Civil Law Essentials: Possession, Property Rights, and Inheritance
Review 1
1. Savigny’s theory of possession emphasizes the subjective element. It distinguishes between property (legal power) and possession (material power), where property is a right in law, and possession is a de facto situation.
2. Things that can be owned include all tangible items within commerce, natural forces, and immaterial things like industrial property or copyright.
3. Treasure refers to hidden caches of money, jewels, or precious objects of unknown legitimate ownership.
4. Copyright protection lasts for 100 years after the author’s death.
5. Usufruct, according to Article 1013, is the real and temporary right to enjoy the goods of others.
6. Rafael Piña defines usufruct as a real, temporal right granting the holder enjoyment of profits from the normal use of a thing, with the obligation to return the same or its equivalent at the appointed time. This includes quasi-usufruct.
7. The law regulates the right of way for landlocked properties. The owner of such a property can demand passage through neighboring estates, compensating for any damages. The servient owner chooses the easement location. If the judge deems this location burdensome, another must be declared, considering both properties. The easement should be over the shortest route.
8. The public registry of property records titles expressly identified in the Civil Code.
9. Anyone not prohibited by law can be an executor. Those lacking free disposal of their property, magistrates, judges with jurisdiction in the succession’s location, previously removed executors, and those convicted of property crimes are ineligible.
10. In legitimate succession, assets are received by blood or adoptive relatives, not by affinity.
Test 2
1. Possession can be acquired by:
- The person who will enjoy it
- Their legal representative
- Their agent
2. Accession can be continuous (incorporation or aggregation to existing property) or discrete (beneficial things that occur).
3. Trademarks are visible signs distinguishing goods or services. Patents grant privileged status to exploit a new, industrially applicable invention.
4. A property owner without full rights (nuda proprietas) lacks the pleasure and enjoyment of the property.
5. Voluntary servitude is extinguished by:
- Resignation of the dominant owner
- Merger of dominant and servient ownership
- Non-use for 3 years
- Impossibility of use
- Redemption or gratuitous renunciation
- Expiration of term or condition
6. States of inheritance:
- Vacant inheritance: Waived by the entitled person.
- Estate of the deceased: The period between death and asset transfer.
- Accepted inheritance: When the heir accepts (from Latin “adire,” to accept).
- Undivided inheritance: Pending division.
- Divided inheritance: Already distributed.
7. Limitations on self-testimony involve providing for children under 18 or those unable to care for themselves, a spouse unable to work and without assets, and disabled or minor (under 18) ascendants, siblings, and collateral relatives up to the 4th degree without assets.
8. An inofficious testament omits legally mandated provisions for dependents in need. While valid for asset distribution, it must allocate a portion to cover these needs.
9. In legitimate succession, assets are received by blood or adoptive relatives, not by affinity.
10. Excuses for executors include being employees or public officials, active servicemen, being impoverished, being over sixty, or having to care for another executor.
Exam 3
1. Real Law: Concerns rights over things (e.g., property rights), granting immediate, direct, and effective power against anyone. Personal Law: Concerns relationships between people (e.g., lending), where one (creditor) can demand a benefit (action or giving) from another (debtor). They differ in their object and enforceability.
2. The most important action for guardianships is the rei vindicatio, the quintessential real action for claiming ownership.
3. Accession (continuous and real estate) can be natural (alluvion, avulsion, island formation) or artificial/industrial (incorporation of foreign materials into the soil, adjunction, commixtion, confusion, specification).
4. Planiol explains joint ownership as a right vested in the whole common thing, with each owner having a share (quota or ideal part). The right of ownership, not the thing itself, is divided.
5. Obligations of the bare owner:
- Deliver the thing to the usufructuary with all accessions, fit for its agreed purpose.
- Not interfere with the use or enjoyment of the thing.
- Guarantee peaceful use and enjoyment.
- Be liable for damages from hidden defects if the usufruct is for consideration.
6. Our country uses public records (offices with books) to register titles specified in the Civil Code, ensuring legal security and certainty for trade.
7. An executor cannot delegate their duties upon death or transfer them to their heir. However, they can act through proxies under their orders and responsibility.
8. Everyone in the State, regardless of age, has the capacity to inherit. This can only be restricted in relation to specific people or assets.
9. Disabilities to inherit are established in Articles 1247, 1249 (11 cases), 1254, 1257, 1260, and 1264. These include lack of legal personality and not being conceived at the time of the author’s death.
Test 4
1.-Explains the property by its Naturalesa and provision of the law.
Furniture by nature .- It is the furniture that can move from one place to another, moving by themselves or because of external force.
Furniture advance .- They are those who are supporting the ground, but are destined to become soon in furniture, they are considered not in its current state, if not the next state. Example, materials from the mines and quarries that will necessarily be detached from the building.
Furniture provision of the law .- They are movable by identifying the law of obligations and rights or actions aimed movable or amounts payable under personal action.
2 .- adjunction as presented, the conmixtion, confusion and specification?
The award or conjunction: houses is the union of furniture belonging to different owners, to form one.
Comixtión: consists of the mixture of solid things belonging to two owners. May be they will or randomly, in this case, each owner acquires a pro-rata to its share by value of the thing mixed. When it comes to the mixture of liquid is called confusion.
Specification: when two different furniture come together and form a new species.
3 .- what is the name of the legal regime regulating the condominium alctualmente in our state.
* Condominium manager
* Assembly of joint owner
* General Assembly of the condominium
* Assembly of the condo group
* Condominium
* Homeowners
* Supervisory Committee
* Responsible for maintenance and administration.
* Reserve Fund
4.-explains usufructario obligations.
Prior to usufruct means that before entering the enjoyment of the property the usufructuary must make an inventory of goods received by valuing the furniture and setting forth the Edo. Of buildings. Must give a bond guaranteeing property and that will return all their appurtenances when the usufruct ends.
During the usufruct is required to keep the thing in good shape to make the necessary repairs and fulfill all the responsibilities as depositary of the good.
When you finish the usufruct things back in good condition, and that gave accessions.
5 .- out the duties of an executor
1.-The presentation will
2 .- securing the assets of the estate
3 .- Inventory training
4 .- The administration of property and the rendering of accounts for the executor
5 .- The payment of debts burial, inheritance and testamentary
6 .- partition and allocation of assets between the heirs and legatees
7 .- The defense at trial and beyond, as well as inheritance validity of the will
8 .- representation of succession to all trials which have promoted on their behalf or against her were promoted.
9 .- The rest that is required by law.
6 .- will explain the ordinary and his rating as the 1433 s.
Are wills made in ordinary circumstances and normal formalities.
Are classified. In t. public open t. notary closed t. autograph.
7. explains whether you can accept the legacy in part (art. 1330).
The legatee can not accept a part of the legacy or repudiate another.
7 .- explains whether you can accept partially the legacy
8 .- explains the rules for the succession of the ascendants
In the absence of descendants and spouses happen to the father and mother equally, if one lives the parent to living, if only I had ancestors of later grades are shared in equal parts, the members of each line is divided into equal to their portion, if adopting simple forms will be divided into equal shares among their ancestors. If full adoption of the adoptee’s relatives have no legitimate right of succession.
Exam 5
Explain ls consumables and supplies.
Consumables: Are those that are consumed by their use sometimes materially as food, beverages and other legally, in this case it makes a disposition as in the example of the coin.
Things to diminish its use or are consumed.
Non-consumable goods: Are those that do not destroy its use. They are likely to lease, all property which may be used without being consumed.
2 .- what the instruments of defense characteristic of the Homeownership who provides it and where possession is concerned.
THE INJUNCTION: TEMPORARY Actions that aim to protect the interim possession of property and human rights in the same, given both the original holders and to drift without prejudging the final possession, as it only deals with interim possession.
3 .- out the conditions required for a successful occupation in response to the subject object and act,
With respect to the subject., Which intends to acquire the property and also to have the capacity to consent.
In relation to the object, that this is appropriate things are trade and have no owner.
With regard to the act, which has taken possession of the thing without the precisouna making material.
4 .- as enrollment is interrupted
For natural termination: abandonment of the thing, because a third party takes possession of the thing, for destruction or loss of the thing or that falls outside the trade.
For civil limitation: on demand or other legal summons, served on the owner or the debtor if and when the person to whom prescription runs, indubitable fact acknowledges the right of the person against whom prescribed.
5. Notes the common property referred to article 14 of law no. 135
In the field, basements, porches, entrances, halls, galleries, corridors, stairways, courtyards, gardens, paths and internal streets, spaces that have indicated building permits as sufficient for parking of vehicles, provided they are of general use.
Premises for the administration, concierge and porter’s accommodation and guards, but those for general facilities and services;
The works, facilities, equipment and other items that serve the common use or enjoyment, such as pits, wells, cisterns, water tanks, elevators, hoists, incinerators, stoves, ovens, motors and pumps, sewers, canals, water pipelines , drainage, heating, electricity and gas facilities and the safety work, sports, recreation, beautification, reception or social gathering and other similar except those serving exclusively to each department, housing, house or premises;
The foundations, structures, bearing walls and ceilings of general use;
Any other parts of the building, premises, works, appliances or equipment that is resolved, by unanimous vote of the condo, use or enjoy in common or to be established in that capacity in the regulation of the condominium or deed
6 .- explains usufructuary rights.
Use the thing as would the owner according to the nature of the thing.
Whether the beneficial natural, industrial or civil proceedings.
Run all the claims and defenses to protect the enjoyment and should be regarded as a party to any litigation affecting the enjoyment and even an appearance by the owner of the usufructuary may occur.
Exam 5 (2da pte)
7 .- explains the common meaning and the meaning of the word sequence
Common meaning: it is a relationship of time that follows another, for example presidential succession, one after another, a regime that comes after another.
Legally: refers to a heritage that endures despite the change of owner. It is the subrogation of one person by another of goods and transferable rights under his death that this is a concept or restricted in succession.
8 .- The concept of voluntary or testamentary succession
It arises from the express manifestation of the deceased, is the will and therefore is also called probate.
9 .- How successful was the public will open
It is a kind of inheritance and is caused by the expression of the last will of a deceased manifested in the forms previously adopted by the legislature, or through the existence of a valid will made to the forms prescribed by law
10 .- explains the rules for the succession by collaterals.
They are entitled to inherit only through fourth grade. In the first collateral kinship are the brothers who are second-degree relatives, second, the uncle and nephew and vice versa, who are in third grade, and third cousins are the collaterals in fourth grade.
There is also another principle of the succession of specific collateral, because the brothers may be the case that these are siblings in both lines or by one and they are called half-siblings. If there are only brothers by both lines equally happen. If siblings attend half-brothers who inherit a double share these. If you concur with nephews, brothers, sisters or children of predeceased brothers media, which are incapable of inheriting, or who have renounced the estate, the former shall inherit per capita and the latter strains. Failing the above, will happen to the closest relatives within the fourth frade regardless of line or double bond and consideration to inherit equally.
Test 6
Concept of author.
It is the recognition that the state does for creators of literary and artistic works as defined in the art. 13 of the same Act which provides protection for the author to enjoy exclusive privileges personal and property.
2 .- Where the executor ends
The natural term of office;
Death;
Legal disability declared fit;
Excuse that the judge qualifies as legitimate, with audience of stakeholders and the public prosecutor, when children are interested in public welfare.
End of the period prescribed by law and by the extensions granted for the office;
Renewal of appointments made by the heirs;
Removal;
The failure to provide warranty for the term of office.
3 .- concept will
It is a personal act, revocable, unilateral and free, by which a person can have their property and rights and duties for states after his death
4. That is the will autograph and how it’s done
Written in the handwriting of the testator without interference from anyone. Single absolutely secret. Is made in duplicate indicating the date and time, each sheet printed in your fingerprint, the original in a sealed envelope and sealed in charge of the registry before PUBLIC Property, against which the testator in his own handwriting, written on the envelope WITHIN THIS ON MY TESTAMENT CONTAINS and then the place and date that the deposit was made by signing the testator and the employee of the office. At the other envelope containing the duplicate, the registrar settle: CLOSED TO RECEIVE THE STATEMENT SAYS THE LORD X TESTAMENT CONTAINS ITS ORIGINAL AUTOGRAPH, THE CLAIM IS THE SAME AS LORD, THERE WITHIN THIS ON A duplicate, signed by the testator, identification of witnesses and the manager, putting time and place as it extends the record. The registrar shall retain the original will under his direct responsibility until it is delivered by the testator himself to justice have no effect on the envelope appears open or scrapes. The judge examines the cover on and if the correct call witnesses identification to recognize the signatures of the testator and in the presence of the Public Ministry and stakeholders, will open the envelope. According to art. 1495, only when the original no longer exists due to theft or destruction, take the duplicate. This will have the advantage, inter alia, that does not cause great expense and on the other hand the ease of doing, however, can not be certain of the testator’s mental state at the time of the will.
5 .- easements in accordance with § 1090 ccv
The easement is a real burden on a property tax benefit of another belonging to another owner.
The place is constituted in whose favor the easement is called the lost and suffering dominant, servient estate.
6.-which are the element of inheritance
Element: is represented by the deceased and the successor. The cause is the author of the inheritance or testator, in successor is a successor or heir.
Real or objective element: it is all the assets, rights and obligations of the deceased, who do not cease with death.
Causal element: is the donation, which means the calls to happen, that is, the offer or the succession to the person entitled to it, by the express will of the testator (informer testamentary) or presumed will of the deceased (legitimate accusation ).
Test 6 (2nd Pte)
7 .- plenary difference between action and injunction
Possessory action research meeting who is entitled to possess while not restraining. The injunctions are only concerned with internal possession of the properties of the action is intended to address meeting on the final possession of movable and immovable. In the injunctions not prejudge who is entitled to permanent possession or property, the judge did not admit evidence of ownership or right to possess better.
8 .- concept of possession as Rojina Villegas
Ownership is a relationship or state of facts which gives a person the exclusive power to retain one thing to perform physical acts of exploitation, animus domini, or as a result of real or personal right, even without any rights. Rojina Villegas takes the concept of civil law or theory Romance of possession.
9 .- As succession takes place between cohabitants
Persons who have lived under the same roof as husband and wife during the three years immediately preceding death or a lesser time if they had children, provided both have remained free of marriage for cohabitation, have mutual and reciprocal right to inherited according to the following rules:
If the heir concurs with their children which are also the author of the inheritance will be observed as provided in Article 1557 and 1558.
If descendants of the author concurs with the heritage who are not also descendants of the concubine or concubine, is entitled to half of his share to his son.
If you concur with his children and with children are the author of inheritance with the other parent was entitled to the same portion that corresponds to a son
If a descendant of the author concurs with the inheritance shall be entitled to half of this if one of those shows these rights and a third if the two ascending deducted rights either heads or lines.
If you concur with collateral relatives within the fourth degree the author of the succession, is entitled to the two parts of this
If the author leaves no inheritance ascendants, descendants, spouse or collateral relatives to the fourth degree, the total assets of the estate
They belong to the mistress or concubine
10 .- which is the legitimate succession
It is the succession to all assets and all rights and obligations of a person who was, after he died, by people as determined by law, the absence of a bequest or volunteer event, which he holds these assets , rights and obligations.
Exam 7
1.-Is the theory of Ihering gives the character and the elements to recognize.
Savigny criticized us saying that when there is a possibility of exercising the physical power, material, immediate, and always concerned exclusive possession of the thing because there are cases where although there is the possibility of exercising power over a thing can not have possession.
He denies that the animus is an element of possession.
If you recognize that possession is an element of intent, but inseparably joined to the body element.
The corpus implies the animus, and all the detestation includes both bony elements that always hold.
2 .- states of rejecting limitations on property
The expropriation against compensation, neighborhood relations, easements, conditional bans acquisition and abuse of law.
3 .- what are the modes originating from acquiring property.
Occupation: (to access or add) the right to compete to own a thing about what that thing produces or to incorporate it as an accessory.
Acquisitive prescription: a means of acquiring property through the course of a time and under the conditions laid down by law, also acts extinct, the winning prescription other prescription lose him.
Accession: When incorporating a movable thing to another of the same nature, belonging to another owner, are inseparably associated.
4 .- where the works must register for your protection
In the Public Registry of Copyright
5 .- Who authorizes the establishment of the condominium property regime
The executive of the State, through the Secretary of Regional Development
6 .- pinpoints what legal easements governing the civil code
The legal service the way, the legal servitude of aqueduct and sewage legal servitude.
7 .- When we are dealing with an heir and when in the presence of a legatee? The differences between them.
Section 1217 .- The heir acquires a universal title and answer the charges of the estate to the extent of the amount of property inherited.
Section 1218 .- The legatee acquires privately and no more burdens than those expressly imposed upon the testator, subject to its secondary liability to the heirs.
8 .- as defined Rojina Villegas executor?
is the person designated by the testator or by the heirs to comply with and bring an action for the author of the inheritance.
9 .- explains the typical and atypical content of wills
Typical contents: it is constituted by the provisions of economic character.
Containing atypical is that no provisions of this nature (may appoint a guardian, children recognize, confess debts, advising on property, arrange for their burial).
10 .- Will develops as private
The testator must declare in the presence of 5 witnesses and if there is great urgency to 3 and only valid if the testator dies of the disease or the danger was. For the witnesses will be formally declared in the presence of public ministry:
1 .- if recognized, saw, heard the testator
2 .- the venue and date will be awarded the
3 .- what the testator was established
4 .- if he was in full view
5 .-. the reason for this trial was granted because
If they know that the testator died of illness or danger
Consideration 8
1 .- explain why some things are out of the trade
Things are out of business by its nature or the provision of the law.
By their nature: When they can not be owned exclusively by a person that are not within our scope or because they are appropriate (eg, rain, sun, etc.).
For their provision of law: When the law declares irreducible to the particular property (ie, things that serve the community, bridges, roads and all those things that the law excludes them as detrimental to man).
2. How are common-use goods, those intended for public service and public power themselves?
Common-use goods: They are inalienable and indefeasible. They can take advantage of all the people with the restrictions set by law.
Goods for the public service: they belong in full ownership to the federation, states or municipalities. They are inalienable and indefeasible, while they are not disaffected public service that they are intended.
Example: Palace of the legislative, executive and judicial branches of the federation, Secretary, Department of state and its agencies, offices of the 3 powers and rural property in the service of the federation.
Real public domain:
1.-These assets are under the jurisdiction of federal authorities and therefore the states can not tax them in any way.
2 .- They are governed by the general law of national assets, usually land, forests and waters are governed by their respective laws.
3 .- To protect against acts of officials are inalienable and indefeasible
3. explains who is called possessor in good faith and the effects of his possession.
Possessor in good faith: it is he who enters into possession under a title enough to give right to own or one who ignores his title defects that prevent you from having to right is the perfect possession has going for all guarantees . Effects: good faith is always presumed Art 843, 846 ccv holder who has acquired possession through a transfer of ownership title is right: make the fruits of his good faith while not being paid to stop the expenditure necessary and useful . Remove the voluntary improvements when no harm is caused to the thing possessed.
4. explains the classification of the ownership based on the form of acquisition and enjoyment, specifically the peaceful possession, continuously published.
Pacific Ownership: art. 859 which is acquired without violence.
Continuous Ownership: s. 860 which are not interrupted by any legal means to stop enrollment. 1201 Art ccv (if deprived of possession for over a year so demanding that you want to prescribe explicitly recognize the right against the prescriber).
Public Ownership: art. 861. Which enjoys such a way that can be known by all and that is inscribed in the public records of property.
5. said the injunctions, which entered the law: your name, in favor of whom are given and against whom they are exercised and protected. Indicated in each case the art. that contains them.
Injunction to acquire possession in this case never had possession according to our law called inheritance demand action and confer upon the heir in probate or probate against the executor or testamentary possessor of things. Article 15 of the Code of Civil Procedure.
Injunction to preserve or retain possession: art. 16. The civil procedure code in this case has not been lost possession but is threatened and is retained so that if appropriate action is required by the implementation of preparatory acts aimed at the violent usurpation or prevent the practice of law and that claimed within a year brought the action against the troublemaker against ordering such nuisance or against that builds.
Injunction of new play is given to primary and secondary holder to suspend the conclusion of a work and prevent damage is to a possession by implementing a new art work. 17 is given control against which to build the work. cpc
6. How do you define the action for repossession?
As the real action is the owner of property movable or immovable material against the holder thereof, to recover and obtain delivery of the fruits and accessions of the thing.
7. How the succession is classified according to their origin: explaining the succession voluntary, self-and mixed?
The volunteer: arises from the express manifestation of the deceased, is the will and therefore is also called probate.
Legitimate or legal: it has its origin in the lack of will, being subject to the order established by the legislature, is also called secession intest mation or ab-intestate.
Mixed sequence: occurs when the testator does not have all their assets, leaving others whose fate is resolved under the rules of intestacy.
8. explains the common meaning and legal meaning of the succession.
Common meaning: it is a relationship of time that follows another, for example presidential succession, one after another, a regime that comes after another.
Legally: refers to a heritage that endures despite the change of owner. It is the subrogation of one person by another of goods and transferable rights under his death that this is a concept or restricted in succession.
9. outlining the nature of the will
Typical contents: it is constituted by the provisions of economic character.
Containing atypical is that no provisions of this nature (may appoint a guardian, children recognize, confess debts, advising on property, arrange for their burial).