Property Rights: Acquisition, Protection, and Legal Actions
XLIX – Find
Art 615 CC: He who finds a piece of furniture, presumably lost, must restore it to its former owner. If he is not known, it shall be immediately held by the mayor of the town where he had verified the find.
Duties of Finder
- Deliver the thing immediately
- – Commits theft who, being a thing lost, not the delivery person proceeds, but that is appropriated with the intent of profit. Art. 514 CP
- If I knew who he is, which is required to possess
- If you know, the mayor of the village where they had verified the find.
- While not surrender, keep it with the diligence of a good father of the familia.
Rights of Finder
- Receiving, prize money, which had promised the owner of the thing, or if you prefer, set by law, that is one tenth the price that is worth anything if it does not exceed the 2000 pts, and excess the twentieth.
- Be compensated for the costs and damages caused to it and found the thing delivered.
- Acquire found what if after two years from the day of the second publication, without having presented the owner.
L – TREASURE
Art 352 CC: Treasury is one thing: Furniture (or set of them) “Precious,” Ignored, whose property can not be ascertained.
Legal System
The treasury system, while it is not discovered and occupied, no owner, and once it is passed the property.
- Proindivisos, who accidentally discovered and occupied, and the owner of the land (or movable property) in which he stood. So if someone finds out on home soil, it belongs in its entirety. If it is discovered by chance, your property is attributed by stakeholders has been set, and in another case, belongs entirely to the owner to the landowner that is present.
PROTECTION
Protective Action
The protection of property rights is performed using different actions depending on the type of disturbance in question, or look to be that such protection.
ACTION CLAIMING
Tends that the thing would be returned to its owner by the possessor improperly. Compete, therefore, the owner is entitled to possess it, against the holder who has no action claiming él.La sought:
- To be declared the property right of whoever stands
- That, therefore, be restored to him that one thing about a successful recae.
Requirements
- Certifying that the applicant is actually owned
- It is shown claimed that the thing is precisely that upon which rests the domain
- That the defendant has no right to it against the test demandante
Proof of Owning Domain
Falls to reivindicante alega.Si is the plaintiff who originally bought the domain, we sufficient to demonstrate the fact purchasing (xe occupation). If your purchase was derived, to show that actually purchased, must prove not only the instrument which acquired the property but also corresponded to their evidentiary transmitente.Medios
– The test domain can be obtained in any way be demonstrated that the former corresponds to reivindicante. So, there’s no need at all, which is realized by the document.
ACTION NEGATORIA
Concept name (so named because the owner denied the right to another claims to have), tends to declare that things are not really subject the right ella.Ejercicio exercises over another – it is for the owner, but does not hold the thing, and requires:
- ß That the warrant be brought to the owner of the thing he claims to be free of charge denied.
- Compete just the owner bring the negatoria action.
- It is proved that the defendant disturbance has occurred in the enjoyment of their right to dominio.
The applicant has failed to prove the nonexistence of the right being challenged because, as the property is free to presume otherwise stating, is the defendant who has to prove the existence of the right discutido.Efectos
- To stop the disturbance and prevent future ones.
- Obtain compensation for damages.
FARM ENCLOSURE ACTION
Art Farm Enclosure 388 CC: Any owner may close or fence off their fields through walls, ditches, hedges or dead, or otherwise, subject to easements established on them.