Legal Glossary
Comprehensive A-Z Terms for Legal Concepts
A
Access Prohibited (Art. 1216)
An owner’s right to bar third parties from entering their land.
Accession (Art. 1170)
Ownership of natural increases or fruits (e.g., periodical products or usage-derived benefits) from a thing.
Accessories (Art. 1135, 1136)
Items permanently destined for the use of a thing by its possessor or owner.
Actions by Usufructuary (Art. 1341)
Can claim the thing and pursue possession-related actions.
Administration by Majority (Art. 1265)
Decisions on administration require a majority vote of owners holding a majority share.
Agreement for Perpetual Ownership (Art. 1277)
Requires a unanimous agreement on rights, duties, and administration, or court-set terms if not agreed.
Agreement Prohibiting Division (Art. 1274)
Division can be barred by agreement for up to five years; longer or indefinite terms expire after five.
Alienation (Art. 1389, 1398, 1416(1), 1418(1))
The act of transferring ownership or usufruct of a thing (e.g., land) to another party, triggering potential rights of recovery. Also, the transfer of ownership or rights over a thing, restricted under a promise of sale but permitted with conditions under a right of pre-emption.
Amount of Compensation (Art. 1240)
Set equitably, considering land value loss, downstream benefits, and good-faith works halted without objection.
Antiques (Art. 1160)
Items subject to special laws or regulations on archaeological excavations, unaffected by general ownership rules.
Appeal Against Decisions (Art. 1297)
Owners can challenge illegal or non-consensual decisions in court within one month; rulings bind all.
Applicable Usufruct Rules (Art. 1358)
General usufruct provisions supplement this section.
Appropriation of Water (Art. 1229)
Water becomes private property when collected in a man-made, non-flowing reservoir.
Aqueduct (Art. 1252)
Courts can allow water transport across others’ land for domestic/irrigation use, with pre-paid compensation.
Arbitration Provision (Art. 1275)
Disputes can be settled by arbitrators per the originating act or agreement, following Art. 3307-3346.
Assignment (Art. 1428(1))
The transfer of ownership or rights over a thing, which can be prohibited or conditioned by the original owner of an immovable.
Attachment (Art. 1417, 1421)
The legal seizure of a thing (e.g., by a creditor), requiring the owner to notify the beneficiary of a promise of sale or pre-emption, with the risk of losing the right if not exercised before an auction.
Auction (Art. 1417(2), 1421(1))
A public sale of attached property, marking the deadline for exercising a promise of sale or pre-emption right.
B
Beneficiaries (Art. 1354)
Includes the occupant, their spouse, direct relatives, and servants unless otherwise limited.
Binding Nature of Agreement (Art. 1287)
Binds joint owners, heirs, and creditors, deposited or not.
Binding Restrictions (Art. 1227)
Ownership restrictions apply without registration and cannot be waived or altered by agreement.
Boundary Marks (Art. 1208)
The obligation of a landowner to assist a neighbor in ascertaining uncertain boundaries when required.
Buildings Against Will (Art. 1178)
Buildings erected against the landowner’s will grant no rights; the landowner can evict or demand demolition without compensation.
Buildings and Plantations (Art. 1213)
An owner’s right to construct buildings or plant on their land as desired.
Buildings Without Objection (Art. 1179)
Buildings erected without objection belong to the builder, but the landowner can evict with compensation or allow demolition.
C
Capital from Credit/Right (Art. 1350)
Satisfied credits/rights aren’t paid to the usufructuary without owner consent; deposits discharge debts if contested.
Cessation of Accessory Character (Art. 1139)
The owner can end an item’s status as an accessory, though third-party rights based on prior dealings remain unaffected.
Change of Title (Art. 1147)
A person who begins possessing for another is presumed a mere holder unless proven otherwise; proof requires more than a change in intention.
Charges for Joint Parts (Art. 1292)
Maintenance and administration costs are shared based on share value.
Community Use of Water (Art. 1228)
The community has priority over running and still water, controlled by competent authorities.
Compensation for Aqueduct (Art. 1254)
Affected owners receive compensation based on land loss and inconvenience.
Compensation for Buildings (Art. 1180)
Fixed by compromise/arbitration rules, reduced by three-quarters if the builder knew they lacked rights.
Compensation for Irrigation Restriction (Art. 1239)
Upstream owners get compensation if irrigation bans impair land use.
Compensation for Plantations (Art. 1177)
Half the value of 10 years’ profits or future value, depending on tree purpose, starting from the landowner’s intent to end joint ownership.
Compensation for Redemption (Art. 1384)
Set by the court considering creation date, value changes to both tenements, and other circumstances.
Compensation for Water Works (Art. 1250)
Neighbors get compensation for permanent land loss or undue inconvenience from water works.
Condition of Thing (Art. 1325)
The usufructuary takes the thing as found, with no owner obligation to repair.
Consumable Things (Art. 1327)
For consumables, the usufructuary becomes owner but must repay their initial value at usufruct’s end.
Constructive Possession (Art. 1145)
Possession transfers when the person with actual control declares they hold it for a new possessor; creditors’ rights in bankruptcy remain unaffected.
Context (Art. 1431)
Prevents indefinite restrictions on property disposal.
Corporeal Chattel (Art. 1426)
A tangible movable item (e.g., goods) whose assignment or attachment can be restricted by agreement, but only binds those who accept it unless law permits otherwise.
Corporeal Chattel Transfer (Art. 1186)
Effective upon possession, subject to special laws.
Corporeal Chattels (Art. 1127)
Things with material existence that can be moved.
Costs of Joint Ownership (Art. 1267)
Joint owners share administration, taxes, and other charges proportional to their shares.
Court Authorization (Art. 1433, 1434)
Judicial power to override prohibitions on attachment (e.g., for alimony or criminal claims) or assignment (if in the owner’s interest), unless expressly excluded.
Court Jurisdiction (Art. 1241)
Water disputes are settled by the court where the affected immovable is located.
Court Power (Art. 1231)
Courts resolve water disputes by balancing interests, with compensation for ownership infringements unless otherwise provided.
Court Power (Division/Sale) (Art. 1273)
Courts can delay division/sale up to two years and appoint an administrator if timing is inappropriate.
Creditors of Syndicate (Art. 1308)
Debts from syndicate decisions are secured by the entire building unless owners/manager personally commit other property.
Crops Against Will (Art. 1172)
Crops sown against the landowner’s express will belong entirely to the landowner, with no rights for the sower.
Crops Without Objection (Art. 1173)
Crops sown without objection allow the sower to reap; division varies by sower’s belief (one-quarter to sower if in good faith, none if knowing unauthorized).
Currency and Securities (Art. 1167)
Currency or bearer securities cannot be reclaimed from a good-faith acquirer or third party.
D
Declaration (Art. 1400–1404)
A formal statement by a beneficiary expressing intent to exercise the right of recovery, subject to time limits and procedural rules.
Decision Not to Rebuild (Art. 1307)
Building (including private parts) is auctioned, proceeds split by share, with liability adjustments.
Decision to Rebuild (Art. 1306)
Costs are shared proportionally; damage attribution to an owner affects liability.
Demand for Right of Way (Art. 1222)
Right of way is demanded from the most reasonable neighbor, considering land positions and needs.
Deposit of Agreement (Art. 1284)
A copy must be filed with a notary or court registry, accessible to interested parties.
Division of Dominant Tenement (Art. 1377)
After division, each new parcel retains the servitude without increasing the burden; unused servitudes can be struck from the register.
Division of Immovable (Art. 1272)
Any joint owner can request division of an immovable, unless it harms its value/purpose, leading to auction instead.
Division of Servient Tenement (Art. 1378)
The servitude persists on each new parcel unless impractical, allowing removal from the register for unaffected parts.
Documents Representing the Thing (Art. 1144)
Possession can be transferred via delivery of documents enabling disposal of the thing; actual possession trumps document holders unless bad faith is proven.
Domestic Use (Neighbor) (Art. 1233)
Excess water must be shared with neighbors for indispensable domestic use if they lack affordable alternatives.
Domestic Use (Owner) (Art. 1232)
A landowner can use water on or near their land for personal, household, and cattle needs.
Drainage (Art. 1247)
Lower landowners accept drainage water without compensation; upper owners minimize damage, and pipes may be required near buildings.
Drawing Up Agreement (Art. 1285)
Can be made pre-construction by prospective owners or post-construction by the syndicate, with court intervention if no consensus.
Dubious Possession (Art. 1146)
Possession where it’s unclear if the possessor holds the thing for themselves or another, giving rise to no rights.
Duty to Inform (Art. 1342)
Must report usurpation/interference to the owner, liable for damages if failing to do so.
Duties of Dominant Owner (Art. 1375)
Must minimize inconvenience to the servient owner and avoid increasing the servitude’s burden through alterations.
Duties of Landowners Below (Art. 1246)
Lower landowners must accept natural water flow from above, without blocking it; upper owners cannot worsen this burden.
Duties of Servient Owner (Art. 1379)
Must not impair or reduce the servitude’s use.
E
Effect of Agreement (Art. 1286)
Enforceable against later right-holders if deposited.
Effect on Third Parties (Art. 1364)
A servitude only binds third parties if registered in the immovable property register where the servient tenement is located.
Exclusion of Redemption (Art. 1385)
Parties can bar redemption requests for up to 10 years via the creating or later instrument.
Exceptional Profits (Art. 1348)
The usufructuary doesn’t own exceptional profits but has usufruct over them.
Excavations or Works Underground (Art. 1210)
An owner must avoid damaging a neighbor’s land or structures through subsurface activities.
Extent of Servitude (Art. 1370)
Defined by its register entry, supplemented by creation method or long-term peaceful use; defaults to subsequent articles if unclear.
Extinction of Usufruct (Art. 1322)
Ends at the usufructuary’s death, time expiry, or after 30 years for corporate/property usufructs unless shorter.
Expropriation (Art. 1399, 1414)
The compulsory acquisition of property by public authorities, which bars the exercise of the right of recovery. Also, nullifies the beneficiary’s right of recovery or pre-emption.
F
Fences (Art. 1207)
An owner’s right to enclose their land with fencing.
Finder’s Duties (Art. 1154)
Obligations of a person finding a chattel to report it per regulations or take steps to inform the owner.
Finder’s Reward (Art. 1158)
A court-granted reward (up to one-quarter of the object’s value) for the finder, based on parties’ finances and owner’s likelihood of recovery, claimable within one year of restitution.
Fishing and Navigation (Art. 1256)
Rights to fish or navigate are governed by special laws.
Form of Agreement (Art. 1283)
Must be written to be effective.
Fruits (Art. 1328, 1408(3))
Natural fruits belong to the usufructuary when separated per custom; excess must be returned. Also, the natural or economic benefits (e.g., crops, rent) produced by the property, which can offset interest payments in recovery.
G
Goods (Art. 1126)
All items classified as either movable or immovable.
Good Faith (Art. 1162)
The belief that the contracting party is entitled to transfer the chattel, presumed unless proven otherwise.
H
Holder (Art. 1147, 1148)
One who possesses on behalf of another, distinct from a possessor claiming for themselves.
Hydraulic Power (Art. 1244)
Only concession holders can develop rivers for hydraulic power distribution.
I
Immemorial Usage (Art. 1387)
Long-standing or ancient use of a thing, which does not establish a right of recovery.
Immovable (Art. 1411(1), 1422, 1423)
Real property (e.g., land, buildings) subject to restrictions under this chapter, with specific rules for registration and enforceability against third parties.
Immovable Goods (Art. 1130)
Lands and buildings.
Immovable Property Transfer (Art. 1185)
Requires entry in immovable property registers.
Inalienability (Art. 1357)
The occupation right cannot be sold or inherited.
Incomplete/Unlawful Agreement (Art. 1288)
Chapter provisions apply if the agreement is defective or illegal.
Increase (Fruits) (Art. 1264)
Fruits of the jointly owned thing are jointly owned, divisible upon request.
Increase from Breeding (Art. 1171)
Offspring belong to the owner of the mother.
Indemnity to Possessor (Art. 1166)
A good-faith possessor losing stolen property bought from a tradesman, market, or auction can demand reimbursement from the seller.
Industrial Use (Art. 1242)
An owner can use bordering water for industrial purposes (e.g., mills), ensuring it remains unsoiled downstream.
Income from Credits/Rights (Art. 1347)
The usufructuary gains interest, arrears, and dividends as they mature.
Insurance (Art. 1320)
Either party can insure their rights; one’s insurance doesn’t automatically benefit the other unless agreed.
Intangible Rights (Art. 1128)
Claims or incorporeal rights embodied in bearer securities, deemed corporeal chattels unless otherwise provided by law.
Interruption of Limitation (Art. 1169)
Rules on interrupting limitation periods in contracts apply to usucaption.
Intestate Succession (Art. 1391)
The legal process of distributing a deceased person’s estate without a will, which dictates the order of parental recovery rights.
Intrinsic Elements (Art. 1131, 1132)
Components of goods that are either customarily regarded as part of a thing or materially united to it and cannot be detached without damage.
Inventory (Art. 1316)
Either party can request a joint-cost inventory of the usufruct goods.
Irrigation (Owner’s Right) (Art. 1236)
An owner can irrigate with water crossing or bordering their land, not harming downstream domestic or cattle use.
Joint Ownership (Art. 1257)
Ownership of a thing by multiple persons together, subject to rules for agricultural communities and official associations.
Joint Ownership Agreement (Art. 1282)
Defines rights, duties, and management, setting each owner’s share in common parts.
Joint Owners (Art. 1388(1))
Individuals who collectively own a thing (e.g., property) and have a legal right of recovery when a share of that thing is disposed of.
Jointly Owned Parts (Art. 1281)
In multi-owner buildings, land and common parts (e.g., separating walls) are jointly owned unless proven otherwise.
Junction of Possessions (Art. 1150)
A possessor benefits from a prior possessor’s prescription period if the prior possessor could claim it; a bare owner benefits from taxes paid by a usufructuary.
Justified Force (Art. 1148)
Possessors and holders can use justified force to repel usurpation or interference and reclaim a thing taken by violence or secretly if done immediately.
L
Landowner’s Claim to Crops (Art. 1174)
The landowner’s right to crops or their value, claimable within one year of harvest.
Laying Out Pipes (Art. 1253)
Pipes are installed to minimize damage, avoiding buildings and yards where possible.
Leasing (Art. 1331)
The usufructuary can lease the thing, owning rents daily.
Legal Action (Art. 1149)
Possessors or holders can sue for restoration, cessation of interference, or damages within one year; courts favor restoration unless the defendant proves a justifying right.
Legal Provisions for Water (Art. 1230)
Water use, appropriation, and servitudes follow this title, subject to irrigation/drainage laws (Art. 1501-1534) and special regulations.
Legal Right of Pre-emption (Art. 1261)
Joint owners can compel a third-party buyer of a share to sell it to them, per Chapter 4 rules.
License (Art. 1369)
Permission to use land in a specific way is not a servitude and can be revoked anytime by the grantor.
Limits of Rights (Art. 1330)
The usufructuary must not abuse rights, alter the thing substantially, or change its purpose; the owner can monitor compliance.
Limitation Period (Art. 1346)
Claims for damage or removal rights expire one year after the thing’s return.
Limited Ownership Transfer (Art. 1187)
Non-standard transfer timing affects third parties only with acceptance or public registration.
Liberty of Owner (Party Wall) (Art. 1278)
No owner can force another to build or repair a party wall.
Loss of Building (Art. 1304)
After total loss (e.g., fire), any owner can request auction of the land and remains.
Loss of Thing (Art. 1319)
Usufruct ends if the thing is lost, but extends to compensation if expropriated/requisitioned.
Loss/Rebuilding (Art. 1343-1344)
Neither party must rebuild decayed/destroyed things; usufruct persists on remaining parts.
M
Maintenance of Right of Way (Art. 1224)
The beneficiary must maintain the right of way and minimize damage to the encumbered land.
Manager Appointment (Art. 1298)
Appointed by the syndicate or temporarily by court; need not be an owner.
Manager Authority (Art. 1299)
May require written duties/powers and a term specification.
Manager Duties (Art. 1302)
Maintains, secures, and repairs common parts, convenes syndicate, enforces decisions, and represents it legally.
Manager Liability (Art. 1303)
Liable under agency rules; appeals against liability decisions involving the manager’s vote are allowed.
Manager Remuneration (Art. 1300)
Unpaid unless agreed, but reimbursed for syndicate expenses.
Manager Revocation (Art. 1301)
Revocable anytime by the syndicate, with agreed remuneration payable; restrictions on revocation for cause are void.
Maximum Period (Prohibitive Provisions) (Art. 1431)
A limit of twenty years or the assignee’s lifetime for provisions prohibiting assignment or attachment, starting from the transfer date.
Maximum Time Limit (Art. 1413)
A legal cap of ten years on the duration of a promise of sale or pre-emption agreement; longer periods are reduced to ten years.
Merger and Embodiment (Art. 1183)
Mixed or embodied things become jointly owned proportional to value, or owned by the principal thing’s owner if one is accessory.
Mortgage Debts (Art. 1340)
The usufructuary isn’t liable for mortgage debts but can demand reimbursement if paid.
Movable Goods (Art. 1127)
Goods that can move themselves or be moved by man without losing their individual character (e.g., corporeal chattels).
N
Natural Forces (Art. 1129)
Forces like electricity, deemed corporeal chattels when mastered and used by man, unless otherwise provided by law.
Necessary Expenses (Art. 1268)
Unauthorized expenses to prevent loss/damage are shared by all, unless purposeless or due to the spender’s fault; surrender relieves this duty.
Necessary Means (Art. 1372)
A servitude includes ancillary rights (e.g., a right of way to a well for water-drawing) essential for its enjoyment.
Necessary Works (Art. 1373)
The dominant owner can build works to enjoy/preserve the servitude, typically at their expense unless the creating instrument says otherwise.
New Needs (Art. 1376)
Increased needs of the dominant tenement do not expand the servitude’s burden.
New Springs (Art. 1248)
Drainage rules apply to springs created by boring or underground works.
Non-Apparent Servitude (Art. 1367)
A servitude without visible signs cannot be acquired by prescription.
Non-Necessary Expenses (Art. 1269-1270)
Unauthorized, value-enhancing expenses aren’t refunded, but the spender can undo them; fruit/crop production costs are deductible from proceeds.
Non-Reclaimable Ownership (Art. 1164)
Ownership voluntarily relinquished cannot be reclaimed from a good-faith possessor, even if fraud was involved.
Non-Transmissible Right (Art. 1415)
A characteristic of rights under this section, limiting them to the original beneficiary unless otherwise agreed, prohibiting alienation or inheritance.
Normal Use (Art. 1326)
The usufructuary can use the chattel per its nature, not liable for normal wear.
Notice of Transfer (Art. 1400)
Formal notification to a beneficiary (joint owner or parent) that a thing’s ownership or usufruct has been transferred, triggering a deadline to exercise the right of recovery.
O
Occupation (Art. 1151)
The act of taking possession of a corporeal chattel with no master, with the intent to become its owner, thereby acquiring ownership.
Order of Recovery (Art. 1394)
The prioritized sequence in which rights of recovery are exercised: first by joint owners, then by parents.
Ordinary Charges (Art. 1314)
Annual taxes and income-based charges are paid by the usufructuary; paying land taxes doesn’t grant ownership rights.
Owner Disposing of Thing (Art. 1323)
The owner’s disposal doesn’t affect usufructuary rights unless waived.
Owner’s Repair Rights (Art. 1339)
The owner isn’t obliged to make considerable repairs but must consider the usufructuary’s convenience if doing so.
Ownership (Art. 1204)
The widest legal right over a corporeal thing, indivisible and unrestricted except by law.
Ownership Above the Land (Art. 1211)
Ownership extends above the land’s surface as necessary for its use.
Ownership of Stories or Suites of a Building (Art. 1281)
Jointly owned parts are common unless otherwise proven.
Ownership of Subsoil (Art. 1209)
Ownership extends below the land’s surface as necessary for its use.
P
Parents (Relatives by Consanguinity) (Art. 1389)
Blood relatives of a person who alienates land, entitled to a legal right of recovery under specific conditions.
Partial Destruction (Syndicate Power) (Art. 1305)
Syndicate decides on rebuilding or repair after partial damage.
Partial Extinguishment (Art. 1382)
A servitude can partially lapse by prescription mirroring its creation method.
Partial Occupation (Art. 1355)
Allows use of common installations if occupying part of a house.
Parts Not Jointly Owned (Art. 1289-1290)
Each owner has full rights (e.g., disposal, renting) over their exclusive parts, respecting the building’s nature.
Penalty for Abuse (Art. 1226)
A harmed owner can demand repair or prevention of damage from abusive use, plus additional damages.
Penalty for Irrigation Violation (Art. 1238)
Courts can halt upstream irrigation works incompatible with vested downstream rights.
Perpetual Joint Ownership (Art. 1276)
Allowed if division/sale is impossible or unreasonable due to the thing’s nature/purpose.
Pipes (Art. 1220)
An owner must allow water, gas, or electrical lines on their land for others’ benefit, with pre-paid compensation and minimal disturbance; they can demand relocation at their expense.
Plantations Against Will (Art. 1175)
Trees planted against the landowner’s will grant no rights to the planter, who bears removal costs if ordered.
Plantations With Permission (Art. 1176)
Trees planted with permission can be fully owned by the landowner upon compensation.
Possession (Art. 1140)
Actual control over a thing, exercised directly or through a third party who holds it.
Possession in Good Faith (Art. 1161)
Acquiring ownership of a corporeal chattel through a contract for consideration, believing in good faith that the seller has a valid title, effective upon taking possession.
Possession of Found Object (Art. 1155)
The finder’s right to retain and preserve a found object after fulfilling duties.
Price (Art. 1406(1))
The amount paid by the current owner for the thing, refundable to them upon recovery.
Priority of Domestic Use (Art. 1237)
Downstream users with vested rights (shown by visible works) can block irrigation that harms non-domestic uses.
Promise of Sale (Art. 1410(1))
An agreement where the owner of a thing commits to selling it to a specified person if that person chooses to buy it.
Prescription (Art. 1150)
The legal process by which possession over time can establish rights, connectable between successive possessors.
Prescription Effect on Third Parties (Art. 1368)
An apparent servitude acquired by prescription requires registration to affect third parties, with an instrument specifying its extent.
Presumption of Equality (Art. 1259)
Each joint owner’s share is assumed equal unless otherwise specified.
Price (Art. 1406(1))
The amount paid by the current owner for the thing, refundable to them upon recovery.
Prohibited Works (Art. 1235)
Water users can oppose polluting works (e.g., sewers) and demand their removal.
Property Ownership (Art. 1184)
Ownership shifts by law or agreement.
Protection of Owner (Art. 1324)
The owner can demand sureties if rights are at risk, especially for consumables; failure or misuse allows court-ordered vesting.
Protection of Possession (Art. 1148)
Possessors and holders can use justified force to repel usurpation or interference and reclaim a thing taken by violence or secretly if done immediately.
Provision Prohibiting Assignment (Art. 1428(1), 1440)
A contractual restriction preventing the new owner from transferring an immovable, enforceable by the original assignor or appointee.
Provision Prohibiting Attachment (Art. 1428(2), 1435)
A contractual clause preventing the seizure of an immovable by creditors, enforceable by the owner or designated third party.
R
Rainwater (Art. 1245)
Building owners must direct rainwater onto their land or public sewers via gutters/pipes.
Rebuilding Party Wall (Art. 1279)
If one owner rebuilds a destroyed party wall alone, it becomes theirs; the non-contributing owner can later co-own it by paying half the costs.
Recovery by Owner (Art. 1157)
The original owner’s right to reclaim a found object, refunding the finder’s expenses, as long as ownership persists.
Reclaiming Stolen Property (Art. 1165)
Stolen chattels can be reclaimed from a good-faith possessor within three years of the theft.
Redeeming Servitude (Art. 1383-1384)
Possible if against national/public interest or disproportionately burdensome; requires court order and compensation if parties don’t agree.
Register of Immovables (Art. 1432)
A public record where prohibitive provisions must be entered to affect third parties.
Registration (Art. 1422, 1423)
The formal entry of an agreement in the register of immovables (for registered immovables) or court registry (for other immovables) to make it enforceable against third parties.
Regulation of Joint Ownership (Art. 1258)
Governed by the originating instrument or agreements among joint owners, supplemented by law if absent, defective, or illegal.
Regulation of Neighbor’s Use (Art. 1234)
The landowner can reasonably regulate neighbors’ water use and demand fair compensation if notably impaired.
Restoration of Thing (Art. 1317)
The usufructuary must return the thing at usufruct’s end, liable for loss/deterioration unless faultless.
Restriction on Industrial Use (Art. 1243)
Irrigation rules apply if water is blocked or soiled; compensation is limited to good-faith works halted without objection.
Restriction on Works (Art. 1215)
Ownership rules for joint building parts (Art. 1281-1308) and unauthorized constructions (Art. 1178-1180) remain unaffected.
Restrictive Interpretation (Art. 1429)
A legal principle requiring prohibitive provisions (e.g., against assignment or attachment) to be narrowly construed, avoiding broader implications.
Right in Rem (Art. 1411(1), 1416(1), 1418(1))
A real right enforceable against the thing itself (e.g., immovable or specific chattel), arising from a promise of sale or right of pre-emption, provided it meets specific conditions.
Right of Occupation (Art. 1353)
The right to live in or occupy part of a house.
Right of Pre-emption (Art. 1410(2))
A contractual right where the owner of a thing agrees to offer it for sale to a specified person before selling it to anyone else, should the owner decide to sell.
Right of Recovery (Art. 1386)
The legal right of a person to reclaim a specific thing (e.g., property) that was transferred to a third party in ownership or usufruct, against payment of its price or value.
Right of Way (Art. 1221)
An owner of an enclave or inadequately accessible land can demand passage from a neighbor, paying proportional compensation.
Right of Way from Division (Art. 1223)
If an enclave results from land division, the right of way is demanded from the original owner.
Rights of Third Parties (Art. 1134, 1138)
Rights extinguished when a thing becomes an intrinsic element, though claims for damages or unlawful enrichment remain; rights on accessories unaffected unless against a third party in good faith without prior written documentation.
Rights of Usufructuary (Art. 1311)
Entitlement to possess, use, enjoy, and administer the thing.
Rights on Party Wall (Art. 1280)
Alterations (e.g., raising height, leaning buildings) require mutual consent.
Rights on Share (Art. 1260)
A joint owner can dispose of or pledge their share, and creditors can attach it.
Running with the Land (Art. 1361)
A servitude persists despite changes in ownership of either tenement; registered servitudes bind all subsequent owners.
Rural Servitudes (Art. 1371)
Rights like passage, pasture, or irrigation are governed by local custom regarding their scope.
S
Sale by Auction (Chattels) (Art. 1271)
Any joint owner can request an auction of a corporeal chattel, delayable by court up to six months if timing is poor.
Sale of Found Object (Art. 1156)
The finder’s right to sell a deteriorating or costly-to-maintain found object at public auction, with proceeds replacing the object.
Scope of Right (Art. 1205)
The owner’s freedom to use, exploit, or dispose of property (for consideration or gratuitously, during life or at death), subject to legal restrictions.
Secret Possession (Art. 1146)
Possession concealed in a way that suggests no rightful claim, giving rise to no rights.
Securities (Art. 1403)
Financial guarantees provided by a beneficiary to ensure payment of the price when declaring intent to recover.
Securities to Bearer (Art. 1128)
Claims or incorporeal rights embodied in bearer securities, deemed corporeal chattels unless otherwise provided by law.
Separate Title Deeds (Art. 1352)
Either party can request separate deeds for their rights (except banknotes) at their cost.
Servient Tenement (Art. 1359)
The land burdened by a servitude.
Servitude (Art. 1359)
A legal charge on a servient tenement (land) for the benefit of a dominant tenement (another land), requiring the servient owner to allow certain acts or refrain from exercising ownership rights.
Specification (Art. 1182)
A new article from another’s substance belongs to the worker if labor value exceeds material value, unless bad faith shifts it to the material owner.
Specific Chattel (Art. 1411(1))
A distinct movable item (e.g., a car or artwork) that can be subject to a promise of sale or pre-emption agreement, creating a right in rem.
Sound Management (Art. 1312)
The usufructuary must manage the thing responsibly.
Subscription for New Shares (Art. 1349)
The owner subscribes for new shares; the usufructuary’s rights extend to subscribed shares or sale proceeds.
Surrender of Share (Art. 1262)
A surrendered share accrues to other joint owners, but the surrendering owner remains liable for prior debts.
Surrender Option (Art. 1374)
If works are the servient owner’s burden, they can surrender the tenement (or part) to the dominant owner to avoid the obligation.
Syndicate Decisions (Art. 1296)
Made by majority vote, served on absent owners.
Syndicate Meetings (Art. 1295)
Convened by the manager, mandatory if five owners request, with reasonable notice.
Syndicate Operation (Art. 1294)
Voting is proportional to share value; proxies are allowed.
Syndicate of Joint Owners (Art. 1293)
A legal representative body making decisions on common parts per the agreement.
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Taking of Water (Art. 1249)
An owner can build water-taking works on a neighbor’s land, with access for construction/maintenance.
Temporary Hindrance (Art. 1142)
A possessor does not lose rights if temporarily prevented from exercising control over a thing.
Temporary Separation (Art. 1137)
Accessories retain their character even if temporarily detached.
Termination of Lease (Art. 1332)
Leases end with the usufruct; land/building leases bind the owner for three years post-usufruct unless fraudulently made.
Third Parties (Art. 1422–1424)
Individuals or entities not party to the original agreement, affected by it only if registered (immovables) or if they knew/should have known (movables).
Things Without a Master (Art. 1152, 1153)
Corporeal chattels or animals that have no owner, such as escaped tamed animals unclaimed within a month (except equine, asinine, camels, or bovines) or bee swarms that leave their hive.
Time Limit for Enforcement (Art. 1437, 1441)
Deadlines for enforcing prohibitions: before auction (attachment) or within two years post-sale if uninformed (attachment), and within two years of assignment (prohibition on assignment).
Time of Good Faith (Art. 1163)
Good faith must exist when possession begins; later discovery of a flawed title does not affect ownership.
Town-Planning Area (Art. 1396)
A designated urban development zone where the parental right of recovery cannot be exercised.
Transfer of Possession (Art. 1143)
Effective when a thing is delivered under a contract.
Trees and Crops (Art. 1133)
Intrinsic elements of land until separated; distinct corporeal chattels when subject to contracts for separation.
Trespass Necessary (Imminent Damage) (Art. 1217)
An owner must allow access to prevent imminent damage or danger, with compensation for resulting harm.
Trespass for Lost Things/Animals (Art. 1219)
An owner must allow entry to recover items or animals carried onto their land by natural forces or chance, with compensation and detention rights; access can be denied if the owner returns them immediately.
Trespass for Repairs (Art. 1218)
Access must be permitted for repairing adjacent walls or buildings, with compensation for damage.
Treasure (Art. 1159, 1329)
Valuable items buried or hidden for at least 50 years with no provable owner, belonging to the land or thing’s owner, with the finder entitled to half its value. The usufructuary has no claim to treasures found during the usufruct.
Trusts (Art. 1443)
Legal arrangements under Articles 516–544, unaffected by this chapter’s provisions.
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Underground Water (Art. 1255)
Public domain includes underground water; drilling over 100 meters requires permission.
Unanimous Consent (Art. 1266)
Disposal, mortgaging, or changing the thing’s purpose requires all joint owners’ agreement.
Unlawful Enrichment (Art. 1438(2), 1409)
A legal principle governing compensation for expenses or deteriorations related to an immovable after an auction sale, referenced in Articles 2162–2178. Also governing compensation for expenses or deteriorations related to the recovered property.
Upkeep Costs (Art. 1313)
The usufructuary bears normal maintenance, management expenses, and interest on debts charged to the thing.
Use of Joint Parts (Art. 1291)
Owners can use common parts per their purpose without disturbing others.
Use of Thing (Art. 1263)
Joint owners can use the thing per its intended purpose, respecting others’ rights.
Use of Water Works (Art. 1251)
Costs are split if the neighbor benefits; additional costs apply for adaptations.
Usucaption (Art. 1168)
Ownership of an immovable acquired by paying related taxes for 15 consecutive years, except for family-owned customary land claimable by members anytime.
Usufruct (Art. 1309, 1386, 1398)
The right to use and enjoy things or rights while preserving their substance, applicable to land, chattels, rights, or inheritances. Also, a legal right to use and enjoy the benefits of a property owned by another, which can be subject to the right of recovery if transferred.
Usufruct of Annuity (Art. 1351)
The usufructuary collects annuity arrears during the usufruct without compensation liability.
Usufruct of Flock (Art. 1345)
For accidental loss, return hides or value; replace partial losses with breeding increase.
Using Another’s Material (Art. 1181)
Material used by a landowner becomes theirs, with reimbursement and possible damages owed.
Usurpation (Art. 1148, 1149)
Wrongful taking or interference with possession, actionable by force or law.