Term
| Ownership is the right that confers... |
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Definition
(477) on a person direct, immediate and exclusive authority over a thing. The owner of a thing may use, enjoy and dispose of it within the limits and under the conditions established by law.
Section B talks about Homestead exemption. |
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Term
| 3 things the right ow ownership includes? |
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Definition
1. Usus - to enjoy
2. Fructus - enjoy - the right to derive revenue from the thin
3. Abusus - dispose - right to give it way or destroy it. |
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Term
| The right to ownership may be subject to a resolutory condition, and it may be burdened with... |
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Definition
| (478) a real right in favor of another person as allowed by law. The ownership of a thing burdened with a usufrcut is designated at naked ownership. |
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Term
| The right of ownership may exist only in favor of a... |
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Definition
| (479) a natural person or a juridical person. |
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Term
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Definition
One's assets, legal rights and liabilities that a person has.
- The creditor may have access to
- Only natural and juridical persons have it.
- Keeps tracks of all the assets. |
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Term
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Definition
| If the Creditor sells the debt and debtor now pays someone else. |
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Term
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Definition
| A thing takes a place of another thing in a property relationship. |
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Term
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Definition
| Mass or rights, interest and relation destined to a determined purpose and organized as an economic unit by an entrepreneur. |
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Term
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Definition
| (480) Two or more persons may own the same thing in indivision, each having an undivided share. |
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Term
| Ownership of the samt thing by two or more persons is ownership in indivision. In the absence of other provisions of law or juridical act... |
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Definition
| (797) the shares of all co-owners are presumed to be equal. |
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Term
Co-ownership has been viewed as:
A. A permanent system for the division of land
B. Inherently temporary |
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Definition
| B. due to the fact the co-owners must come to agreements, so whenever there is a disagreement then it will only be resolvable by ending the co-ownership |
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Term
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Definition
things produced or derived from another thing without diminution of its substance
-can be replicated, but can be still be exhaustible |
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Term
Natural Fruit
v.
Civil Fruit |
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Definition
Natural: Products of earth and animals
Civil: Revenues derived from a thing by operation of law or by reason of a juridical act, i.e. rentals, interest or certain corporate distributions |
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Term
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Definition
| No, once taken they are gone. |
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Term
Co-owners shar the fruits and prodcuts of the thing held in indivision in proportion to their ownership.
When fruits or products are produced by a co-owner, other co-owners are entitled ... |
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Definition
| (798) to their shares of the fruits or products after deduction of the costs of production. |
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Term
| A co-owner is liable to his co-owner... |
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Definition
| (799) for any damage to the thing held in indivision caused by his fault. |
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Term
| A co-owner may without the concurrence of any other co-owner... |
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Definition
| (800) take necessary steps for the preservation of the thing that is held in indivision. |
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Term
| The use and management of the thing held in inidvision is determined by... |
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Definition
| (801) agreement of all co-owners. |
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Term
| Except as otherwise provided in Article 801, a co-owner is entitled to use the thing held in indivision according to its destination, but... |
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Definition
| (802) he cannot prevent another co-owner from making such use of it. As against third persons, a co-owner has the right to use and enjoy the thing as if he were the sole owner. |
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Term
| When the mode of use and management of the thing held in indivision is not determined by an agreement of all the co-owners and partition is not available, a court... |
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Definition
| (803) upon petition by a co-owner, may determine the use and management. |
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Term
| Substantial alterations or substantial improvements to the thing held in indivision may be undertaken only... |
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Definition
| (804) with the consent of all the co-owners. |
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Term
| When a co-owner makes substantial alterations or substantial improvements consistent with the use of the property,though without the express or implied consent of his co-owners, |
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Definition
(804)the rights of the parties shall be determined by Article 496.
496: When constructions, plantings, or works are made by a possessor in good faith, the owner of the immovable may not demand their demolition and removal. He is bound to keep them and at his option to pay to the possessor either the cost of the materials and of the workmanship, or their current value, or the enhanced value of the immovable. |
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Term
| When a co-owner makes substantial alterations or substantial improvements inconsistent with the use of the property or in spite of the objections of his co-owners |
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Definition
(804)the rights of the parties shall be determined by Article 497.
497: Bad Faith Possessor
When constructions, plantings, or works are made by a bad faith possessor, the owner of the immovable may keep them or he may demand their demolition and removal at the expense of the possessor, and, in addition, damages for the injury that he may have sustained. If he does not demand demolition and removal, he is bound to pay at his option either the current value of the materials and of the workmanship of the separable improvements that he has kept or the enhanced value of the immovable. |
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Term
| A co-owner may freely lease, alienate, or encumber his share of the thing held in indivision. The consent of ... |
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Definition
| (805) all the co-owners is required for the lease, alienation or encumbrance of the entire thing held in indivision. |
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Term
| A co-owner who on account of the thing held in indivision has incurred necessary expenses, expenses for ordinary maintenance and repairs, or necessary management expenses paid to a third person, is entitled to... |
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Definition
(806) reimbursement from the other co-owners in proportion to their shares.
1. Necessary expenses (property tax)
2. Expenses for ordinary maintenance
3. necessary management expenses paid to a third person |
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Term
| If the co-owner who incurred the expenses had the enjoyment of the thing held in indivision... |
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Definition
| (806)his reimbursement shall be reduced in proportion to the value of the enjoyment. |
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Term
No may be compelled to hold a thing in indivision with another unless...
and
Any co-owner has a right to demand... |
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Definition
(807) the contrary has been provided by law or juridical act.
(807) partition of a thing held in inidvision. Partition may be excluded by agreement for up to fifteen years or for such other period as provided in R.S. 9:1702 or other specific law. |
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Term
| Partition of a thing held in inidivision is excluded when... |
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Definition
(808) its use is indispensable for the enjoyment of another thing owned by one or more of the co-owners.
See Blazer v. Tharp-Sontherimer-Tharp |
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Term
| The mode of partition may be determined by agreement of all the co-owners. In the absence of such an agreements, |
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Definition
| (809) a co-owner may demand partition. |
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Term
| The court shall decree partition in kind when... |
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Definition
| (810) the thing held in indivision is susceptible to division into as many lots of nearly equal value as there are shares and the aggregate value of all lots is not significantly lower than the value of the property in the state of indivision. |
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Term
| When the thing held in indivision is not susceptible to partition in kind, the court shall... |
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Definition
| (811) decree a partition by licitation or by private sale and the proceeds shall be distributed to the co-owners in proportion to their shares. |
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Term
| When a thing held in indivision is partitioned in kind or by licitation, a real right burdening the thing is... |
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Definition
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Term
| When a thing is partitioned in kind, a real right that burdens the share of a co-owner... |
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Definition
| (813) attaches to the part of the thing allotted to him. |
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Term
| An extrajudicial partition may be rescinded on account of... |
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Definition
| (814) lesion if the value of the part received by a co-owner is less by more than one-fourth of the fair market value of the portion he should have received. |
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Term
| When a thing is partitioned by lication, a mortgage, lien or privilege that burdens the share of a co-owner... |
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Definition
| (815) attaches to his share of the proceeds of the sale. |
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Term
| When a thing is partitioned in kind, each co-owner incurs... |
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Definition
| (816) the warranty of a vendor toward his co-owners tot eh extent of his share. |
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Term
The action for partition is:
A. Perscriptible
B. Imprescriptible
C. Preemptive
D. Impremptable |
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Definition
B. or immune to prescription.
Article 817 |
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Term
| The provisions governing co-ownership apply to... |
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Definition
| (818) other rights held in indivision to the extent compatible with the nature of the those rights. |
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Term
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Definition
| Partition by sale and then proceeds are divided. |
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Term
| What is Partition in kind? |
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Definition
| The physical division of the thing. |
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Term
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Definition
1) the “work” has to cause damage to the neighbor, but it must
2) be shown that you either knew or should have know that you were causing damage
3) the damage could have been prevented by reasonable care
4) that he failed to exercise reasonable care |
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Term
| Partition is UNavailable is 2 instances...what are they? |
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Definition
(1) when there is an agreement
(2) when partition is excluded |
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Term
| Inconvenience to the Neighbor |
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Definition
You can do works on your land that do not do damage to your neighbor's land but they can cause an inconvenience.
Ex. You can raise your house so that it darkens your neighbor's bc this is an inconvenience and not actual damage. |
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Term
| Regulating the inconvenience |
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Definition
| 669. If works or a mfr cause inconveince to neighboring houses by diffusing smoke or nauseous smell and there is no servitude inplace, their sufference must be determine by the police or the custom. |
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Term
| An owner is not bound to do anything to save his neighbor from loss however... |
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Definition
he must obstain from doing anything that might cause a loss. (Higgins)
-The air excaping from the dry well caused π injury by interfering with his production. |
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Term
| The usu shall give _________ that he will use the property as a prudent administrator adn fulfill the obligations imposed on it. |
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Definition
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Term
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Definition
| amount of the total value subject to the usufruct |
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Term
| Secruity can be dispense with EXCEPT when... |
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Definition
| the NO is a step-child or a forced heir of the usufructary. |
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Term
| If the usufructary fails to give security... |
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Definition
| the property may be delivered to an admisnitrator until security is put up. |
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Term
| If the usufructary fails to give security... |
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Definition
| the property may be delivered to an admisnitrator until security is put up. |
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Term
If the things subject to the UF are non conusable, the usu has the right to...
What does usu do at termination of the UG |
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Definition
possess them and to derive the utility, profits and advantages that they produce and he must perserve their substance.
SOC: Prudent administrator
Termination - to deliver them to the naked owner |
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Term
| Can the usu execute a lease? |
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Definition
The usu can lease, aleinate or encumber but no what they at the termination of the UF.
Usu is responsible for the abuse the lessee commits to the property. |
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Term
| Surviving spouse UF under the mineral code |
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Definition
The usus is entitled to teh sue and enoyment of the landowner's rights in the minerals, whether or not it was actually worked.
-Cannot execute a lease without the consent of the NO |
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