Midterm Flashcards

Front 1

Art. 448: Division of Things

Back 1

Things are divided into common, public, and private; corporeals and incorporeals; and movables and immovable

Front 2

Art. 449: Common Things

Back 2

Common things may not be owned by anyone. They are such as the air and the high seas that may be freely used by everyone conformably with the use for which nature has intended them

Front 3

Art. 450: Public Things

Back 3

Public things are owned by the state or its political subdivisions in their capacity as public persons. Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore. Public things that may belong to political subdivisions of the state are such as streets and public squares.

Front 4

Art. 451: Seashore

Back 4

Seashore is the space of land over which the waters of the sea spread in the highest tide during the winter season.

Front 5

Art. 452: Public Things and Common Things Subject to Public Use

Back 5

Public things and common things are subject to public use in accordance with applicable laws and regulations. Everyone has the right to fish in the rivers, ports, roadsteads, and harbors, and the right to land on the seashore, to fish, to shelter himself, to moor ships, to dry nets, and the like, provided that he does not cause injury to the property of adjoining owners. The seashore within the limits of a municipality is subject to its police power, and the public use is governed by municipal ordinances and regulations.

Front 6

Art. 453: Private Things

Back 6

Private things are owned by individuals, other private persons, and by the state or its political subdivisions in their capacity as private persons.

Front 7

Art. 454: Freedom of Disposition by Private Persons

Back 7

Owners of private things may freely dispose of them under modifications established by law.

Front 8

Art. 455: Private Things Subject to Public Use

Back 8

Private things may be subject to public use in accordance with law or by dedication.

Front 9

Art. 456: Banks of Navigable Rivers or Streams

Back 9

The banks of navigable rivers or streams are private things that are subject to public use. The bank of a navigable river or stream is the land lying between the ordinary low and the ordinary high stage of the water. Nevertheless, when there is a levee in proximity to the water, established according to law, the levee shall form the bank.

Front 10

Art. 457: Roads; Public or Private

Back 10

A road may be either public or private. A public road is one that is subject to public use. The public may own the land on which the road is built or merely have the right to use it. A private road is one that is not subject to public use.

Front 11

Art. 461: Corporeals and incorporeals

Back 11

Corporeals are things that have a body, whether animate or inanimate, and can be felt or touched. Incorporeals are things that have no body, but are comprehended by the understanding, such as the rights of inheritance, servitudes, obligations, and right of intellectual property.

Front 12

Art. 462: Tracts of land

Back 12

Tracts of land, with their component parts, are immovables.

Front 13

Art. 463: Component parts of tracts of land

Back 13

Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees, are component parts of a tract of land when they belong to the owner of the ground.

Front 14

Art. 464: Buildings and standing timber as separate immovable

Back 14

Buildings and standing timber are separate immovables when they belong to a person other than the owner of the ground.

Front 15

Art. 465: Things incorporated into an immovable

Back 15

Things incorporated into a tract of land, a building, or other construction, so as to become an integral part of it, such as building materials, are its component parts.

Front 16

Art. 466: Component parts of a building or other construction

Back 16

Things that are attached to a building and that, according to prevailing usages, serve to complete a building of the same general type, without regard to its specific use, are its component parts. Component parts of this kind may include doors, shutters, gutters, and cabinetry, as well as plumbing, heating, cooling, electrical, and similar systems. Things that are attached to a construction other than a building and that serve its principal use are its component parts. 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.

Front 17

Art. 467: Immovables by declaration

Back 17

The owner of an immovable may declare that machinery, appliances, and equipment owned by him and placed on the immovable, other than his private residence, for its service and improvement are deemed to be its component parts. The declaration shall be filed for registry in the conveyance records of the parish in which the immovable is located.

Front 18

Art. 468: Deimmobilization

Back 18

Component parts of an immovable so damaged or deteriorated that they can no longer serve the use of lands or buildings are deimmobilized. The owner may deimmobilize the component parts of an immovable by an act translative of ownership and delivery to acquirers in good faith. In the absence of rights of third persons, the owner may deimmobilize things by detachment or removal.

Front 19

Art. 469: Transfer or encumbrance of immovable

Back 19

The transfer or encumbrance of an immovable includes its component parts.

Front 20

Art. 470: Incorporeal immovable

Back 20

Rights and actions that apply to immovable things are incorporeal immovables. Immovables of this kind are such as personal servitudes established on immovables, predial servitudes, mineral rights, and petitory or possessory actions.

Front 21

Art. 471: Corporeal movables

Back 21

Corporeal movables are things, whether animate or inanimate, that normally move or can be moved from one place to another.

Front 22

Art. 472: Building materials

Back 22

Materials gathered for the erection of a new building or other construction, even though deriving from the demolition of an old one, are movables until their incorporation into the new building or after construction. Materials separated from a building or other construction for the purpose of repair, addition, or alteration to it, with the intention of putting them back, remain immovables.

Front 23

Art. 473: Incorporeal movables

Back 23

Rights, obligations, and actions that apply to a movable thing are incorporeal movables. Movables of this kind are such as bonds, annuities, and interests or shares in entities possessing juridical personality. Interests or shares in a juridical person that owns immovables are considered as movables as long as the entity exists; upon its dissolution, the right of each individual to a share in the immovables is an immovable.

Front 24

Art. 474: Movables by anticipation

Back 24

Unharvested crops and ungathered fruits of trees are movables by anticipation when they belong to a person other than the landowner. When encumbered with security rights of third persons, they are movables by anticipation insofar as the creditor is concerned. The landowner may, by act translative of ownership or by pledge, mobilize by anticipation unharvested crops and ungathered fruits of trees that belong to him

Front 25

Art. 475: Things not immovable

Back 25

All things, corporeal or incorporeal, that the law does not consider as immovables, are movables.

Front 26

Art. 490: Accession above and below the surface

Back 26

Unless otherwise provided by law, the ownership of a tract of land carries with it the ownership of everything that is directly above or under it. The owner may make works on above, or below the land as he pleases, and draw all the advantages that accrue from them, unless he is restrained by law or by rights of others.

Front 27

Art. 491: Buildings, other constructions, standing timber, and crops

Back 27

Buildings other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees may belong to a person other than the owner of the ground. Nevertheless, they are presumed to belong to the owner of the ground, unless separate ownership is evidenced by an instrument filed for registry in the conveyance records of the parish in which the immovable is located.

Front 28

Art. 493.1: Ownership of component parts

Back 28

Things incorporated in or attached to an immovable so as to become its component parts under Articles 465 and 466 belong to the owner of the immovable.

Front 29

Art. 499.:Alluvion and dereliction

Back 29

Accretion formed successively and imperceptibly on the bank of a river or stream, whether navigable or not, is called alluvion. The alluvion belongs to the owner of the bank, who is bound to leave public that portion of the bank which is required for the public use. The same rule applies to dereliction formed by water receding imperceptibly from a bank of a river or stream. The owner of the land situated at the edge of the bank left dry owns the dereliction.

Front 30

Art. 500: Shore of the sea or of a lake

Back 30

There is no right to alluvion or dereliction on the shore of the sea or of lakes.

Front 31

Art. 501: Division of alluvion

Back 31

Alluvion formed in front of the property of several owners is divided equitably, taking into account the extent of the front of each property prior to the formation of the alluvion in issue. Each owner is entitled to a fair proportion of the area of the alluvion and a fair proportion of the new frontage on the river, depending on the relative values of the frontage and the acreage.

Front 32

Art. 502: Sudden action of waters

Back 32

If a sudden action of the waters of a river or stream carries away an identifiable piece of ground and unites it with other lands on the same or on the opposite bank, the ownership of the piece of ground so carried away is not lost. The owner may claim it within a year, or even later, if the owner of the bank with which it is united has not taken possession.

Front 33

Art. 503: Island formed by river opening a new channel

Back 33

When a river or stream, whether navigable or not, opens a new channel and surrounds riparian land making it an island, the ownership of that land is not affected.

Front 34

Art. 504: Ownership of abandoned bed when river changes course

Back 34

When a navigable river or stream abandons its bed and opens a new one, the owners of the land on which the new bed is located shall take by way of indemnification the abandoned bed, each in proportion to the quantity of land that he lost. If the river returns to the old bed, each shall take his former land.

Front 35

Art. 505: Islands and sandbars in navigable rivers

Back 35

Islands, and sandbars that are not attached to a bank, formed in the beds of navigable rivers or streams, belong to the state.

Front 36

Art. 506: Ownership of beds of nonnavigable rivers or streams

Back 36

In the absence of title or prescription, the beds of nonnavigable rivers or streams belong to the riparian owners along a line drawn in the middle of the bed.