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29 Cards in this Set

  • Front
  • Back
Art 448 Division of Things
Things can be:
•Common, Public, or Private
•Corporeal or Incorporeal
•Moveable or Immoveable
Art 449 Common Things
•Cannot be owned by anyone
•Can be used by everyone
•EX. Air, high Seas
Art 450 Public things
•Owned by the state or its political subdivisions in their capacity as public persons.
• Public things owned by the state: Running waters, the waters and bottoms of natural navigable water bodies, the territorial seas and the seashore
•Public things that belong to the political subdivisions of the state: streets and public squares.
Art. 451 Seashore
• The space of land over which the waters of the sea spread in the highest tide during Winter
Art 452 Public things and Common Things Subject to public use
•Everyone can use these things provided that he does not cause injury to the property of adjoining owners.

•Seashore within the limits of a municipality is subject to police power and the public use is governed by municipal ordinances
Art 453 Private Things
Can be owned by:
•Other private persons
•The state or its political subdivisions as private persons
Art 454 Freedom of Disposition by private persons
•Owners of private things may freely dispose of them
Art 455-Private things subject to public use
•Private things may be subject to public use (by law or dedication)
Art 456 Banks of navigable Rivers or Streams
•Private things subject to public use.

•The bank=the land lying between the ordinary low and the ordinary high stage of the water.

•When there is a levee, it shall form the bank
Art 457-Roads; public or private
•Roads may be public or private

•Public roads are subject to public use. The public may own the land or merely have the right to use the land.

•Private roads are not subject to public use
Art 458-Works obstructing the public use
•Works built without permit on public things that obstruct the public use may be removed at the expense of the persons who built or own them at the instance of public authorities, or of any person residing in the state.

•The owner of the works may not prevent their removal by alleging prescription or possession
Art 459-Building encroaching on a public way
•Shall be permitted to remain if: it does not prevent its use and cannot be removed without causing substantial damage to its owner

•If it is demolished from any cause, the owner shall be bound to restore to the public the part of the way upon which the building stood.
Art. 460-Construction of navigation facilities on public places by port commissions or municipalities
•May construct and maintain on public places works necessary for public utility.
Art 461-Corporeals and Incorporeals

•Have a body and can be either animate or inanimate and van be felt or touched.


•Have no body, but are comprehended by the understanding.

•Ex. Rights, servitudes, obligations
Art 462-Tracts of Land
•Tracts of land along with their component parts are immoveables.
Art 463-Component Parts of Tracts of Land
•Buildings and other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees=component parts when they belong to the owner of the ground.
Art 464-Buildings and Standing Timber as Separate Immoveables
•When they belong to a person other than the owner of the ground buildings and standing timber are separate immoveables.
Art 465-Things incorporated into an immoveable
•Once these things, such as building materials, are so incorporated as to become an integral part of the land it is considered a component part of the land
Art 466-Component parts of buildings or other constructions
•Component parts=things permanently attached to a building or other construction such as plumbing heating cooling electrical or other installations.

•Things are permanently attached if they cannot be removed without substantial damage to themselves or to the immoveable to which they are attached.
Art 467-Immoveables by Declaration
•The owner of an immoveable may declare by registry that an item placed on the immoveable are deemed to be a component part.

•Registry shall be filed in the conveyance records of the parish in which the immoveable is located.
Art. 468-Deimobilization
•Component parts of an immoveable so damaged/deteriorated that they can no longer serve the use of lands/buildings are deimmobilized.

•The owner may deimmobilize the component parts of an immoveable by an act translative of ownership and delivery to acquirers in good faith.

•In the absence of rights by 3rd persons, the owner may deimmobilize by removal or detachment.
Art 469-Transfer or encumbrance of immoveable
•The Transfer or encumbrance of immoveables includes the component parts
Art 470-Incorporeal Immoveables
•Rights and actions that apply to immoveables

•Ex. Personal servitudes established on immoveables, predial servitudes, mineral rights, and Petitory or possessory actions
Art 471-Corporal Moveables
•Things, whether animate or inanimate, that normally move or can be moved from one place to another.
Art 472-Building Materials
•Materials used for construction of a building, even if taken from a demolished building are moveables until incorporated into the building

•Materials removed for the purpose of repair, addition, or alteration with the intent of putting it back remain immoveables
Art 475-Things not immoveable
•All things, corporeal or incorporeal , that the law does not consider as immoveables, are moveables.
Art 473-Incorporeal Moveables
•Rights, actions, Obligations that apply to a moveable thing.

•Ex. Bonds, annuities and interests or shares in entities possessing juridical personality.
•Interests or shares in a juridical person that owns immoveables are considered as moveables as long as the entity exists. Upon dissolution the right of each individual to share in the immoveables is an immoveable
Art 474-Moveables by anticipation
•Ex. Unharvested crops and ungathered fruits of trees when they belong to a person other than the landowner.

•When the crops and fruits belong to the landowner he may mobilize by act translative of ownership or by pledge

•Insofar as a creditor is concerned the crops/fruits are moveables by anticipation when encumbered with security rights of 3rd persons.
Art 476-Rights in Things
Owners have rights in these things:
• Ownership
• Personal and predial servitudes; and
•Such other real rights as the law allows.