Classification of Property in Civil Law

Posted on Oct 31, 2024 in Law & Jurisprudence

Property in Civil Law

Definition

Property encompasses all that exists without being a person and can be perceived by the senses or conceived through imagination. In legal terms, it refers to anything tangible or intangible that is useful to humans. Things can be classified as either corporeal (tangible) or incorporeal (intangible), with rights falling under the latter category.

Tangible and Intangible Property (Art. 565 CC)

Assets can be tangible or intangible. Tangible assets have a physical form and can be perceived by the senses, such as a house or a book. Intangible assets consist of rights, such as credit or easements.

Personal vs. Real Rights

Personal Rights (Credits):

These are rights that arise from obligations contracted between specific individuals or entities.

Real Rights:

  • Actual Rights: These are rights listed in the law as opposed to undetermined personal rights.
  • They are exercised on things, as opposed to personal rights exercised on individuals.
  • Real rights give rise to real actions.

Movable and Immovable Property (Arts. 566, 567, 580, and 581 CC)

  • Impact on Sales Contracts (Art. 1801 CC): Generally, a sales contract is perfected when there is agreement on the thing and the price (consensual contract).
  • Tradition of Rights in Movable Property: Tradition is a method of acquiring ownership defined in Art. 670 CC.
  • Prescription: The ordinary prescription period is 2 years for movable property and 5 years for immovable property (Art. 2508 CC).
  • Succession: This classification influences inheritance. While heirs may inherit property without major issues, disposing of it requires fulfilling certain requirements outlined in Art. 688 CC.
  • Family Matters: In a marital partnership, property contributed by one spouse or acquired free of charge becomes part of their respective separate property.

Personal Property

Personal property, also known as movable property, can be moved from one place to another without losing its individuality (Art. 567 inc. 1 and 574 CC). It is further classified into:

  • Furniture by Nature: These are things that can move from one place to another by themselves (e.g., livestock) or by external force (e.g., inanimate objects).
  • Furniture by Anticipation: These are products or accessories of a building that are considered movable before separation from the property for the purpose of establishing a right in favor of someone other than the owner (Art. 571 CC).

Other Classifications of Goods

Production and Consumption:

  • Production Goods: Used to create other goods.
  • Consumption Goods: Used to satisfy basic needs.

Consumable and Non-Consumable Goods:

  • Consumable Goods: Destroyed upon first use or have a limited lifespan.
  • Non-Consumable Goods: Can be used repeatedly without being destroyed.

Fungible and Non-Fungible Goods:

  • Fungible Goods: Interchangeable and of equal value, like legal tender.
  • Non-Fungible Goods: Not interchangeable, with varying values. Parties can agree to exchange them under the principle of autonomy of will.

Principal and Accessory Goods:

  • Principal Goods: Can exist independently.
  • Accessory Goods: Depend on a principal good for their existence.

Divisible and Indivisible Goods:

  • Divisible Goods: Can be separated without losing their essence.
  • Indivisible Goods: Cannot be physically divided without being destroyed.

Singular and Universal Goods:

  • Singular Goods: Have individual value or purpose.
  • Universal Goods: Have value or purpose as a set.

Present and Future Goods:

  • Present Goods: Exist in the present legal relationship.
  • Future Goods: Do not yet exist but are expected to exist in the future.

Commercial and Non-Commercial Goods:

  • Commercial Goods: Used in trade and are free from illicit objects or contracts.
  • Non-Commercial Goods: Not used in trade and any act or contract involving them may be considered illicit.

Appropriable and Non-Appropriable Goods:

  • Appropriable Goods: Susceptible to human appropriation and are typically used in trade.
  • Non-Appropriable Goods: Not susceptible to appropriation but may be involved in trade, such as goods entrusted to someone.

National and Private Goods:

  • National Goods: Belong to the nation and are for public use.
  • Private Goods: Belong to individuals or private entities.