generally held in proportional co-ownership.

C. Roofs, stairs, courtyards, and elevators may be common parts.

D. Condominium ownership eliminates co-ownership of all building infrastructure.

E. Foundations and main walls are necessary common parts.

Answer: (A), (B), (C), (E)

Explanation

A condominium combines exclusive ownership of apartments with proportional co-ownership of necessary common parts. Examples include the land, foundations, main walls, roof, stairs, courtyard, and elevator.

39. Regarding possession, which proposition is correct?

A. Possession describes a personal contractual relationship with the thing’s owner.

B. Possession requires a valid title proving ownership of the thing held.

C. Possession is a legal right that exists independently of factual control over a thing.

D. Possession arises when a person receives a thing under a lease, loan, or deposit.

E. Possession is a factual power shown through conduct corresponding to ownership or another real right.

Answer: (E)

Explanation

Possession is factual control shown through conduct corresponding to ownership or another real right. Ownership is a legal right, so treating possession as ownership is incorrect; the other statements misidentify detention or the effects of possession.

40. Possession may be classified according to its legitimacy and the possessor’s knowledge as follows:

A. Legitimate possession corresponds to the right exercised by the possessor.

B. Illegitimate possession is in good faith when the possessor is unaware of another person’s right.

C. Good-faith possession requires the possessor to acknowledge the other person’s superior right.

D. Illegitimate possession is in bad faith when the possessor knows of another person’s right.

E. Bad-faith possession describes detention under a lease, loan, or deposit.

Answer: (A), (B), (D)

Explanation

Illegitimate possession is in good faith when the possessor is unaware of another person’s right and in bad faith when aware of it. Legitimate possession corresponds to the relevant right, while detention is based on a personal right such as a lease.

41. Which effects or forms are associated with possession?

A. Possession may lead to acquisition through usucapion or certain movable goods.

B. Possession can produce possessory protection against interference.

C. Possession may provide a procedural advantage against a reivindicatory action.

D. Mediated possession exists when a third party detains the thing while the original possessor retains possession.

E. A good-faith possessor may acquire fruits produced by the thing.

Answer: (A), (B), (C), (D), (E)

Explanation

Possession has four principal effects: possessory protection, a procedural advantage against a reivindicatory action, acquisition through usucapion or certain movable acquisitions, and fruits for a good-faith possessor. Mediated possession also allows the original possessor to retain possession through a third-party detainer.

42. A person discovers a clandestine dispossession ten months after it occurred; which propositions concerning reintegration are correct?

A. The person may bring the reintegration action within one year of discovering the dispossession.

B. The remedy is unavailable if the person’s prior possession was illegitimate.

C. The remedy requires the claimant to prove good-faith possession.

D. The remedy applies to violent or clandestine dispossession.

E. The reintegration action is designed to restore possession rapidly.

Answer: (A), (D), (E)

Explanation

The reintegration action is a rapid remedy for violent or clandestine dispossession and does not depend on legitimacy, acquisition method, or good or bad faith. It must be brought within one year of dispossession, or within one year of discovery when the dispossession was clandestine.

43. A possessor remains in control of a property but suffers repeated interference; which propositions describe maintenance?

A. The maintenance action may protect a real right over an immovable.

B. The maintenance action protects possession of an individual movable thing.

C. The maintenance action may protect a universal of movables.

D. The maintenance action addresses disturbances without dispossession.

E. The maintenance action may protect possession of an immovable.

Answer: (A), (C), (D), (E)

Explanation

Maintenance protects possession against disturbances that do not deprive the possessor of the thing, unlike reintegration, which addresses dispossession. It covers immovables, real rights over immovables, and universals of movables, but not an individual movable.

44. Which objects fall within the subject matter protected by a maintenance action?

A. A real right over an immovable may be protected by maintenance.

B. Possession of an individual movable falls within maintenance protection.

C. A universal of movables may be protected by maintenance.

D. A lease-based claim to an individual movable is treated as a protected universal.

E. Possession of an immovable may be protected by maintenance.

Answer: (A), (E)

Explanation

Maintenance covers immovables, real rights over immovables, and universals of movables, but not possession of an individual movable. This limitation distinguishes the remedy’s protected subject matter.

45. Which propositions correctly distinguish preventive remedies and maintenance-related disturbances?

A. Excessive smoke may constitute a material disturbance of possession.

B. Denunzia di danno temuto concerns an unfinished work begun within the previous year.

C. Denunzia di nuova opera concerns an unfinished work begun no more than one year earlier.

D. Altered water flow may constitute a material disturbance of possession.

E. Denunzia di danno temuto concerns serious and imminent danger from an existing thing.

Answer: (A), (C), (D), (E)

Explanation

Denunzia di nuova opera concerns harm from an unfinished work begun no more than one year earlier. Denunzia di danno temuto concerns a serious and imminent danger from an existing building, tree, or other thing; maintenance can also address disturbances such as smoke or noise.

46. Regarding the legal nature of usucapion, which statements are correct?

A. Usucapion may acquire ownership or another real right of enjoyment.

B. Usucapion is an original acquisition based on possession continued for the legally required period.

C. Usucapion produces acquisition immediately when possession first begins.

D. Usucapion transfers ownership through a contract concluded with the previous owner.

E. Usucapion constitutes a derivative acquisition because it depends on the former owner’s title.

Answer: (A), (B)

Explanation

Usucapion is an original acquisition because ownership arises through legally sufficient possession rather than a contractual transfer. It can concern ownership or another real right of enjoyment, while contractual transfer is derivative. The legal period is required, but the statement about immediate acquisition is incorrect.

47. Which statements accurately describe the legal function of usucapion?

A. Usucapion requires the owner’s express consent before legal uncertainty can end.

B. Usucapion can end indefinite uncertainty surrounding the ownership of property.

C. Usucapion depends on continued inactivity by the possessor rather than the owner.

D. Usucapion serves primarily as a temporary remedy while ownership remains unresolved.

E. Usucapion recognizes the organizational value of possession that has endured over time.

Answer: (B), (E)

Explanation

Usucapion stabilizes legal relations by ending indefinite uncertainty and recognizing the organizational value of enduring possession. It does not require the owner’s express consent or function merely as a temporary protective measure. The relevant inactivity is that of the owner, not the possessor.

48. Concerning the requirements and periods of ordinary and abbreviated usucapion, which statements are correct?

A. Abbreviated usucapion requires good faith and may require adequate title and registration.

B. Usucapion of universals of movables requires three years ordinarily and ten years abbreviately.

C. Usucapion of registered movables requires ten years ordinarily and three years abbreviately.

D. Usucapion of immovables requires ten years ordinarily and three years abbreviately.

E. Ordinary usucapion may occur without good faith on the possessor’s part.

Answer: (A), (C), (E)

Explanation

Ordinary usucapion may occur without good faith, whereas abbreviated usucapion requires good faith and may also require adequate title and registration. The required periods vary by category: immovables and unregistered movables use twenty and ten years, while registered movables use ten and three years. Universals of movables use twenty and ten years.

49. A possessor learns of a defect several years after possession begins; which statements correctly apply to good faith in usucapion?

A. Later knowledge of the defect automatically converts possession into bad faith.

B. Good faith is assessed when the legally required possession period ends.

C. Article 1147(3) links the assessment of good faith to the beginning of possession.

D. Later knowledge of the defect does not remove the initial good-faith character.

E. Good faith is assessed at the moment possession begins.

Answer: (D), (E)

Explanation

Good faith is assessed when possession begins, so later knowledge of a defect does not remove its good-faith character under Article 1147(3). The assessment is therefore not postponed until the end of the possession period, and later knowledge does not automatically reverse the original classification.