Posetion
The name of the 2 types of posetion
1. Actual possession/possession in fact
2. Constructive possession/ possession in law
What is usucapión?
A means of acquring ownership or other real rights through possession as an owner
Explain the right of use and enjoyment
All co-owners have the right to posses and use the common property. They cannot alter the purpose of the property or prejudice the interests of other co-owner.
Who si the usufructuary?
person who enjoys the usufruct. who shall maantain the property as a responsible owner and shouldn´t cause damage.
What is posetion?
Explain the "by effect" classification
positive (acquires rights)
negative (realeases obligations)
Explain the fractional share
Each co-owner holds a percentage of interest in the property as a whole.
What does "duty to preserve" mean?
when the usufructuary must maintain the property and avoid unauthoried damage or changes
Explain the ability to exercise control (characteristic)
the person has the ability to manage, use, keep or dispose the item
Explain bad faith
knowing you didn´t own it, occupying without proper title
What does forced co-owenrship mean?
Exists when the physical nature of the property makes it impossible to divide or sell without destroying its utility or value
What was the example given for imperfect usufruct?
A person receives the right to use a sum of money and must account for its equivalent at the end.
Explain the power to control as a characteristic
It represents having effective dominion and authority over an object, such that you can exercise control over it to the exclusion of others, even if you are not currently near it.
What does "must be invoked" mean?
a judge doesn´t apply it on their own, you have to ask for it
What does it mean when a co-ownership is temporary?
The law allows owners to agree not to divide the property for a limited period (typically up to 5 years, renewable by consent), after which any party can petition to dissolve it.
What does it mean when a usufruct is perfect?
the property can be used withour destroying or consuming its essential nature