Acquiring Property: Legal Methods and Key Considerations

Posted on Dec 20, 2024 in Law & Jurisprudence

Abstract: Legal Ways to Acquire Property

A mode of acquiring property is a fact or juridical act to which the law grants the virtue of operating in the generation, transfer, and transmission of domain and other real rights.

Features

  1. It is a fact or juridical act.
  2. Its origin is in the law.
  3. It operates in the generation, transfer, and transmission of property.

Theories

Traditional Doctrine: It has its origins in Roman Law. It distinguishes between:

  • Title or remote cause of acquisition: The factual or legal act that serves as background for the acquisition of ownership or other real rights.
  • Mode of acquiring or proximate cause: The fact or legal act which actually produces the acquisition of ownership or other real rights.

Title transferring ownership: Titles enabled for the subsequent transfer of the domain.

  • They are exhaustive and may take the form and characteristics that individuals agree upon.
  • They adopt the form of contracts: sale, exchange, donation, contribution to a company, and so on.
  • They adopt the form of a convention: payment in kind.

Modes of acquiring are established by law.

Theories that Reject the Distinction Between Title and Mode

1. French Law: To acquire property rights, just the title is needed; the method is unnecessary or is considered implicit in that. The French Civil Code states that property transfers and purchases for the sole purpose of the contract. The tradition loses its quality of means of acquiring; it represents only the seller’s obligation to put the thing to the purchaser.

2. German Law: We must break the link between the mode of purchase and the title for the purpose of transfer of real rights. The only thing of interest in transferring and acquiring these rights is just the way it is split into two stages:

  • The real deal.
  • The very tradition (or registration, in the case of property).

If the causal business, which originated the real deal and abstract, is an invalid sale, such invalidity of title or business does not affect the causal real deal: this is a law firm if perfected.

In the German Code, the title or causal business (the sale) is irrelevant in the acquisition and loss of proprietary rights.

The advantage translates into effective protection of third parties. If the title or business causal is declared void, not that the sale becomes null and void, and the party in whose favor is declared invalid can only assert the unjust enrichment action.

Legal Reserve

The modes of acquiring are solely those established by law. There is no effective protection of the domain if individuals are allowed to create their own ways.

This reservation is expressed in Article 19 No. 24 Inc. 2 of the Constitution: Only the law can set the mode of acquiring property to use, enjoy, and dispose of it and the restrictions and obligations deriving from its social function.

Enumeration (Art. 588)

  1. Occupation
  2. Accession
  3. Tradition
  4. Succession by Cause of Death
  5. Prescription
  6. Law
  • Expropriation (Art. 19 N° 24 Inc. 3° Constitution and Decree-Law 2,186)
  • Legal usufruct of the father on the child’s property subject to custody
  • Legal usufruct of the husband over the private property of his wife

Classification

Original vs. Derivative:

  • Original modes give birth to property in their current owner.
  • Derivative modes acquire detached property from a predecessor.
  • Accession, Occupation, Prescription, and Law (in some cases) are original modes.
  • Expropriation and legal usufruct can be original.
  • Tradition and Succession by Cause of Death are derivative.

Importance: To examine the perfection of the acquisition of the domain.

  • If obtained by an original way, the acquired property will be complete.
  • If obtained by a derivative way, the property will be as full as it was in the old title. (No one transfers or transmits more than they have).

Universal vs. Singular:

  • Universal modes allow acquiring ownership of a totality or a part of it.
  • Singular modes allow acquiring ownership of specific assets.
  • Tradition and Succession by Cause of Death are always universal.
  • Prescription can be both.
  • Accession and Occupation are always singular.

Importance: Allows you to highlight the legal limitations that exist to take legal action on universals. Acquisition of universality is regarded with reluctance because they are an attribute of personality which the person can not discard. As an exception, it may be acquired by succession, inheritance, tradition, or prescription.

Gratuitous vs. Onerous:

  • Gratuitous modes do not mean a pecuniary sacrifice for the acquirer.
  • Onerous modes mean a pecuniary sacrifice to the customer.
  • Occupation and Succession are always gratuitous.
  • Accession can be both. In some cases, it may be obliged to pay compensation, making it onerous.
  • Prescription is free of charge when it is the deadline; no disbursement is needed.
  • Tradition can be both, but in fact, it is free of charge because it is the title that may be onerous.
  • Law, in principle, is free. But expropriation is costly; it requires responsibilities.

Importance: For the doctrine, it is not important. Its importance dates back to the legal effects depending on whether they are free or onerous. The effects follow from the juridical act.

Inter Vivos vs. Mortis Causa:

  • Inter vivos modes do not involve the death of the holder of the domain to operate.
  • Mortis causa modes presuppose the death of the holder of the domain to operate.
  • All modes except Succession by Cause of Death are inter vivos.
  • Succession by Cause of Death is mortis causa.

Importance: Does not offer significant importance.

Goods for Which They Operate

1. All goods that are subject to domain:

  • Occupation: Movable tangible property, with no owner.
  • Accession: Tangible and real property.
  • Prescription:
    • Tangible movable and immovable property.
    • Incorporeal things restricted to real rights, except for continuous and apparent easements.
    • It allows the acquisition of personal rights and continuous and apparent easements.
  • Tradition:
    • All tangible movable property.
    • Intangible property (real or personal rights).
    • Exceptionally, no personal rights can be acquired when the transferor is the copyright holder. But they can get from the real rights of use and habitation.
  • Succession by Cause of Death:
    • Tangible and intangible property can be purchased.
    • Juridical universality (all assets).
    • Exceptionally, transferable rights cannot be acquired.
    • Exceptionally, it is possible to acquire universal legally through prescription and tradition when it comes to real estate rights.

Exclusive Mode of Acquiring

You can only acquire the domain for a profile. You can purchase what you already have.

Transfer Systems (Tradition) of Property

1. Duality Title – Effect Mode or Contract Staff:

Property transfer requires:

  • Title: This is a legal act which is suitable to transfer the domain. Personal rights are acquired to require domain transfers. It does not generate any direct rights in the thing.
  • Mode of acquiring: It is necessary to produce real effects title. We speak mainly of Tradition.

The system seeks to protect the appearance because it connects the possession of the goods with the domain. There is less room for hidden or covert transfers.

2. Effect Real Consensual or Contract:

The contract is heading and so at once.

  • It transfers the domain without the need to work a way to acquire.
  • The contract generates direct rights in the thing.

Need for Title for Other Acquisitions

Alessandria: The title requirement should apply to all acquisitions of Art. 588.

  • Occupation, Accession, and Prescription: The title is confused with the mode of acquisition.
  • Succession by Cause of Death: The title may be the will or the law, as if whatever testate or intestate succession.

Correa, only need to Somarriva: Title is needed only in tradition. It is argued in this regard:

a) Art. 588: Only refers to modes of acquiring ownership and nothing concerning the securities. Just the existence of the mode of acquisition. The rules of succession upon death, occupation, accession, and prescription do not require a title.

b) Succession upon death: It can happen to a person part intestate and testamentary part.

c) The doctrine requires as a general requirement that the title is incomplete since the time that ignores the so-called law to acquire, and not even pronounce on what would be the title here.

d) Article 703: Rightly said that may constitute or transferring ownership, and adds that are constitutive occupation, accession, and prescription, that provision refers to the degree that is needed just in case regular possession, and does not relate to the domain they operate as a title to own when for lack of requirements or other circumstances do not function as a mode of acquisition.

Tradition (Art. 670)

Mode of acquiring ownership of things, consisting of the delivery that the owner makes of them to another, with the former having the power and intention to transfer the domain, and the latter the ability and intent to purchase.

Tradition is made up of:

  • Delivery.
  • Intention to transfer the domain manifested through a title transferring ownership that serves as a precursor to the tradition.

Features

  1. Convention: Bilateral legal act. It does not create a contract because rights and obligations are not created, but rather lapse.
  2. Solemn: Requires for its perfection the delivery of the thing. Delivery is what differentiates the tradition of the same title.
    • Tradition of real estate is by registration in the Real Estate Registrar.
  3. Derivative Mode: Things are transferred from one estate to another; the customer derives its right from an ancestor.
    • If the transferor did not own the thing, neither will the customer. One cannot transfer more rights than they have.
  4. Singular and Universal: Specific things can be purchased, both as universal and legally.

Application

Through it, the voluntary exchange of goods made between people is made. Transferred:

a. Corporeal things: Movable or immovable.

b. Incorporeal things: Real or personal.

  • Art. 670 Inc. Final: Extends to real rights.
  • Art. 699: Tradition of personal rights is effected by the delivery of the title made by the transferor to the transferee.

Practically no property cannot be transferred by tradition.

Exception: Those under the title that serves as a precursor to the tradition cannot be transferred. For example, universal legally distinct from the inheritance.

Functions

  1. Mode to acquire ownership when the transferor was the owner of the thing transferred.
  2. Mode to extinguish the obligations of giving.

Both functions are developed in parallel. In the same tradition, different effects may follow depending on the perspective in analyzing.

Delivery and Tradition

Cases in which delivery is not tradition:

  • Lease.
  • Loan for use.
  • Usufruct.
  • Where delivery is made under a title of mere possession.

Delivery and tradition maintain a genus-species relationship. Every tradition is a delivery, but not every delivery is tradition.

Requirements and Elements

I. General:

a. Will free of vices.

b. Lawful object: It must be determined or ascertainable and lawful.

c. Lawful cause: There must be a lawful cause.

d. Formalities.

II. Individuals:

A. Free Will Vices:

1. Consent of the transferor and acquirer:

a. Parties: Two parties must attend and give their consent:

  • Transferor: A person who traditionally transfers the domain of the thing delivered.
  • Acquirer: Person who by tradition becomes the domain of the thing received by him.

b. Manifestation of Consent:

i. Personal or through representatives.

ii. Situation of Forced Sales:

  • Legal representation of the debtor by the court: Art. 671 Inc. 3° regulates the seizure and subsequent sale of assets of a debtor under the executive trial. It is impossible to have the consent of the debtor.
  • Requirements to operate legal representation:
    1. It must be a forced sale as part of a lawsuit or executive bankruptcy. Discard certain sales through justice such as the disabled; follow the rules.
    2. Sale completed at auction: One that takes place before the judge.
  • Basis of legal representation for the judge to bind any debtor aware that their goods are seized and auctioned off to pay his creditors, under general pledge rights established in Arts. 2465 ff., incorporated in the contracts.

iii. Exceeding the powers of the agent:

  • Tradition will be unenforceable to the principal (Art. 674).
  • The standard has made an error since the lack of sufficient powers does not entail the nullity of tradition, but its unenforceability to the principal.

Capacity:

Art. 670:

  • Transferor: Must have the ability and intent to purchase the domain.
  • Acquirer: Only the capacity and intent to purchase.

Both should be fully capable, or take action through their legal representatives or with their authorization.

The Civil Code raises an additional requirement:

  • Transferor: Requires having to dispose of the thing, other than general ability.
  • Acquirer: The Civil Code says it must be able, be enabled to acquire the specific thing in the context of the legal relationship which will verify the purchase. For example, a perfectly capable lawyer who cannot buy or acquire goods sold in the trials that have intervened.

Vices of Consent:

a. General Rules: Vices can suffer the parties or their representatives; in both cases, the same effect is followed:

Section 678: If the tradition is done through agents or legal representatives, the error invalidates their tradition.

b. Special rules regarding the error: For the tradition to be valid, there should be no mistake.

  1. Identity of the species to be delivered: Provides the essential error (Application of Section 1453).
  2. Contact whom delivery is made: There is an exception to general rules.
    • In the tradition, the error in the person itself vitiates the consent because the payment must be made to a creditor, or otherwise does not extinguish the obligation.
    • The Civil Code prevents the error in the name of the person from invalidating the tradition.
  3. Title: Art. 677 accepts 2 hypotheses:
    • A portion represents a title transferring ownership and other evidence of mere possession.
    • Both parties assume a title transferring ownership.

B. Object:

Tradition can be almost all kinds of things: movable and immovable, tangible, intangible, real, and personal.

The object must satisfy the general requirements:

  • Exist.
  • Determined or determinable.
  • Lawful.

Details of Illicit Object:

There are cases of illegal items that affect the sales or transfers to materialize through the tradition:

a. Illicit Object Art. 1464:

  • Things that are not commercially.
  • Transferable rights.
  • Things seized by judicial decree unless the judge authorizes or creditor consents.
  • Species in question without permission of the court hearing the dispute.

b. Legal universalities, with the exception of inheritance, cannot be alienated because they are an attribute of personality.

Methods of Tradition:

a. General Rules: Be subject to a term or condition that verification of delivery of the thing, mastering it is not understood yet transferred, but by the fulfillment of a condition or for that term.

  • Condition or suspension period: It does not transfer ownership until it is verified the fact from which hangs the condition.
  • Condition term adjudication and extinct: Property is liable to be lost if the act occurs which depends the future of the condition.

Arrangements are limited to effects, not the fact of delivery. Prior to their delivery, one cannot yet speak of tradition, nor less than rules embedded in it.

Where delivery is subject to conditions, they are incorporated into the title and affect the obligation of a party to carry out the tradition.

b. Exception: Retention of title on sale:

Asking the question:

  • Art. 680 Inc. 2°: Verification of delivery by the seller, transferring the ownership of the thing sold, though no price has been paid, unless the seller has reserved the domain until payment, or until the fulfillment of a condition.
  • Art. 1874: Has the effect of transferring the domain traditionally made in pursuance of a sale, always occurs even if the seller has reserved the domain until payment of the price and despite the provisions of Section 680 Inc. 2°.
  • The discussion is only about the sale of other securities not involving transfer.
  • Guarantee for the seller because it retains ownership of the thing until you pay the price.
  • Risk to the buyer as seller can be real on rights in the thing as not paying the price.

History in the Civil Code: 3 stages:

  • Original Project: Backup domain was an element of the nature of tradition.
  • Revised text: Legislator left the reserve system as an element of nature and consecrated him only as an accidental.
  • Later: Section 1874 incorporates the intention to abandon this system, but as Article 680 remains, the contradiction is generated.

Solution of the doctrine: It gives more importance to Section 1874 because it is special and is in the title of the sale (Principle of Specialty).

Practical solution: Retention of title has little or no practical application.

  • Leasing Contracts: Lease with promise of sale by paying the last installment.

C. Cause: Title transferring ownership:

Tradition requires a cause for its validity. There being no title or is null, so is tradition.

The cause of tradition is given by the title background, which must be transferring ownership.

Transferring ownership titles: They serve to transfer:

  • Sales.
  • Swapping.
  • Donation.
  • Contributed to a company owned.
  • Mutual.
  • Quasi-usufruct or usufruct of fungible things.
  • Transaction when an object falls on uncontested.
  • In lieu of payment: This is the same payment of an obligation, but something else; the title is actually the antecedent of the payment in kind.
  • Renewal: A new requirement arises, this being the title, but not the renewal. None of delivery under a novation, but under the new requirement originated in the novation.

D. Formalities:

Tradition is a solemn act not only improves the consent, requiring the delivery of the thing, either material or fictitious.

The Civil Code looked at different ceremonies depending on the property on which it rests. Distinguish between:

  • Tradition of rights in movable tangible property.
  • Tradition of rights on tangible real estate.
  • Tradition of real estate rights.
  • Tradition of personal rights.

1. Tradition of rights in movable tangible property:

A. General Forms: Art. 684: Tradition on movables must be verified by the following means:

  • Allowing the apprehension of the thing this material (684 N° 1).
  • Showing it (684 N° 2).
  • Handing the keys to the barn, storehouse, chest, or any place where the thing is saved (684 N° 3).
  • Operational responsibility of putting one thing available to the other instead agreed (684 N° 4).
  • Sale, gift, or other disposition conferred the title of which is movable thing as beneficial owner, lessee, bailee, depositary, or any other domain does not transfer title (684 N° 5): It operates when the sole holder becomes the owner of it.
    • Tradition is represented by the delivery under which the purchaser became mere fork, avoiding unnecessary detours.
  • By the simple contract in which the owner is in usufructuary, borrower, tenant, etc. (684 N° 5): which owned the thing becomes a mere holder of it.

B. A special form of furniture in anticipation:

  • Art. 571: Furniture in anticipation of buildings by nature, by bond or destination that the effect they constitute a right for third parties, are considered furniture before their separation.
  • Art. 685: Tradition is verified at the time of separation to access property.

Issues arising from traditional forms of rights on movables:

1. Is Art. 684 exhaustive?

Negative Thesis: The Court says no because the tradition is carried out in any way mean that the trident was the purchaser to transfer the domain.

Affirmative Theses:

a. Interpretation grammatical because he says one of the following means and not others.

b. Sub-acquisitions of forms should be applicable to the reservation to which they are subject under the Constitution.

c. In any of the other traditional forms of the Civil Code has allowed the autonomy of the parties.

d. Art. 723 refers to the apprehension of the material from which we can infer that it refers to some of the ways notional.

e. Any interpretation must be in line with the separate title-way system based transfer of ownership. If we extend the traditional way of doing so, it confuses the title.

2. What are the real and fictitious forms of Section 684?

Real form: It involves the physical delivery of the thing.

Tacit form: Assume the delivery by a legal fiction.

He has more academic than practical relevance for resolving the dispute which form of tradition. Be preferred if the thing has been delivered to more than one person.

3. Do they have the same value?

The problem is solved for the sale by Art. 1817, which says it should be preferred to whom delivery has been done first.

Other forms of tradition established by law:

  • Article 148 of the Commercial Code: Shipment of the goods by the seller to the buyer to your home or another agreed location.
  • Section 149 of the Commercial Code means tradition made by:
    • Goods in Transit: Knowledge delivery, transport document, or invoice.
    • Goods: The buyer establishes its brand, with the consent of the seller.
    • Any other means authorized by the constant use of trade.

2. Tradition of rights on tangible real estate:

General rule: It is based on a registration system. Publicity is given to the transfer of ownership of property, thereby facilitating the movement of products and territorial secured credit.

Art. 686:

  • Key 1: Tradition is carried out by the inscription on the title in the Conservative record.
  • Inc. 2nd: Tradition of usufruct or use in real estate, the room or rights of Census and Mortgage.
  • Inc. 3rd: Tradition of the mines, the transfer is by order of the court.

Exceptions:

  1. Tradition of real rights of easement deed is done where the trident hopes of organizing it and the purchaser to accept.
  2. Tradition of real estate rights is by some of the forms provided for movables.

Overview of records:

Registration: Book they are booked legal mutations affecting a particular property.

Types of records:

1. Personal: Organized under the names of the persons affected by the entries made therein. They are performed in chronological order as they are being solicited.

2. Real: Organized according to the property on which are recorded the acts that affect them. Each well is singled out in an initial folio, adding legal mutations suffer.

Transcripts and Registration:

Annotations can include:

  • Registration: Summaries or extracts of the act.
  • Transcriptions: Full copies of the acts.

Legal System:

Annotations absolutely guarantee the effectiveness of the acts of that account. If the act which caused the entry is invalid, the registration or transcript holds, emerging only to compensate the affected accordingly.

Chilean System:

Regulatory bodies in which it is regulated:

a. Civil Code Arts. 686 and ff.

b. Regulation of the Real Estate Conservatory.

c. Organic Code of Courts, organic level only.

Enrollment Functions:

a. Solemnity of the tradition of real estate rights in tangible assets, except as noted.

b. They are a test requirement and a guarantee of real estate ownership.

c. They give landed property advertising, allowing advertising in their history and charges that affect it.

Features:

a. Personal: Annotations are time-and according to the parties involved in the acts which gave rise to them.

b. It works by minutes.

c. Legality attenuated derivative of 2 aspects:

  • Inscription does not establish dominance, but only possession. Conservative has no legal powers to take for accredited domain.
  • Inscription not independent of the title; the ineffectiveness of the title is reported to the registration. The invalidity of the registered title is transferred to the inscription, which is tradition.

d. Public: Anyone can view them at the same office and take the notes he sees fit. Conservative is required to give certified copies to be asked about what is recorded or not in their records.

Certificates:

  1. Certificate of having registered a title: The title is stamped on it to be returned.
  2. Certificate of mortgage and taxes: Taxes realizes that affect a particular property.
  3. Certificate of current domain: It says that you own, but the last to register. Test only possession.
  4. Certificate to dispose ban by ban.
  5. Certificate of legal prohibitions.

Of Real Estate:

They are conservative faith ministers responsible for conservatories in real estate records, corporate, mining, corporate shareholders proper mining, canal associations, pledge agricultural, garment industry, especially garment and others assigned to it laws.

Number Conservatives:

General rule:

  • Many conservatives as communes or group of communes that constitute territory for an individual judge.
  • In territories where there is only a notary can also hold the office of Conservative.

Special cases: Exceptions:

  • 1 conservative for the communities of Valparaiso in Valparaiso and Juan Fernandez.
  • 1 conservative for Viña del Mar.
  • Territorial jurisdiction of the Court of Appeals of Santiago, 1 record of the Santiago conservatory which consists of a single job performed by 3 staff:
    • Property Registrar.
    • Mortgage Registrar.
    • Registrar of Bans and prohibit the transfer.

Disclaimer:

Conservative is criminally responsible officials and civil.

Books bearing the Registrar of Real Estate:

1. Constituting the record books:

a. Property Registry: Registering the transfer of ownership, transfer, transfers, and acquisitions of property by prescription.

b. Registry Mortgage and Taxes: Registering mortgages, surveys, right of usufruct, use and habitation, trusts, easements, and other similar charges.

c. Registry interdiction and prohibit the transfer: They are included bans and any impediment or prohibition relating to buildings, conventional, legal or judicial, which limits the free exercise of alienation.

2. Ancillary or complementary Books:

a. Repertory: Titles are recorded which are submitted under a general set of numbers following the order of presentation of diplomas.

The inscriptions are made in the registers take effect from the date of its entry in the code.

b. General Index: They are written in alphabetical order the names of the grantors, surname and name of the field of registration, and forms as to be making entries in the partial records.

Occupation (Articles 606 to 642)

Mode of acquiring ownership of movable tangible property not belonging to anyone, through the apprehension of these materials, accompanied by the intention of acquiring, assuming that the acquisition of these things is not prohibited by law or by international law.

Requirements:

  1. The thing should not belong to anyone.
    • Never were owner (res nullius): Wild animals.
    • Had an owner and have stopped having one for having long remained hidden or because he voluntarily left their owner (res derelictae) domesticated animals that recover their freedom.

Occupation can only be acquired by the movable tangible property because the property owner have not belong to the Treasury and are not material warrants.

If the arrest with the intention of acquiring the thing which is imposed on owner occupation will come into possession of the thing (it works as a title) and get to acquire ownership by prescription after a while.

2 .- Acquisition is not prohibited by Chilean law or international law.

3 .- Seizure material thing must be with the intention of acquiring it.
Elements: (copulative)
ØAprehensión material: it is material and real or de facto
? Alleged: no apprehension material fact, but the individual performs actions that demonstrate its intent to acquire the thing.
? Real: guy takes the thing
ØÁnimo of acquiring ownership: intentional

Occupation Classes
1 .- Things animated (Art. 607)
Oopera through the Hunting and Fishing
Oarte. 608A classifies things animate
§ BRAVIA: live naturally free and independent of man. Ex Wild Animal and fish
§ Domestic: ordinarily live under man’s dependence. Ex Chickens and sheep
§ Domesticados: stormy by nature have come to recognize certain domesticity and empire of man. While under the hand of man still rules the household, but stormy again.

Oarte. 609 and 610A rules on hunting:
§ You can hunt on their own land
§ can not hunt on foreign soil, except by permission of the owner or which is not fenced, planted or cultivated. But you can not do under any circumstances if the owner expressly forbids or notifies through:
oPersonalmente
oAvisos in newspapers
oCarteles placed at the entrances to campus
§ If hunting on lands of another without permission of the owner when it is required to obtain plants 2 hypotheses:
? It is hunted for the landowner.
? Hunter shall indemnify the owner all damages.
Oarte. 611A special legislation on fisheries.
Oarte. 612A allows fishermen for limited use of beaches and sea.
Oarte. 613a authorized to use the land adjacent to the beaches, up to 8 meters without touching the existing buildings, or traversing fences, trees, crops or crops.
Oarte. 614A establishes limitations on owners of land adjacent to the beach in the area of 8 meters: they must leave enough to work stretches of fishermen.
Oarte. 615à prohibited from fishing in rivers and lakes using buildings, crops and existing fences on the banks.
Oarte. 616A applies the rules for fishing in foreign waters, the rules on hunting 610.
Oarte. 617à the hunter or fisherman seizes the fierce animal and makes it his own from:
§ That the gravely wounded and not easy to escape and as long as you continue to pursue.
§ Animal fell into their traps and nets, provided they are lawful armed instead.
Oarte. 618àcazador or fisherman can not pursue a fierce animal that already chasing another hunter.
Oarte. 622A these activities are subject to special regulations and will not be hunting or fishing in places and seasons and weapons that are banned or procedures.

2 .- Things inanimate
a. – Invention and Discovery (Art. 624): type of occupation for which that is an inanimate thing that belongs to no one, gets its domain, seizing it

Requirements:
i. – inanimate
ii .- res nullius or res things derelictae
iii. which is the thing, take possession of it. Otherwise there is no intention of acquiring ownership.

Things capable of Invention and Discovery:
i.cosas not belong to anybody, that no signs of previous domain.

Oarte. 624A For derelictae res a thing (never did master), it must be manifest intent of the owner to give up his domain.

General rule: resignations and encouragement of donation and presumed in cases of doubt, we conclude that the owner did not intend to leave the matter to be considered as a species apparently lost. It is a legal presumption.

b. – Discovery of Treasury (Section 625): Coins, jewelry or other precious effects that man-made have long been buried or hidden with no memory or evidence of their own

Requirements:
i.cosas furniture
ii.monedas, jewelry or other valuables
man-made iii.objetos
iv.objetos have been buried or hidden for a long time
v.que no memory or evidence of the owner of the treasure, otherwise res will derelictae

Allocation Domain
The domain treasure acquired by the mere fact of discovery, though not the discoverer seized him. Law does not require a real and effective apprehension, only alleged.

To find out who owns the treasure must be distinguished:
OSi has discovered the owner of the land: he owns the entire treasure, half as an owner and the other half by way of discovery. It is not enough to be a usufructuary

OSi did a stranger to be distinguished in turn:
• If the discovery was accidental or the result of inquiries made by permission of the owner: the treasure is divided into equal parts between the finder and the owner of the land (art. 626, 1st and 2nd).

• If the discovery was the result of investigations carried out against the will of the owner, all the treasure belongs to the owner of the land (art. 626, 3rd)

To qualify as treasure no matter the fact whether the discovery is fortuitous or not fate or chance of discovery is significant only in the attribution of the treasury, to determine who belongs.

Section 627A refers to anyone to ask permission to dig in foreign soil, to remove jewelry or money to ensure belong and be hidden in it. To do this:
i.Debe mark the spot where they are hidden;
ii.Debe competent to prove his confidence that the right species and
competent iii.Debe give assurance that any damages paid to the owner.

Art 628àCaso that proved right on the money or jewelry. Species will be considered:
Obie lost
ØTesoro found on neighboring soil: after deducting costs, shall be divided equally between the informer and the owner of the land.

c. – Capture Bélica (Art. 640 to 642): Dispossession of property of the vanquished in favor of the victor. It is called the capture of booty movable in land warfare and prey capture ships and goods at sea

Allocation Domain
Assets acquired by capture of war belong to the state (art. 640). Individuals can not acquire ownership of the assets of enemy nations, neutral or less allied.

International law states that not only the lives of citizens must be respected, but also private property. Therefore:
Oguerre land: they can only be capturing the properties of E ° enemy, not private.
Oguerre sea: it has withdrawn the inviolability of private property. Belligerents have the right to seize prey to enemy merchant ships and goods, and even neutral, under certain circumstances.

Currently, the dam right is exercised by warships or auxiliary cruisers, only States may exercise that right.

Arts. 641 and 642a refer to the prizes taken by bandits, pirates or rebels, by individuals of a E ° belligerent. Not acquire the domain and anyone can recover them for making them available to its owner.
Ö dammed must restore the species to their owners, but they are entitled to pay the price they rescue.

OSi not contained their owners to claim them, proceed as in the case of lost things, but will have a repressive month from the date of last notice, the same rights as if they had seized in war from nation to nation.

Law does not fully assimilated the dammed things lost things, because the dams are rights other than rights that have the person who finds a lost asset.

3 .- Species furniture and species apparently lost shipwrecks
In principle, are not subject to occupation, because they areres nullius or res derelictae. But as the owner of these species is unknown and it may not be present to claim them, the law has established that after performing the necessary steps to find out who the owner:
§ If there is
§ It does not assert their rights can be acquired in such things as the law itself indicates.

Not to be confused:
Species apparently missed: these are things for which its owner has not manifested in any way seeking to discard the domain that has on them: the separation of things is involuntary.

R is derelictae: are things that he voluntarily left his master to endorse that the first occupant

Arts. 629th to 639th state that if no warnings issued after the owner comes to claim the species, they are auctioned and the proceeds of the auction shall be shared equally between the found and the respective municipality (in the case of species to apparently lost), or between the found and the respective area hospital (in the case of shipwrecked species).

Arts. 629 to 639 are supplemented or modified by numerous special provisions, particularly the field of Administrative Law:
Supreme Decree No. 2385 on Income Municipalesà sets out that the equities of the municipalities is the price of the species found.
§ The deadline for claiming the species found will be one month from the date on which they have come to power in the municipality.
§ If within 6 months from the date of the auction’s owner as claimed on the species lost, the municipality is obliged to deliver the value that has obtained at the sale, less expenses.


ACCESSION
(Articles 643 to 669)

How to acquire everything that one thing causes or is coupled to it, either naturally or artificially.

à only comes in the tangible.

Species Accession:
1 .- Discrete: Production of fruit or accession. Derives from the same body through the birth or production. It manifests itself in the generation of products and fruits.

2 .- Continuous: by binding or proper. Results from the aggregation of 2 or more different things after joining, forming an indivisible whole.
§ Mobiliaria
§ Real Estate
§ Natural
§ Artificial
§ Mixed

Legal Nature:
Problem is whether the accession is:
§ Truly a way to purchase and creates a new legal relationship
§ It is merely an option or domain extension, which creates nothing new but simply extends the same legal relationship of the property.

Theories put forward:
1 .- All accession, continuous or discrete, is a way to purchase. Our CC is this view in the Art 643:
§ of what it produces (accession discrete)
§ or what it collects (accession continued)

2 .- All accession is merely an option or extension of the domain.
§ Discrete: the existing domain, the mother of the thing, it expands and extends to the fruits it produces.
§ Continuing: while acquiring a new property does, prevails also the extensive aspect of the existing property, according to the following reasons:
The purchaser per accession, acquires as a result of the domain that was about something else
The incidental thing loses its individuality by joining the main
The incidental acquisition of the thing does not depend on a new title but is the same title to the main thing which is incidental to the subjects the right of the same person.

3 .- Solution eclectic
§ Accession Continuous mode is a real gain. One thing loses its existence by identifying with other
§ Accession discreet: it is a simple domain power, the exercise of the power of enjoyment. It is therefore unnecessary to invoke a mode of acquiring title and again to justify ownership of the fruits and products. A new thing, the product or fruit acquires its own existence to separate or stand out from the mother thing.

Doctrine majority objects to the inclusion of accession between the modes of acquisition, because it does not address the will of the alleged purchaser, which appears as fundamental in other modes of acquiring.

In D ° compared, accession is generally not regulated as a way to acquire, but as a consequence of property rights.

à Accession is a native way to acquire, because things have not incidental owner or, if you have, the principal owner of the thing becomes the thing not incidental consequence of a transfer to the landlord to do.
Usufruct and mortgage: extend to the farm experience increases, this also proves that the domain to be acquired by accession, is but a consequence of the rule that one has on the main thing, if it were not, the mortgage and usufruct could not be extended to these increases, because the agreement or contract giving rise to such real rights not included.

Rating:
1 .- Accession fruit: way to acquire what the thing produces.

àMientras the fruits remain attached to the thing that produces no accession, because they are part of the thing itself.
aA utility is obtained by separating the fruits of the thing that produces them, and from the moment they are separated, have longer possible accession, cease to have accretion or increase the main thing.

Fruits and products:
Section 643A of the things the products are natural or civil fruits. Provision confused and fruit products.
§ Fruits: those things that would regularly and without significant alteration in its substance, produces nothing.
§ Goods: things that would be derived from the mother thing, but with reduced frequency or the substance of the latter.

Common features:
§ The incidental nature and usefulness, they represent an economic interest not principal.

Differences:
§ Frequency
§ Altered or decreased sensitivity of the substance of the main thing

aA distinction is not important in the case of the owner, always cover your domain for one another.
thus has important when trying to establish rights for third parties, other than the owner of the main thing.
§ General rule: only grants the right to enjoy the fruits

Types of fruit:
Natural (644) are given by nature, aided or not human industry.
§ Properly such: the spontaneously produced by something
§ Industry: those who produce something with the aid of human industry.

In terms of Section 645 state the distinction between fruits:
§ Pending while still adhering to the thing that is irrelevant to produceclasificación
§ Earned: those who have been separated from the thing productivael owner, then on 3rd party because only
§ Consumed: when they are consumed or materially enajenadose make owners of the fruit.

Civil (643) equivalent utility that the owner of a thing gets to a 3rd grant the use and enjoyment of it. They represent the fruits that would have earned if it had exploded the thing personally. They are not produced by the thing itself, are produced on the occasion of the thing.
§ Earrings: while it must
§ Earned: from paid
§ Earned: it has acquired rights to them under any title

Mastery of the fruits:
General rule: The fruits belong to the owner of the thing that produced by the mere fact of its production.

Exception: the fruits belong to a 3rd by:
§ provision expresses the law: the legal usufruct and the possessor in good faith that embraces the fruit.
§ For a voluntary act on the owner: lease, usufruct conventional antichresis.

Rules concerning the fruits:
In the quiet heritage of married women in marital, Article 150
In the case of usufruct, articles 764 and following
On the right of use and habitation, Article 819
In mutual benefit, Article 907
In conditional testamentary assignments, article 1078
In the partition, 1338 Issue 3 items and 1339
In the conjugal partnership, Article 1725
In the regime of participation in acquisitions, Article 1792-9
In the sale, articles 1816, 1885
In the lease, section 1983
In antichresis, Articles 2435 et seq.

2 .- Continuous Accession: This occurs when two or more things to different owners, so that once united, constitute an indivisible whole.

Under the principle that the accessory, the principal owner of the thing becomes the owner of the accessory thing. The union may be:
§ Work of Nature
§ Work of Man
? Accession means of acquiring it, because the owner of the thing becomes principal owner of the accessory precisely the effect of accession.

Rating:
a. – Accession of Property – Property
§ Flurry
§ Avulsion
§ Change of riverbed
§ Training of New Island

b. – Accession Furniture – Real Estate
c. – Accession Furniture – Furniture
§ adjunction
§ Specification
§ Mixed

a. – Accession of Buildings – Buildings

1 .- Flurry (649 – 651): alluvial soil is formed by sediment that the water is deposited, causing it to slowly go away from their former bank, the withdrawal of water must be slow and imperceptible and final

Requirements:
§ Withdrawal of water is slow and imperceptible. If it is violent, could be changing the course of a river or new island or retreat of the sea.
§ That the waters have been withdrawn fully and finally, because if the ground is alternately occupied and unoccupied by them is part of the riverbed or sea.

Floodplain Domain:
General rule: it belongs to riparian owners, established as a compensation for the risk they run by being adjacent to the water.

Exceptionally: belong to the E °-enabled ports, which features the work necessary to secure and expedite the task of loading and unloading of goods and the loading and unloading them.

Allocation Domain
To determine the limits of the floodplain of access to each property, extend the respective demarcation lines directly into the water. But it may happen that long these lines intersect each other before reaching the water.

2 .- Avulsion (652): the increase of a property, by the action of an avenue or other violent natural force, which carries a portion of the soil of an estate to estate of another person

à Owner of the property to which it is drawn on foreign turf, it also acquires the same occurrence of the incident immediately, but only after one year, provided the homeowner does not take the earthmoving works to back.

Special Situation: Flooding of a property.
§ If the land is restored by the waters within 5 years subsiguientesà domain returns to its former owner
§ If you go 5 years without water are withdrawn and returned the land, the owner loses its dominance in final form, and if the ground is uncovered later, he applied the rules of accession by flood

§ If only he possessed, during the time the property was flooded occurs suspension point of the period of possession to prescribe, because it was impossible to exercise acts of possession during that period.

3 .- Change of riverbed (654 and 655):
Hypothesis:
Orio changes its course, slaughtering one of the banks, leaving the other permanently dry: the part that is uncovered, access to riparian owners, as in the case of flood.

Orio channel varies entirely: to attribute the dominance of the land that is uncovered, draw a longitudinal line that divides the left channel in two equal parts, and each of them agrees to the contiguous tenements, within their respective lines of demarcation .

? In both cases, the riparian owners are entitled to do the work required to return the river to its old bed, with permission of the competent authority (municipal authority).

Orio is divided into two arms that come back together: Section 655 applies the rules of the previous cases.


4 .- Formation of New Island (656):
Requirements
1.What forming islands on rivers and lakes that are not navigable for vessels over 100 tons (art. 597).
2.What the island to form a final

Domain Allocation(3 positions)
1 .- The island is formed by opening the river into two branches that then join together again: no change the previous dominance of the lands included in the new island.
ØPuede happen that result from the formation of the island remains a part of the dry bed of the river, this area will access adjacent properties, as in the case of flood.
Ø This case falls within the changing course of a river, but the legislature expressly devoted this rule to avoid bare ground to believe that belongs to the owner of the land invaded by water, by a sort of compensation.

2 .- The island is formed in the bed of the river to determine who owns the island should be considered 3 situations:
§ If the island is closer to one of the banks, will access the properties of that bank, within their respective lines of demarcation.
We will have to draw an imaginary line on the river, which divides into two equal portions, being necessary to the whole island in all its contours, is inside the space between one of the banks and the imaginary line, it should not cut the island.

§ If the island is closer to one of the banks: the properties of both banks are entitled to the island, within their respective lines of demarcation extended directly to the water and on the surface of the island.
The portions at the continuation of these lines for two or more estates are divided equally between them.

§ Island is formed in a lake: the problem of determining who owns the island where none of the two estates is at the required distance for a stake in her division.
? Some think that the island community belongs to all riparian owners
? Others argue that the island belongs to the state, because none of the riparian owners met the conditions required by law to have input into the island, would then be applied to art. 590.